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HomeMy WebLinkAboutCC Reso No 2005-013RESOLUTION NO. 2005 - 13 A RESOLUTION OF THE CTTY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, APPROVING THE ANNEXATION OF TERRITORY AND THE LEVY OF ASSESSMENTS FOR LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1 AS ANNEXATION AREA NO. 4(ROSETTA CANYON) 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 28`h day of December, 2004, 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. 4(Rosetta Canyon), (the "Annexarion"), 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 Resolurion 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 identified 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 petition, hereby waives the statutory requirements for the 45-day noticing period for 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 RESOLUTION NO. 2005 - I 3 February 8, 2005 - Page 2 designated Citywide Landscape and Street Lighting District, Annexation No. 4, showing the boundaries of the Annexation, which are 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, BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF LA.KE ELSINORE, STATE OF CALIFORNIA: SECTION 1. That the above recitals are true and conect. SECTION 2. That the City hereby proposes an annual levy of assessments for the Landscape and Street Lighting District No. 1, Annexarion Area No. 4(Rosetta Canyon). 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 for the maintenance or servicing thereof. SECTION 3. The City Manager has directed to cause the preparation of a report in accordance with Article 4 of the Act for 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 RESOLUTION NO. 2005 -~ February 8, 2005 - Page 3 Code) showing the area to be benefited and assessed for the 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 Report that indicates the amount of the assessments, 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 adoption of this Resolution. RESOLUTION NO. 2005 -~ February 8, 2005 - Page 4 PASSED, APPROVED, AND ADOPTED this day 8th Of Febr.uary , 2005. Ro ATTEST: Kasad, Ciry Clerk AS Zeid;L~ibold, City Attorney 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 City of Lake Elsinore at a regular meeting thereof, held on the $th day of FPb,-u~:-y , 2005 by the following vote of Council: AYES: COLTNCILMEMBERS gUCKLEY, HICKMAN, KELLEY, MAGEE, SCHIFFNER NOES: COUNCILMEMBERS NONE ABSENT: COLTNCILMEMBERS NoNE v icxi nasaa, ~;iry ~,ierx