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Home My WebLink AboutCC Reso No 2006-167RESOLUTION NO. 2006-167 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, CALIFORIVIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1- ADDITION OF PARK LANDSCAPING TO SERENITY - ZONE 4, DECLARING THE CITY'S INTENTION TO INCREASE ASSESSMENTS 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 "Act"), desires to initiate proceedings for the increase in assessments for Landscape and Street Lighting District No. 1- Zone 4(the "DistricY'), and declares the City's intention to order the levy and collection of annual assessments within Zone 4 far Fiscal Year 2006/2007 for the purposes provided therefore in the Act; and WHEREAS, that legal description of the property located in the City of Lake Elsinare, County of Riverside, State of California, is more particularly described as follows: Legal Description: Tracts 19344-3 and 30846, in the City of Lake Elsinare, County of Riverside, State of California, currently known as Assessor Parcel No.'s 370-120- 066 to 074, 370-412-021, 370-415-006 to 015, 370-520-001 to 021, 370-521-001 to 029, 370-522-001 to 014, 370-523-001 to 024, 370-530-001 to 067, 370-531- 001 to 019, 370-540-001 to 018, 370-541-001 to 036; and WHEREAS, the improvements to be installed, constructed, or maintained within Zone 4 may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, park landscaping improvements and any facilities which are appurtenant to any of the CTTY COiTNCIL RESOLUTION NO. 2006-167 Page 2 of 4 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, norices of hearing, and right of majority protest under the Act to the territory included within Zone 4; and WHEREAS, Proposition 218, the Right to Vote on Taxes Act, does hereby require that a notice of the proposed assessment along with a ballot shall be mailed to all owners of identified parcels within Zone 4 and that the agency shall conduct a public hearing not less than 45 days after the mailing of said notice; and WHEREAS, Zone 4 consists of the development lrnown as Assessor Parcel No.'s 370-120-066 to 074, 370-412-021, 370-415-006 to 015, 370-520-001 to 021, 370-521-001 to 029, 370-522-001 to 014, 370-523-001 to 024, 370-530-001 to 067, 370-531-001 to 019, 370-540-001 to 018, 370-541-001 to 036; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is designated Landscape and Street Lighting Maintenance District No. 1- Zone 4 and an assessment showing the property which is benefited by the construction of the park landscaping improvements and the amount to be assessed against each of the parcels within Zone 4; 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 assessment increase; and WHEREAS, the Engineer's Repart, diagram, and assessments ha~e 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 Zone 4, 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 THE CITY OF LAKE ELSINORE DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That the above recitals are true and correct. CITY COiTNCIL RESOLUTION NO. 2006-167 Page 3 of 4 SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of park landscaping; and (2) declares its intention to order the increase of assessments and to levy and collect assessments against the assessable lots and/or parcels of land within Zone 4 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 accordance 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 increase assessments within Zone 4 of Landscape and Street Lighting District No. 1 located at Tracts 19344-3 and 30846, also known as Assessor Parcel No.'s 370-120-066 to 074, 370-412-021, 370-415-006 to 015, 370-520-001 to 021, 370-521-001 to 029, 370-522-001 to 014, 370-523-001 to 024, 370-530-001 to 067, 370-531-001 to 019, 370-540-001 to 018, 370-541-001 to 036, 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, park landscaping 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 4. 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 benefited and assessed for the improvements has been prepared as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the City Clerk. SECTION 5. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 6. That notice is hereby given that on the 28`h day of November, 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 CITY COUNCIL RESOLUTION NO. 2006-167 Page 4 of 4 receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. 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 10`h day of October, 2006, by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE ABSTAIN: COUNCILMEMBERS: ~~ Robert E. ~ City of Lake ATTEST: ~ Frederick y, City Clerk City of Lake Elsinore TO ~'arbara Zeic~ Leibold, City Attorney City of La~ Elsinore EXHIBIT A LAKE ELSINORE LANDSCAPE AND STREET LIGTHTING MAINTENANCE DISTRICT NO.1 SERENITY - ZONE 4 DISTRICT BOIMDMY VICINITY MAP NO SCAIE I FfFNII