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Home My WebLink AboutCC Reso No 2005-029RESOLUTION NO. 2005 - 29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE, COUNTY OF RIVERSIDE, STATE OF CALIFORNIA, INITIATING PROCEEDINGS AND APPROVING THE ENGINEER'S REPORT FOR THE ANNEXATION OF CERTAIN TERRITORY KNOWN AS THE TRACT 32670 INTO THE CITY OF LAKE ELSINORE LANDSCAPE AND STREET LIGHTING DISTRICT NO. 1, AS ANNEXATION NO. 7 TO THE LAKE ELSINORE LANDSCAPE AND STREET LIGHTING MAINTENANCE DISTRICT NO. 1, DECLARING THE CITY'S INTENTION TO ORDER THE ANNEXATION AND TO LEVY AND COLLECT ASSESSMENTS, DETERMIr1ING THAT THESE PROCEEDINGS SIIALL 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 Elsinare, pursuant to the provisions of the Landscaping and Lighring Act of 1972 being Division 15 of the Sixeets and Highways Code of the State of California (the "AcY'), desires to initiate proceedings for the annexation 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 annexarion of the Annexed Area for 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, D.R. Horton (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~on: Tract 32670, in the City of Lake Elsinore, County of Riverside, State of California, currently lrnown as Assessor Parcel No.'s 373-221-032 and 373-221- 057. WHEREAS, the Developer is developing the Property as a multi-family Page 2 residential development (hereinafter referred to as the "Project"); and WHEREAS, the improvements to be installed, constructed, or maintained within the proposed Annexed Area may include installation, conshucrion, 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; and WHEREAS, Section 22608 of the Act limits the requirement for the resolurions, Engineer's Report, notices of hearing, and right of majority protest under the Act to the territory induded 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 identified 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 known as Assessor Parcel No.'s 373-221-032 and 373-221-057; and WHEREAS, the developer has submitted a perition to the City requesting to have the development annexed into the Landscape and Street Lighting District Na 1; and WHEREAS, the developer, as stated in the petition, may waive all statutory riotices 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 Annexarion No. 7 to the Lake Elsinore Landscape and Sixeet Lighting Maintenance District IVo. 1 and an assessment showing the proposed boundaries of the territory to be annexed into the District, which is benefited by the construction of the improvements and the amount to be assessed against each of the parcels within the proposed annexation to the District; and WHEREAS, the City has ordered the preparation of an Engineer's Report in Page 3 accordance with Article 4(commencing with Secrion 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 descriprion 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, 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. The City Council hereby finds (1) that the public interest, convenience, and necessity require the maintenance of a street lighring system; and (2) declares its intention to order the formation of the Annexation and to levy and collect assessments against the assessable lots and/or parcels of land within such Annexarion 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 election 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 Lighring District No. 1 the Annexed Area located at Tract 32670, also known as Assessor Parcel No.'s 373-221-032 and 373-221-057, and to levy annual assessments thereon to provide for the following work: Installation, construction, or maintenance of any authorized improvements under Page 4 the Act, including, but not limited to, streetlight improvements and any faciliries which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. The distincrive designarion for the proposed Annexed Area shali be "Annexation No. 7 to the Lake Elsinore Landscape and Street Lighting Maintenance District No. 1", when referred to separately and upon annexation will be included in the designation of Landscape and Slxeet Lighting District No. 1. SECTION 4. That the Properiy Owner has provided the City Council of the City of Lake Elsinare a petition 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 establishment of an assessment for the proposed annexation of the property into the District in an amount reasonably determined by the City to cover all costs and expenses incurred for the continued maintenance, operarion, and servicing of the improvements. SECTION 5. A Diagram for the District (Secrion 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 City Clerk. SECTION 6. The diagram, which indicates by a boundary line the extent of the territory proposed to be annexed into the Disixict, 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 location of said annexation. SECTION 7. That the City Council is satisfied with the correctness of the diagram and assessment, including the proceedings and all matters relating thereto. SECTION 8. That notice is hereby given that on the 26th day of April, 2005, 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 receive and tabulate all ballots with reference to the Annexed Area pursuant to the Right to Vote On Taxes Act. Page 5 SECTION 9. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED this day 22nd of March, 2005 . E. MARiEE. MAYOR A ST: VICKI KASAD, CITY CLERK ATTORNEY. STATE OF CALIFORNIA ) COUNTY OF RNERSIDE ) ss. CITY OF LAKE ELSINORE ) AS TO FORM: CITY 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 22nd day of March, 2005 by the following vote of Council: AYES: COLTNCILMEMBERS HICKi~1AN, KELLEY, i~AGEE, SCHIFFNER NOES: COUNCILMEMBERS NONE ABSENT: COLJNCILMEMBERS BUCKLEY KASAD, CITY CLERK Page 6 Exhibit A Annexation No. 7(Delcaro) to Landscape and Street Ligthting Maintenance District No. l ~ ~ - AS~N'S PARCEL M116ER5 37l-Yl1-0S7 AID 373-0YI-032 ~ M07C'15'E 1120.{7 8 ~ ~ I.SGHND: D1STRiCT BOUNUARY MfN ~. PA The pazcel numbers above correspond to the Assessor's maps of the Assessor of the County of Riverside for Fiscal Year 2004-05. Annexation No. 7 to the Landscape and Street Lighting Maintenance District No. 1 Assessment Diagram Page 1 of 1