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HomeMy WebLinkAboutCC Reso No 2005-024RESOLUTION NO. 2005 - 24 A RESOLUTION OF THE CITY COUNCIL OF THE CTTY 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. 5(LA LAGUNA PHASE 3) WHEREAS, the City Council of the City of Lake Elsinare, 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"), did on the 2g`h day of December, 2004, adopt a resolurion initiating proceedings for the annexarion of certain property (the "Annexed Area") into the Landscape and Street Lighting District No. 1(the "DistricY') as Annexation Area No. 5(La Laguna Phase 3), (the "Annexation"), for the purposes provided therefare 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 Taaces 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 Annexarion 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 noricing period for the public hearing and rights of majority protest; and WHEREAS, said perition 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 - 24 March 8, 2005 - Page 2 designated Landscape and Street Lighting District No. 1, Annexation Area No. 5(La Laguna Phase 3), 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 ~1ND ORDERED BY THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, STATE OF CALIFORNIA: 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. 5(La Laguna Phase 3). - Installation, construcrion, 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 prepararion of a report in accordance with Arricle 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 RESOLUTION NO. 2005 - 24 Mazch 8, 2005 - Page 3 and Highways Code) and an assessment (Secrion 22572 of the Streets and Highways Code) showing the area to be benefited and assessed for the improvements has been prepared as E~ibit "A." The diagram, assessments, and improvement plans ha~e been filed with the City Clerk. SECTION 5. The City Council hereby fmds 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 Ciry 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 -~ March 8, 2005 - Page 4 PASSED, APPROVED, AND ADOPTED this day Rrh of Marrh , 2005. Robert E. Magee, yor APPROVED AS TO FO ,~ ~ Barbara Zeid ibold, City Attorney STATE OF CALIFORNIA GOUNTY 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 Ciry Council of the City of Lake Elsinore at a regular meeting thereof, held on the 8th day of Myr~h , 2005 by the following vote of Council: AYES NOES COUNCILMEMBERS BUCKLEY, KELLEY, MAGEE, SCHIFFNER COIJNCILMEMBERS NoNE HICKMAN ~ Vicki Kasad, City Clerk ABSENT: COUNCILMEMBERS Vicki Kasad, City Clerk E,~~,d,~ ~ ri~~nrct e~sr NO SCALB The parcel numbers above correspond 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