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HomeMy WebLinkAboutCC Reso No 2002-20RESOLUTION NO. 2002 - 20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAKE ELSINORE DECLARING ITS INTENTION TO FORM A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS THE CITY OF LAKE ELSINORE PARK & RECREATION MAINTENANCE DISTRICT, AND TO PROVIDE FOR THE LEVY AND COLLECTION OF ASSESSMENTS IN 5UCH DISTRICT, SET'I`ING A 1ZME AND PLACE FOR PUBLIC HEARING THEREON, ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES, APPROVING THE ASSESSMENT BALLOTING PROCEDURES AND THE GENERAL FORM OF THE NOTICE BALLOT. WII~REAS, the City Council of the City of Lake Elsinare, California, pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California (the "1972 Act"), Article XIIID of the Constitution of the State of California (°Article XIIID") and the Proposition 218 Omnibus Implementation Act (Govemment Code Section 53750 and foliowing) (the "Implementation AcY') (the 1972 Act, Article XIIID and the Implementation Act aze referred to collectively as the "Assessment Law"), did, by previous Resolution, initiate proceedings to form a special assessment district and ordered the preparation of an Assessment Engineer's Report for the levy of assessments within such proposed district, such special assessment district known and designated as CITY OF LAKE ELSINORE PARK & RECREATION MAINTENANCE DISTRICT (the "Assessment District"); and WHEREAS, at this tnne the City Council desires to declare its intention to form such Assessment District and to provide for the levy of assessments far the next ensuing fiscal year to provide far the costs and expenses necessary to pay for the maintenance of the improvements in such Assessment District; and WHEREAS, there has been presented and preliminazily approved by this City Council the Assessment Engineer's Report, as required by the Assessment Law; NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION i. The above recitals aze all true and correct. DECLARATION OF INTENTION SECTION 2. The public interest and convenience require, and it is the intention of the City Council, to order the formarion of the Assessment District and to levy and collect assessments to pay the annual costs and expenses far the construction, operation, servicing and maintenance of parks and recreation improvements and appurtenant facilities, including but not limited to, personnel, elecirical energy, utilities such as water, materials, contracting services, and other items necessary Intent Reso Spec Assess District 04-17-02 for the satisfactory operation of these services described as follows: Park and Recreation Improvements and Appurtenant Facilities, including athletic fields, playgrounds, playground equipment, public restrooms, park furniture, site amenities, and appurtenant facilities in pazks and recreation facilities within the boundazies of the City of Lake Elsinore. Landscaping and Appurtenant Facilities, including planting, sk~rubbery, trees, irrigation systems, hardscapes, fixtures, sidewalks and appurtenant facilities, in pazks and recreation facilities within the boundazy of the City of Lake Elsinore. Lighting and Appurtenant Facilities, including poles, fixhues, bulbs, conduits, equipment including guys, anchors, posts and pedestals, metering devices and appurtenant facilities as required to provide lighting in pazks and recreation facilities within the City of Lake Elsinore. BOUNDARIES OF THE ASSESSMENT DISTRICT SECTION 3. The improvements are of special benefit to the properties within the boundazies of the Assessment Dishict. The City CouncIl previously declazed the boundaries to encompass the area specially benefitted by such improvements, and for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the Office of the City Clerk and open for public inspection, and is designated by the name of this Assessment District. REPORT OF ASSESSMENT ENGINEER SECTION 4. The Assessment Engineer's Report is preliminarily approved by the City Council and is on file with the City Clerk and open for public inspection. Reference is made to such Report for a full and detailed description of the improvements to be maintained, the boundazies of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is hereby scheduled to be held in the City Council Chambers located in the Cultural Center at 183 North Main Street, Lake Elsinore, California on June 25, 2002 at 7:00 p.m. All interested persons shall be afforded the opportunity to hear and be heazd. The City Council shall consider all oral statements and all written communications made or filed by any interested persons. The City Council sha11, at the conclusion of the public hearing, also determine whether assessment ballots submitted pursuant to the Assessment Law in opposition to the proposed assessments within the maintenance district exceed assessment ballots submitted in favor of such proposed assessments. In[en[ Reso Spec Assess Distric[ 04-17-02 RIGHT TO SUBMIT ASSESSMENT BALLOT The form of the assessment ballot and the balloting procedures are approved by the City Council. Pursuant to the provisions of the Assessment Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in fauor of or in opposition to the proposed assessment, in accordance with the assessment balloting procedure on file with the City Clerk. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for, or opposition to, the proposed assessment. All such assessment ballots must be received by the City Clerk prior to the close of the public hearing concerning the proposed Assessment District on Tuesday, June 25, 2002. Assessment ballots may be mailed or personally delivered to: City Clerk City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 After 5:00 p.m. on June 25, 2002, assessment ballots may be delivered to the City Cierk only at the location of the public hearing given above. All assessment ballots must be received by the City Clerk prior to the time that the public hearing is closed. An assessment ballot which is delivered by mail with a postmark which is prior to the date and time of the public hearing but which is not received by the City Clerk until after the public hearing is closed will not be counted. At the conclusion of the public hearing, the City Council shall cause the assessment ballots timely received to be tabulated. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majorityprotest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional fmancial obligation of the affected property. NOTICE SECTION 6. The City Clerk is hereby directed to mail notice pursuant to the Assessment Law of the Public Hearing and assessment ballot proceedings and the adoption of the Resolution of Intention and of the filing of the Assessment Engineer's Report, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. The form of the notice has been generally approved. Intent Reso Spec Assess DisVict ~ 04-17-02 SECTION 7. The following staff person or his designee is designated to respond to all inquiries for any and all information relating to the proposed Assessment District and these proceeding, including the assessment ballot procedure: Mr. Mark Dennis City of Lake Elsinore 130 South Main Street Lake Elsinore, CA 92530 SECTION 8. The City Clerk of the City sha11 certify the adoption of this Resolution, and thenceforth and thereafter the same shall be in full force and effect. PASSED, APPROVED AND ADOPTED this 23'd day of April, 2002. AYES COUNCILMEMBERS: BRINLEY, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS ABSTAIN: COUNCILMEMBERS ABSENT: COUNCILMEMBERS BUCKLEY NONE HICKMAN 'e Kelley, Mayor A} fEST: I '• ' Vick; Kasad, City Clerk APPROVED AS TO FORM: ~ ` ~ '~ ~(/~ - baza Zei L ibold, City Attorney Intent Reso Spec Assess District Q 04d 7-02 STATE OF CALIFOI2NIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF TFIE 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 23'" day of April, 2002, and that it was so adopted by the foilowing vote: AYES: COUNCILMEMBERS: BRINLEY, SCHIFFNER, KELLEY NOES: COUNCILMEMBERS: BUCKLEY ABSENT: COUNCILMEMBERS: HICKMAN ABS,1'AIN: COUNCILMEMBERS: NONE ~C'~I ~"A~~i13, C1~a~I~, CITY CLERK/ Tr~TV'MAN RESOUi2CES DIRECTOR CIT~' OF LAKE ELSINORE (SEAL) STATE OF CALIFOIiNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAK~ ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2002-20 of said Council, and that the same has not been amended or repealed. May 2, 2002 C~ ~ ` ~~ ~, VYC'ISp KAS~D, CMC, CITY CLERK/ HUMAN RESOURCES DIRECTOR CITY OF LAKE ELSINORE (SEAL)