HomeMy WebLinkAboutCC Reso No 2006-129RESOLUTION NO. 2006-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LAKE ELSINORE, CALIFORl~TIA, APPROVING THE
ANNEXATION OF TERRITORY AND THE LEVY OF
ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND
STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION
AREA N0.12 (TESSERA)
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 27`n
day of 7une, 2006, 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. 12 (Tessera), (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 idenrified 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 petirion, hereby waives the
statutory requirements for the 45-day noticing period far 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 Disirict No. 1, Annexation
Area No. 12 (Tessera), showing the boundaries of the Annexation, which are
CITY COUNCIL RESOLUTION NO. 2006-129
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benefited by the improvements and the amount to be assessed against each of the
parcels within the Annexation; and
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 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. 12
(Tessera).
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 far the maintenance ar
servicing thereof.
SECTION 3. The City Manager has directed to cause the preparation of a
report in accordance with Article 4 of the Act far 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 for the
CITY COUNCIL RESOLUTION NO. 2006-129
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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.
SECTION 6. The City Council does hereby reference the Engineer's
Repart that indicates the amount of the assessment§, 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 adoprion 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 8`" day of August, 2006, by
the following vote:
AYES: COUNCILMEMBERS: HICKMAN, KELLEY, SCHIFFNER,
MAGEE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: BUCKLEY
ABSTAIN: COUNCILMEMBERS: ~
. ~//
Rd.~rt E. Magee,
City of Lake Elsi~
CITY COUNCIL RESOLUTION NO. 2006-129
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A
Frederick~ay, City Clerk
City of Lake Elsinore
AP OVED T F RM:
(/~/l~ '
arbara Zeid eibold, City Attorney
City of Lake Elsinore
EXHIBIT A
ANNEXATION N0.12 (TESSERA) TO LANDSCAPE AND
STREET LIGTHTING MAINTENANCE DISTRICT NO.1
iRALT 33370
APN: 373-07f-O18
SCALE: 1'- 75'
NCINIIY MRP
NO SG1E
~Q
~~~ p511dCi 6WN~.UtY
The parcel numbers above correspond to the Assessor's maps of the
Assessar of the County of Riverside for Fiscal Year 2005-06.
Annexation No. 12 to the Landscape and
Street Lighting Maintenance District No. 1
Assessment Diagram
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