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HomeMy WebLinkAboutCC Reso No 2006-012RESOLUTION NO. 2006-12 A 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 AREA NO. 8 (LA STRADA) 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 "AcY'), did on the 13`h day of December, 2005, adopt a resolution initiating proceedings for the annexation of certain property (the "Annexed Area") into the Landscape and Street Lighting District No. 1(the "DistricY') as Annexation Area No. 8(La Strada), (the "Annexation"), for the purposes provided therefore in the Act; and WHEREAS, said Resolution was duly and legally published in the time, form, and manner as required by law, and which Resolution 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, the property owner of said Annexation has submitted a signed and notarized petition and an assessment ballot in favor of the proposed assessment against the Annexation; and WHEREAS, the property owner by signing said petition, hereby waives the statutory requirements far the 45-day noticing period for the public hearing and rights of majority protest; and WHEREAS, said petition and assessment ballot is on file in the Office of the City Clerk; and WHEREAS, the City has prepared a diagram attached as E~ibit "A," which is designated Landscape and Street Lighting District No. 1, Annexation Area No. 8(La Strada), showing the boundaries of the Annexation, which are benefited by the improvements and the amount to be assessed against each of the parcels within the Annexation; and CITY COUNCIL RESOLUTION NO. 2006-12 Page 2 of 5 WHEREAS, the diagram and assessment have been filed with 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 prior thereto; and WHEREAS, said City Council having 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 TAE 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. 8(La Strada). Installation, construction, or 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 preparation of a report in accordance with Article 4 of the Act for the Annexation and which is on file with 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 far the improvements has been prepared as Exhibit "A." The diagram, assessments, and improvement plans have been filed with 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 and filed with the City Clerk. CITY COUNCIL RESOLUTION NO. 2006-12 Page 3 of 5 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. The City Clerk shall certify to the adoption of this Resolution. SECTION 8. This Resolution shall take effect from and after the date of its passage and adoption. PASSED, APPROVED AND ADOPTED this 24`h day of January, 2006, by the following vote: AYES: COUNCILMEMBERS BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS ABSENT: COUNCILMEMBERS ABSTAIN: COUNCILMEMBE: ATTES : Frederick Ray ity Clerk City of Lake Elsinore . AS Attorney NONE NONE City of Lake EXHIBIT A ANNEXATION NO. 8(LA STRADA) TO LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO. 1 APN: 363-020-0OS H~ ~ PROJECT SITE y.~ / ~a^~T~'y^P ^ xo u~u s xn~tumx~ \ LEfdtl¢ W~A p5ACI90lDMx ~ ~Q FGU.IMfIW ~ ~u / The parcel numbers above correspond to the Assessors maps of the Assessor of the County of Riverside for Fiscal Year 2005-06. Annexation No. 8 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1