HomeMy WebLinkAboutCC Reso No 2007-112RESOLUTION NO. 2007-112
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING THE
ANNEXATION OF TERRITORY AND THE LEVY OF
ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION
A1tEA N0.19 (MAKENNA COUR'1~
WHEREAS, the City Council of the City of Lake Elsinore, pursuant to the
provisions of the Landscaping and Lighting Act of 1972 being Division 15 of the
Streets and Highways Code of the State of California (the "Act"), did on the 22nd
day of May, 2007, adopt a resolution initiating proceedings for the annexation of
certain property (the "Annexed Area") into the Landscape and Street Lighting
District No. 1(the "DistricP') as Annexation Area No. 19 (Makenna Court), (the
"Annexation"), for the purposes provided therefore in the Act; and
Wf1EREAS, the majority of property owners of said Annexation have
submitted a signed petition in favor of the proposed assessment for the
Annexation; and
WHEREAS, said Resolution was duly and legally published in the time,
form, and manner as required by law, and which Resolurion is on file in the Office
of the City Clerk; and
WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby
require that if the assessment is new, a notice of the proposed assessment, along
with a ballot, shall be mailed to all owners of identified parcels within the
Annexation, and that the agency shall conduct a public hearing not less than 45
days after the mailing of said notice; and
WHEREAS, a notice and assessment ballot were mailed to each property
owner within the Annexation and, at the close of the public hearing, the assessment
ballots were opened and tabulated by the Interim City Clerk and showing that no
majority protest exists; and
WHEREAS, said petition and assessment ballots are on file in the office of
the City Clerk; and
WHEREAS, the City has prepared a diagram attached as Exhibit "A,"
which is designated Landscape and Street Lighting District Na 1, Annexation
Area No. 19 (Makenna Court), showing the boundaries of the Annexation, which is
CITY COUNCIL RESOLUTION NO. 2007-112
PAGE 2 OF 4
benefited by the improvements and the amount to be assessed against each of the
parcels within the Annexation; and
WHEREAS, the diagram and assessment ha~e been filed in the office of the
City Clerk and are open to public inspection and may be referred to for all details
regarding the improvements, the boundary of the Annexation, the assessments, the
total costs, and the description of the parcel to be assessed; and
WHEREAS, the City Council has examined and considered the diagram,
the assessments, and the proceedings priar thereto; and
WHEREAS, said City Council ha~ing duly received and considered
evidence, oral and documentary, concerning the jurisdiction facts in the proceeding
and concerning the necessity for the contemplated work and the benefits to be
derived therefrom, and said City Council having now acquired jurisdiction to order
the proposed work.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND
ORDER AS FOLLOWS:
SECTION 1. That the above recitals are true and correct.
SECTION 2. That the City hereby proposes an annual levy of assessments
for the Landscape and Street Lighting District No. 1, Annexation Area No. 19
(Makenna Court).
Installation, construction, ar maintenance of any authorized improvements
under the Act, including, but not limited to, streetlight and landscape
improvements and any facilities which are appurtenant to any of the
aforementioned or which are necessary or convenient for the maintenance or
servicing thereof.
SECTION 3. The City Manager has directed to cause the prepararion of a
report in accordance with Article 4 of the Act for the Annexation and which is on
file in the office of the City Clerk.
SECTION 4. A diagram for the Annexation (Section 22570 of the Streets
and Highways Code) and an assessment (Section 22572 of the Streets and
Highways Code) showing the area to be benefited and assessed for the
CITY COUNCIL RESOLUTION NO. 2007-112
PAGE 3 OF 4
improvements has been prepared as Exhibit "A." The diagram, assessments, and
improvement plans have been filed in the office of the City Clerk. '
SECTION 5. The City Council hereby finds that each and every part of the
Engineer's Report is sufficient and the City Council hereby approves, passes on,
and adopts the Engineer's Report as submitted to the City Council on file in the
office of the City Clerk.
SECTION 6. The City Council does hereby reference the Engineer's
Report that indicates the amount of the assessments, the Annexation boundary,
detailed description of improvements, and the method of assessment. The
Engineer's Report is on file in the office of the City Clerk and reference to the
Engineer's Report is hereby made for all particulars.
SECTION 7. That the maintenance works of improvements contemplated
by the Resolution of Intenrion sha11 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 rime and in the same
manner as the County taYes are collected. After collection by said County, the net
amount of the assessment shall be paid to the City.
SECTION 8. The Interim City Clerk shall certify to the adoption of this
Resolution.
SECTION 9. This Resolution shall take effect from and after the date of its
passage and adoprion.
PASSED, APPROVED AND ADOPTED this 26`t` day of June, 2007, by
the following vote:
CITY COUNCIL RESOLUTION NO. 2007-112
PAGE 4 OF 4
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
~bert E. Magee,lVla
City of Lake Elsinore
ATTEST:
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Michelle Soto, Interim City Clerk
City of Lake Elsinore
. xr.~- •
$nrbara Zeid eibold, City Attorney
City of Lake lsinore
EXHIBIT A
ANNEXATION N0.19 (MAKENNA COURT) TO LANDSCAPE
AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1
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The parcel numbers above corresp ond to the Assessor's maps of the Assessor of lhe County of
Riverside for Fiscal Year 2007-08.
Annexation No. 19 to the Landscape and
Street Lighting Maintenance District No. 1
Assessment Diagram
Page 7 of 1