HomeMy WebLinkAboutCC Reso No 2006-125RESOLUTION NO. 2006-125
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE CONFIRIVIING A DIAGRAM AND
ASSESSMENT AND PROVIDING FOR ANNUAL
ASSESSMENT LEVY AFTER FORMATION OF A DISTRICT
FISCAL YEAR 2006-07
WHEREAS, the City Council 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 disirict known and
designated as
CITY OF LAKE ELSINORE
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 1
(hereinafter referred to as the "District"); and
WHEREAS, the City Council has ardered 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 consideration 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 referenced 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 DOES HEREBY RESOLVE, DETERMINE AND
ORDER 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protests filed, and not withdrawn, did not represent property owners owning more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°/o) of the area of assessable lands within the District, and all
protests are overruled and denied.
CITY COUNCIL RESOLUTION NO. 2006-125
PAGE 2 OF 3
SECTION 3. That this City Council hereby confirms the diagram and
assessment as submitted and orders 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 hereby confirmed and adopted by this City Council.
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 Counry 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
LANDSCAPING AND STREET LIGHTING DISTRICT NO. 1
into which the City shall place all monies collected by the Tax Collector pursuant
to the provisions of the Resolurion 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.
CITY COUNCIL RESOLUTION NO. 2006-125
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PASSED, APPROVED AND ADOPTED this 25`~' day of July, 2006, by
the following vote.
AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY,
SCHIFFNER, MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
ABSTAIN: COUNCILMEMBERS:
Ro`"Uert E. M;
City of Lake
ATTE T:
' Fredericlc R , City Clerk
City of Lake Elsinare
APPROVED AS TO FORM:
David H. Mann, Assistant City Attorney
City of Lake Elsinore