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HomeMy WebLinkAboutCC Reso No 2005-004RESOLUTION NO. 2005 - 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, II~IITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 31917 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 5 TO T'HE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTFNANCE DISTItiCT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMINING THAT THESE PROCEEDINGS SHAI,L BE Tt~KEN PURSUANT TO THE Lt1NDSCAPING AND LIGHTING ACT OF 1972 AND THE RIGHT TO VOTE ON TAXES ACT, AND OFFERING A TIME AND PLACE FOR HEARING OBJECTIUNS THERETO WHEREAS, the Ciry 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 annexarion of certain territory (the "Annexed Area") to the Landscape and Street Lighting District No. 1(the "DistricY'), and declares the City's intention to order the annexation of the Annexed Area far.the levy and collection of annual assessment within the Annexed Area for Fiscal Year 2005/2006 for the purposes provided therefor in the Act; and WHEREAS, K. Hovnanian Forecast Homes, Inc. (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 Descri t~ion: Tract 31917, in the City of Lake Elsinore, County of Riverside, State of California, currently known as Assessor Parcel No.'s 391-260-051 and 391-260- 061. - :-~<. ,'~ Page 2 WHEREAS, the Developer is developing the Property as a single family residential development (hereinafter referred to as the "ProjecY'); and WI3EREAS, the improvements to be installed, constructed, or maintained within the proposed Annexed Area may include installation, construction, or maintenance of any authorized improvements under the Act, including, but not limited to, streetlight improvements and any facilities which are appurtenant to any of the aforemenrioned 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 maj ority 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, 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 idenrified 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.'s 391-260-051 and 391-260-061; and WHEREAS, the developer has submitted a petirion 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. 5 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 construcrion of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and Page 3 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 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; ~a WHEREAS, this City Council has examined and considered the Engineer's Report, diagram, assessments, and the proceedings prior thereto. NOW, THEREFORE, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORIVIA: SECTION 1. That the above recitals are hue and correct. SECTION 2. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a street lighting system; and (2) declares its intenrion to order 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, 2005 and ending June 30, 2006, 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 elecrion conducted in accordance with Article XIII D of the California Consritution, 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 2005/2006, 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 31917, also known as Assessor Parcel No.'s 391-260-051 and 391-260-061, and to levy annual assessments thereon to provide for the following work: Page 4 Installation, construcrion, or maintenance of any authorized improvements under the Act, including, but not limited to, 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. The distinctive designation for the proposed Annexed Area shall be "Annexation No. 5 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. l", 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 perition 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 establisl~ment of an assessment for the proposed annexation of the properry into the District in an amount reasonably determined by the City to cover all costs and expenses incurred far the continued maintenance, operarion, 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 for the improvements has been prepared as Exhibit "A." The diagram, assessment, and improvement plans have been filed with the Ci .ty 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 govern for all details as to the extent and locarion of said annexarion. SECTION 7. That the City Council is satisfied with the conectness 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 March, 2005, at the hour of 7:00 p.m., or as soon thereafter as possible, in the City Council Chambers, in the Ciry 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 Talces Act. Page 5 SECTION9. The Ciry Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day 25th of January, 2005 . /~/~~ OBERT E. EE, MAYOR ATTEST: ~ VICKI KASAD, CITY ATTORNEY APPROVED AS TO FORM: _ ~ ~~ ~~~ ~ ARB IBOLD, CITY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the Ciry of Lake Elsinore at a regular meeting thereof, held on the 25th day of January, 2005 by the following vote of Council: AYES: COUNCILMEMBERS AUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS NONE ABSENT: COIJNCILMEMBERS NONE VICKI KASAD, CITY CLERK Page 6 Exhibit A Annexation No. 5 to Landscape and Street Ligthting Maintenance District No. 1 v~unrri ner NO SCALS The pazcel numbers above conespond to the Assessor s maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. Annexation No. 5 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram . Page 1 of 1 STATE OF CALIFOl2NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at a Regular Meeting of said Council on the 25h of January, 2005, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BUCKLEY, HICKMAN, KELLEY, SCHIFFNER, MAGEE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: AB TAIN: COUNCILMEMBERS: ~~.. VICHI KASA , CMC, ITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, V1CHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2005-4 of said Council, and that the same has not been amended or repealed. 26, 2005 CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)