HomeMy WebLinkAboutCC Reso No 2006-046RESOLUTION NO. 2006-46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORNIA, APPROVING THE
INCREASE IN ASSESSMENTS AND THE LEVY OF
ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTRICT NO.1- ZONE 5, PHASE 2
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 14th
day of March, 2006, adopt a resolution initiating proceedings for the increase in
assessments for Landscape and Street Lighting District No. 1- Zone 5, Phase 2
(the "DistricY'), for the purposes provided therefore in the Act; and
WHEREAS, the 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, sha11 be mailed to all owners of identified parcels within the District,
and that the agency shall conduct a public hearing not less than 45 days after the
mailing of the notice; and
WHEREAS, the property owner of parcels within the District has submitted
a signed and notarized petition and an assessment ballot in favor of the proposed
assessment against the District; and
WHEREAS, the property owner by signing said petirion, hereby waives the
statutory requirements for 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 Exhibit "A,"
which is designated Landscape and Street Lighting Maintenance District No. 1-
Zone 5, showing the boundaries of the Zone 5, which are benefited by the
improvements and the amount to be assessed against each of the parcels within the
District; and
CITY COUNCIL RESOLUTION NO. 2006-46
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 far all details
regarding the improvements, the boundary of Zone 5, 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 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 TFIE 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- Zone 5, Phase 2.
Installation, construction, or maintenance of any authorized improvements
under the Act, including, but not limited to, street light and landscape
improvements and any facilities which are appurtenant to any of the
afarementioned or which are necessary ar convenient far the maintenance or
servicing thereo£
SECTION 3. The City Manager has caused the preparation of a report in
accordance with Article 4 of the Act for Zone 5, Phase 2 and which is on file with
the City Clerk.
SECTION 4. A diagram for Zone 5(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 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,
CITY COiJNCIL RESOLUTION NO. 2006-46
PAGE 3 OF 5
and adopts the Engineer's Report as submitted to the City Council and filed with
the City Clerk.
SECTION 6. The City Council does hereby reference the Engineer's
Repart that indicates the amount of the assessments, the Zone 5 boundary, detailed
descriprion 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 11`h day of April, 2006.
AYES: COLINCILMEMBERS: ~uckley, Hickman, xelley
Schiffner, Magee
NOES: COUNCILMEMBERS: None
ABSENT: COLJNCILMEMBERS: None
ABSTAIN: COUNCILMEMBERS:
~obert E. M~
City of Lake
ATTE .
rederick y, City Clerk
City of Lake Elsinore
City Attorney
City of Lake Elsinore
EXHIBIT A
LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING
MAINTENANCE DISTRICT NO. 1
(ROSETTA CANYON - ZONE 5, PHASE 2)
PHASE 2 ~ACi 25477
AasessarParcetNos.
349-2C6069
3E9d06020
349d00.027
348-016001
TRACT 25478 349-014002
3d9-016003
]C9-016004
]49A10.016
749~420.007
1RACT 25479 9G9-020.002
]49-030.006
PHASE 1 8C9-030.014
sasn3ao~s
349-030.079
I
~~~
TRACT 25478 t~
4
wam u~e
ic~n
- mc vww
The parcel numbers above correspond to the Assessor's maps of the Assessor of the
County of Riverside for Fiscal Year 2005-06.
Landscape and Street Lighting Maintenance District No. 1
Rosetta Canyon - Zone 5
Assessment Diagram
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