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Home My WebLink AboutCC Reso No 2001-17RESOLUTION NO. 2001-17 A RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTENANCE IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNLA, AND SETTING A TIME AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING THEREON WHEREAS, the CITY COiJNCIL of the CITY OF LAKE ELSINORE, CALIFORNIA, has previously formed a street lighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of Ca(ifornia, in that is known and designated as CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "DistricY'); and WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of those improvements exempt pursuant to California Constitution Article XIII D within said District; and WHEREAS, at this time there has been presented and approved by this City Council, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NOW, THEREFORE, BE TT RESOLVED that the City Council of the City of Lake Elsinore, does hereby resolve, determine and order as follows: SECTION 1: That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council, to undertake proceedings for the annexation of additional territory and for the annual levy and collection of special assessments for the continua( maintenance of certain improvements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and therein so referenced and made a part hereof, and proposed changes thereto aze set forth in the "Report" of the Engineer, incorporated herein as a part of. REPORT SECTION 3. That the "Report" of the Engineer regarding the annexation of additional Territory and the annual levy for said District, which "Report" is for maintenance for the fiscal year 2001-02 is hereby approved and is directed to be filed in the Office ofthe City Clerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Council to order the annual assessment levy for the District as set forth and described in said Engineer's "Report" and further it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expense of said maintenance and improvement as estimated in said "Report". DESCRIPTION OF MAINTENANCE SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting and landscaping improvements, as set forth in the Engineer's "Report", referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes aze collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the county for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a special fund known as "SPECIAL FUND, CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT". Payment shall be made out of said fund only for the purpose provided for in this Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION S. Said contemplated maintenance work has been determined previously, in the opinion of this City Council, to be exempt from the provisions of California Constitution Article XIII D, and fixrther of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chazgeable upon a District, which district said City Counci( hereby declazes to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every pazcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code of the State of California, which aze included within the boundaries of the District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said improvement and maintenance work. PUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 24~ DAY OF NLY, 2001 AT THE HOUR OF 7:00 O'CLOCK P.M. IN THE CITY COLTNCIL CHAMBERS LOCATED AT 183 NORTH MAINS STREET, LAKE ELSINORE, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNLJAL LEVEY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION BY THOSE PROPERTY OWNERS AFFECTED HEREBY. ANY PERSONS WHO WISH TO OBJECT TO THE PROCEEDINGS FOR THE ANNiJAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6061, a notice of the Public Heazing in the Lake Elsinore Valley Sun Tribune, a newspaper of general circulation within said City, said initial publication to be not less than ten (10) days before the date set for said Public Hearing. Said notice shall included that information required pursuant to Government Code Section 54954.6(2). SECTION 12. That the City Clerk is further directed to cause a copy of the Resolution of Intention and said notice to be posted upon the official bulleting boazd customarily used for the posting of notices. EFFECTIVE DATE SECTION 13. That this Resolution shall take effect immediately upon its adoption. SECTION 14. For any and all information re(ating to the proceedings, protest procedure, any documentation and/or information of a procedural or technical nature, you attention is directed to the below listed person at the local agency or department so designated: Bob Boone, Director of Administrative Services CITY OF LAKE ELSINORE, CITY HALL 130 South Main Street LAKE ELSINORE, CA 92530 PASSED, APPROVED AND ADOPTED this 26~' day of June 2001, by the following vote: AYES: COUNCILMEMBERS BRINLEY, KELLEY, PAPE, SCHIFFNER NOES: COIJNCILMEMBERS NONE ABSENT: COiTNCILMEMBERS METZE ABSTAIN: COiTNCILMEMBERS NONE ~~~?~_'?~ ~ , - ROBERT SCHIFFNER, M R ATTEST: ~ ~~ ~~~ vT~KI K~iSAD, :,ITY CLERK APP'F,I~~~TJ AS TO FORM" ~ ARBARA LEIBOLD, CITY ATTORNEY STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE 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 26th day of June, 2001, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: BRINLEY, KELLEY, PAPE, SCHIFFNER NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: METZE ABSTAIN: COUNCILMEMBERS: NONE ( ~1 ~~ ~~ VICKT KASAD, CMC, CITY CLERK CI'i I' OT L_4KE ELSINORE (SEAL) STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 2001-17 of said Council, and that the same has not been amended or repealed. IDATE: July 9, 2001 ~ ~, ~ ~C~~ A , Cl'~'IC, CITY CLERK i:ITY OF LAKE ELSINORE (S~AI.)