HomeMy WebLinkAboutCC Reso No 2016-095 CC Reso Annual Assessment Levy After Formation of LLMD No. 1RESOLUTION NO. 2016-095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, CONFIRMING A DIAGRAM AND ASSESSMENT
AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AFTER FORMATION
OF A DISTRICT FISCAL YEAR 2016 -17
WHEREAS, the City Council (Council) of the City of Lake Elsinore (City), California, has initiated
proceedings for the annual levy of the assessments for a landscaping and street lighting
district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972 ",
being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a
district known and designated as:
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO.1
(herein after referred to as the "District "); and,
WHEREAS, the Council has ordered the preparation of a report and the City District Engineer
has prepared and filed with this Council a report pursuant to law for its consideration and
subsequently thereto this Council did adopt its Resolution of Intention to levy and collect
assessments for the next ensuing Fiscal Year relating to the above referenced District, and further
did proceed to give notice of the time and place for a Public Hearing on all matters relating to
said annual levy of the proposed assessment; and,
WHEREAS, at this time, this Council has heard all testimony and evidence and is desirous of
proceeding with said annual levy of assessments.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE HEREBY FINDS,
DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS:
Section 1. That the above recitals are all true and correct.
Section 2. That upon the conclusion of the Public Hearing, written protests filed, and not
withdrawn, did not represent property owners owning more than fifty percent (50 %) of the area of
assessable lands within the District, and all protests are overruled and denied.
Section 3. That this Council hereby confirms the diagram and assessment as submitted and
order the annual levy of the assessment for the Fiscal Year and in the amounts as set forth in
the Engineer's Report and as referred to in the Resolution of Intention as previously adopted
relating to said annual assessment levy.
Section 4. That the diagram and assessment as set forth and contained in said Report are hereby
confirmed and adopted by this Council.
Section 5. That the adoption of this Resolution constitutes the levy of the assessment for the
Fiscal Year.
Section 6. That the estimates of costs, the assessment diagram, the assessments and all other
matters, as set forth in Engineer's "Report", pursuant to said "Landscaping and Lighting Act of
1972," as submitted, are hereby approved, adopted by this Council and hereby confirmed.
Section 7. That the maintenance works of improvements contemplated by the Resolution of
Intention shall be performed pursuant to taw and the County Auditor shall enter on the County
Assessment Roll the amount of the Assessment and said assessment shall then be collected at
the same time and in the same manner as the County taxes are collected. After collection by
said County, the net amount of the assessment shall be paid to the City.
City Council Resolution No. 2016 -095
Page 2 of 2
Section 8. That the City has previously established a special fund known as the
CITY OF LAKE ELSINORE
LANDSCAPING & STREET LIGHTING MAINTENANCE DISTRICT NO.1
into which the City shall place all monies collected by the Tax Collector pursuant to the provisions
of the Resolution and law and said transfer shall be made and accomplished as soon as said
monies have been made available to said City.
SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment roll with the County Auditor, together with a certified copy of this
Resolution upon its adoption.
SECTION 10. That a certified copy of the assessment and diagram shall be filed in the office of
the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public
inspection.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of
Lake Elsinore, California, this 26th day of July, 2016.
Robert E. Mage , Mayor Pro Tern
ATTEST:
Susan M. Domen, MMC
City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, Susan M. Domen, MMC, City Clerk of the City of Lake Elsinore, California, do hereby certify that
Resolution No. 2016 -095 was adopted by the City Council of the City of Lake Elsinore, California,
at the Regular meeting of July 26, 2016, and that the same was adopted by the following vote:
AYES: Council Members Hickman, Johnson, and Manos
NOES: None
ABSENT: Mayor Pro Tern Magee and Mayor Tisdale
ABSTAIN: None
Susan M. Domen, MMC
City Clerk