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HomeMy WebLinkAboutCC Reso No 2005-025RESOLUTION NO. 2005 - ZS A RESOLUTION OF THE CITY 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. 6(ALBERHILL RANCI~ 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 Califomia (the "Act"), did on the 28`h day of December, 2004, adopt a resolution initiaring proceedings for the annexation of certain property (the "Annexed Area") into the Landscape and Street Lighring District No. 1(the "District") as Annexation Area No. 6(Alberhill Ranch), (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, Proposirion 218, the Right to Vote on Tvices Act, does hereby require that if the assessment is new, a notice of the proposed assessinent, 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 Ciry Cierk; and WHEREAS, the City has prepared a diagram attached as Exhibit "A," which is RESOLUTION NO. 2005 - ZS March 8, 2005 - Page 2 designated Landscape and Street Lighting District No. 1, Annexarion Area No. 6 (Alberhill Ranch), 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 refened 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 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 Lighring District No. 1, Annexation Area No. 6(Alberhill Ranch). Installarion, 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 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 RESOLUTION NO. 2005 - 25 1Vfarch 8, 2005 - Page 3 ~ and Highways Code) and an assessment (Section 22572 of the Streets and Highways 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 Cierk. SECTION 6. The City Council does hereby reference the Engineer's Report that indicates the amount of the assessments, the Annexarion 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 Resolurion. RESOLUTION NO. 2005 - z5 March 8, 2005 - Page 4 PASSED, APPROVED, AND ADOPTED this day 8th Of Mar.ch , 2005. APPROVED AS TO City Attorney STATE OF CALIFOI~tIA ) COUNTY OF RIVERSIDE ) ss. CITY OF LAKE ELSINORE ) ~~~ Robert E. Mage Mayor I, the City Clerk of the City of Lake Elsinore, do hereby certify that the foregoing Resolurion was duly adopted by the City Council of the City of Lake Elsinore at a regular meeting thereof, held on the $ th (~y Of Mar. ch , 2005 by the following vote of Council: AYES: NOES COUNCILMENIBERS ~UCKLEY, KELLEY, :^AGEE, SCHIFFNER COIJNCILMEMBERS NONE ~ Vicki Kasad, City Clerk ABSENT: COLTNCILMEMBERS xzc~azv Vicki Kasad, City Clerk Ex`iidi r ~ ~ ~ ~ W W m J ~ 0 HWY NAP ~NO SCALE LEGENO: DIS7RICT BOUNOARY The parcel numbers above conespond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. Annexation No. 6 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1