HomeMy WebLinkAboutCC Reso No 2008-076
RESOLUTION NO. 2008-76
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 2008-09
WHEREAS, the City Council of the City of Lake Elsinore, California, has
initiated proceedings for the annual levy of the assessments for a 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 dHsignated as
CITY OF LAKE ELSINORE
CITYWIDE: LANDSCAPING AND STREET LIGHTING DISTRICT
(hereinafter referred to as the "District"); and
WHEREAS, the City Council has ordered the preparation of a report and
the City District Engineer has prepared and filed with this City Council a report pursuant
to law for its considElration and subsequently thereto this City Council did adopt its
Resolution of Intention to levy and collect assessments for the next ensuing Fiscal Year
relating to the above rE~ferenced 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 City 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,
California, does hereby resolve 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protests filed, and not withdrawn, did not represent property owners owning more than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 City 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 herElby confirmed and adopted by this City Council.
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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 City Council and hereby confirmed.
SECTION 7. That the maintenance works of improvements contemplated
by the Resolution of Intention shall be performed pursuant to law 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.
SECTION 8. That the City has previously established a special fund known
as the
CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT
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.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Lake Elsinore, California, on this 8th day of Iy 2008.
AlT:
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VIVIAN MUNSON, CITY CLERK
CITY OF LAKE ELSINORE
APPROVED AS TO FORM:
~~
BARBARA ZEID LEIBOLD
CITY ATTORNEY
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF LAKE ELSINORE )
I, VIVIAN M. MUNSON, City Clerk of the City of Lake Elsinore, California, hereby
certify that Resolution No. 2008-76 was ado~ted by the City Council of the City of
Lake Elsinore at a regular meeting held on the 8 h day of July 2008, and that the same
was adopted by the following vote:
AYES:
Mayor Daryl Hickman, Mayor Pro Tern Genie Kelley,
Councilmembers Thomas Buckley, Robert E. Magee and
Robert Schiffner
NOES:
None
ABSTAIN: None
ABSENT: None
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VIVIAN M. MUNSON
CITY CLERK
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