HomeMy WebLinkAboutCC Reso No 2019-026 Annual Levy and Collection of Assessments for Certain Maintenance in existing districtRESOLUTION NO. 2019 -026
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE
ELSINORE, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE
FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR
CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO
THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND
HIGHWAYS CODE OF THE SMTE OF CALIFORNIA, AND SETTING A
TIME AND PLACE FOR THE AITILICNEARING THEREON.
Whereas, the City Council of the City of Lake Elsinore, California, has previously formed a
landscaping and street lighting district pursuant to the terms and provisions of the "Landscaping
and Lighting Act of 1972 ", being Division 15, Part 2 of the Streets and Highways Code of the
State of California, in that is known and designated as City of Lake Elsinore Landscaping &
Street Lighting Maintenance District No. 1 (herein after referred to as the "District "); and,
Whereas, at this time, this City Council desires to take proceedings to provide for the annual
levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses
necessary for continual maintenance of those improvements exempt pursuant to California
Constitution Article XIIID within said District; and,
Whereas, at this time there has been presented and approved by this City Council, the
Engineer's Report as required by law, and this City Council desires to move forward with the
proceedings for said annual levy.
Now, Therefore, the City Council of the City of Lake Elsinore, California, does hereby resolve,
determine and order as follows:
Section 1. That the above recitals are all true and correct.
Section 2. That the public interest and convenience requires, and it is the intention of this City
Council, to undertake proceedings for the annual levy and collection of special assessments for
the continual maintenance of certain improvements, all to serve and benefit said District as said
area is shown and delineated on a map previously approved by this City Council and on file in
the Office of the City Clerk, open to public inspection, and therein so referenced and made a
part hereof, and proposed changes thereto are set forth in the Report of the Engineer,
incorporated herein as a part hereof.
Section 3. That the Report of the Engineer regarding the annual levy for said District, which
Report is for maintenance for the Fiscal Year 2019 -20 is hereby approved and is directed to
be filed in the Office of the City Clerk.
Section 4. That the public interest and convenience requires, and it is the intention of this
City Council, to order the annual assessment levy for the District as set forth and described
in said Engineer's Report and further it is determined to be in the best public interest and
convenience to levy and collect annual assessments to pay the costs and expenses of said
maintenance and improvements as estimated in said Report.
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Section 5. The assessments levied and collected shall be for the maintenance of certain
street lighting and landscaping improvements, as set forth in the Engineer's Report,
referenced and so incorporated herein.
Section 6. The County Auditor shall enter on the County Assessment Roll the amount of the
assessments, and shall collect said assessments at the time and in the same manner as
County taxes are collected. After collection by the County, the net amount of the
assessments, after the deduction of any compensation due to the County for collection, shall
be paid to the Treasurer for purposes of paying for the costs and expenses of said District.
Section 7. That all monies collected shall be deposited in a special fund known as "SPECIAL
FUND, CITY OF LAKE ELSINORE LANDSCAPING & STREET LIGHTING MAINTENANCE
DISTRICT NO. 1 ". Payment shall be made out of said fund only for the purposes provided
for in this Resolution, and in order to expedite the making of this maintenance and
improvements, the City Council may transfer into said funds as it may deem necessary to
expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments
provided for in this Resolution.
Section 8. Said contemplated maintenance work has been determined previously, in the
opinion of this City Council, to be exempt from the provisions of California Constitution Article
XIIID, and further of direct benefit to the properties within the boundaries of the District, and
this City Council hereby declares to be the district benefited by said improvements and
maintenance, and to be further assessed to pay the costs and expenses thereof. Said District
shall include each and every parcel of land within the boundaries of said District, as said
District is shown on a map as approved by this City Council and on file in the Office of the
City Clerk and so designated by the name of the District.
Section 9. Pursuant to Article XIIID of the California State Constitution, any lots or parcels
of land known as public property, as the same are defined in Section 22663 of Division 15,
Part 2 of the Streets and Highways Code of the State of California, which are included within
the boundaries of the District, shall be assessed based on the special benefit each such
parcel receives, as shown in the Engineer's Report.
Section 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 28TH DAY OF MAY 2019,
AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT
THE CULTURAL CENTER, 183 N. MAIN STREET, LAKE ELSINORE, IS THE TIME AND
PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR
OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS, TO THE
EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS
RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS
WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE
A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND
SCHEDULED FOR SAID PUBLIC HEARING.
Section 11. That the City Clerk is hereby authorized and directed to publish, pursuant to
Government Code Section 6061, the Resolution of Intention as notice of the Public Hearing in
the Riverside Press - Enterprise, a newspaper of general
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circulation within said City, said publication to be not less than ten (10) days before the date
set for said Public Hearing.
Section 12. That the City Clerk is further directed to cause a copy of the Resolution of Intention
and said notice to be posted upon the official bulletin board customarily used for the posting of
notices.
Section 13. That this Resolution shall take effect immediately upon its adoption.
Section 14. For any and all information relating to the proceedings, protest procedure, any
documentation and /or information of a procedural or technical nature, your attention is directed
to the below listed person at the local agency or department so designated: Director of
Administrative Services, City of Lake Elsinore, 130 South Main Street, Lake Elsinore, CA
92530.
PASSED AND ADOPTED at a meeting of the City Council f the City of Lake Elsinore,
California, on the 23rd day of April 2019.
ATTEST:
Mark Mahan
Deputy City Clerk
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF LAKE ELSINORE )
I, Mark Mahan, Deputy City Clerk of the City of Lake Elsinore, California, hereby certify that
Resolution No. 2019 -026 was adopted by the City Council of the City of Lake Elsinore,
California, at a regular meeting held on the 23rd day of April 2019, and that the same was
adopted by the following vote:
AYES: Council Members Sheridan, Johnson and Magee; Mayor Pro -Tern Tisdale and Mayor Manos
NOES: None
ABSENT: None
ABSTAIN: None
_Y
Mark Mahan
Deputy City Clerk