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HomeMy WebLinkAboutCC Reso No 2006-092RESOLUTION NO. 2006-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS TRACT 33370 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 12 (TESSERA) TO THE LAI~ ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHALL BE TAKEN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIONS THERETO 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'), desires to initiate ' proceedings for the annexation of certain territory (the "Annexed Area") to the Landscape and Street Lighting District No. 1(the "District"), and declares the City's intention to order the annexation of the Annexed Area ior the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2006/2007 far the purposes provided therefore in the Act; and WHEREAS, MW, L.P. (hereinafter referred to as the "Developer") is the sole owner of that certain real property located in the City of Lake Elsinore, County of Riverside, State of California, more particularly described as follows: Legal Description: Tract 33370, in the City of Lake Elsinore, County of Riverside, State of California, currently known as Assessar Parcel No. 373-071-018; and WHEREAS, the Developer is developing the Property as a single family residential development (hereinafter referred to as the "Project"); and ' WHEREAS, the improvements to be installed, constructed, or maintained - within the proposed Annexed Area may include installation, construction, or CITY COUNCIL RESOLUTION NO. 2006-92 Page 2 of 5 maintenance of any authorized improvements under the Act, including, but not limited to, landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof; and WHEREAS, Section 22608 of the Act limits the requirement for the resolutions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory included within the annexation and waives these requirements with the written consent of all of the owners of property within the territory to be annexed; and WHEREAS, Proposirion 218, the Right to Vote on Taxes Act, does hereby require that a notice of th0 proposed assessment along with a ballot shall be mailed to all owners of identified parcels within the Annexed Area and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, the Annexation consists of the development lrnown as Assessor Parcel No. 373-071-018; and WHEREAS, the developer has submitted a petition to the City requesting to have the development annexed into the Landscape and Street Lighting District No. 1; and WHEREAS, the developer, as stated in the petition, may waive all statutory norices of hearing and rights of majority protest by any interested property owners within the Annexation; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Proposed Annexation No. 12 (Tessera) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District, which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the City has ordered the preparation of an Engineer's Report in accordance with Article 4(commencing with Section 22565) of Chapter 1 of the Streets and Highways Code giving a description of the annexation; and CITY COUNCIL RESOLUTION NO. 2006-92 Page 3 of 5 WHEREAS, the Engineer's Report, diagram, and assessments have been approved and 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 proposed annexation, the assessments, total costs, and description of the parcels to be assessed; and WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NOW, THEREFORE, THE CITY COUNCIL OF TFIE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERIVIINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a landscaping and street lighring system; and (2) declares its intention to arder the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land within such Annexation for that portion of the fiscal year commencing July 1, 2006 and ending June 30, 2007, to pay the costs and expenses of the maintenance of improvements described below. If the assessments proposed by this resolution are approved by the property owners pursuant to a mailed ballot election conducted in accardance with Article XIII D of the California Constitution, the City Council in subsequent fiscal years may thereafter impose the assessment at any rate or amount that is less than or equal to the amount authorized for Fiscal Year 2006/2007, without conducting another mailed ballot election. SECTION 3. That the City Council hereby proposes to annex to Landscape and Street Lighting District No. 1 the Annexed Area located at Tract 33370, also known as Assessor Parcel No. 373-071-018, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, landscaping and streetlight improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. CITY COUNCIL RESOLUTION NO. 2006-92 Page 4 of 5 The distinctive designation for the proposed Annexed Area shall be "Annexation No. 12 (Tessera) to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1", when referred to separately and upon annexation will be included in the designation of Landscape and Street Lighting District No. 1. SECTION 4. That the Property Owner has provided the City Council of the City of Lake Elsinore a petition fully signed and notarized, waiving all statutory notices of hearing and notice periods, granting the City the right to maintain and service the improvements and gives consent to the establishment of an assessment far the proposed annexation of the properiy into the District in an amount reasonably deternuned by the City to cover all costs and expenses incurred for the continued maintenance, operation, and servicing of the improvements. SECTION 5. A Diagram for the District (Section 22570 of the Streets and Highways Code) and an assessment (Section 22572 of the Streets and Highways Code) showing the area to be annexed, benefited, and assessed far the improvements has been prepared as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the City Clerk. SECTION 6. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the District, is hereby declared to describe the proposed boundaries of the proposed annexation to the District and shall govem for all details as to the extent and location of said annexation. SECTION 7. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 8. That notice is hereby given that on the 8th day of August, 2006, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the City of Lake Elsinore, the City will hold a public hearing to receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. SECTION 10. This Resolution shall take effect from and after the date of its passage and adoption. CITY COLTNCIL RESOLUTION NO. 2006-92 Page 5 of 5 PASSED, APPROVED AND ADOPTED this 27`h day of June, 2006, by the following vote: AYES: COUNCILMEMBERS: Buckley, Hickman, Ketley, Schiffner, Magee NOES: COiJNCILMEMBERS: None ABSENT: COiJNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: Ciry of Lake E1su ATTE,~I': Frederick Ra~ City Clerk City of Lake Elsinore AP OVED AS FO . bara Zeid L' old, City Attorney City of Lake Elsinore EXHIBIT A ANNEXATION N0.12 (TESSERA) TO LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO.1 TRACT 33370 APN: 373-071-018 SCME: 1'~ 75' VIdNITY MM NO SCME IF. NO d511LCi BqMOAkY