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HomeMy WebLinkAboutCC Reso No 1997-29RESOLUTION NO. 97-29 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ` LAKE ELSINORE CONFIRMING A DIAGRAM AND ASSESS- ME~IT AND PROVIDING FOR ANNUAL ASSESSMENT LEVY AF'~ER• FORMATION OF A DISTRICT WHEREAS, the City Councii has initiated proceedings for the annual levy of the assessments for a street ]ighting district pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Part 2 of Division 15 of the Streets and Highways Code of the State of California, in a district known and designated as CITY OF LAKE ELSINORE CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a xeport pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to levy and collect assessments for the next ensuing fiscal year relating to the above- referenced District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said annual levy of' the proposed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with said annual levy of assessments. NOW, THEREFORE, BE IT 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. SECTION 2. That upon the condusion of the Public Hearing, written protests filed, t and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable9lands within the District, and all protests are overruled and denied. SECTION 3. That this City Council hereby confirms the diagram and assessment as submitted and order the aimual levy of the assessment for the fiscal year and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. ,: SECTION 5. That the adoption of this Resolution constitutes the levy of the assessment for the fiscal year. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as setforth in Engineer's "Report", pursuant to said "I,andscaping and Lighting Act of 1972", as submitted, are hereby approved, adopted by this City Council and hereby confinned. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the, County Auditor shali enter on the County Assessment •Roll the amowit of the Assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said Coimty, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer has previously established a special fund known as the CITY OP LAKE ELSINORE CITYWIDE LAND5CAPING AND STREET LIGHTING DISTRICT , into which the City Tre~surer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. T'hat the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the Cotmty Auditor, together with a certified copy of this Resolution upon its adoption. SECTION 10. That a certified copy of the assessment and diagram~•shall be ftled in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. PASSED, APPROVED and ADOPTED this lOth ~{~y of June , 1997, by the following vote: Ay$$; COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, PAPE NOFS: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBER : N E ABSTENTIONS: CoUivCILMFM S: ONE 1 PAPE, MAY~R OF LAKE ELSINORE r ~ E~~ ~~~ . `~I~Iti KASAD, CITY LERK CITV ~JF LAKE ELSTNORE APPR VED S TO FORM: 70HN R. HARPER C TY ATTORNEY STATE OF CALIFORNIA ) COiJNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE ) I, VICHI KASAD, CITY CLERK OF THE CiTY OF LAKE ELSINORE, CALIFORNIA, DO HEREBY CER1'I~Y that the foregoing Resolution duly adopted by the City Council of the City of Lake Elsinore at an Adjourned Regular Meeting of said Council on the lOth day of June, 1997, and that it was so adopted by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINLEY, METZE, KELLEY, PAPE NOE5: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: ABSTAIN: COUNCILMEMBERS: ~~~-°~ VICIt:J F..AS "~, I,iTY CLERK CTTY OF L.Ai:.E ELSINORE (SE~+~i,~ STATE OF CALIFORNIA ) COiTNTY OF RIVERSIDE ) SS: CITY OF LAKE ELSINORE) NONE NONE NONE I, VICHI KASAD, CITY CLERK OF THE CITY OF LAKE ELSINORE, DO HEREBY CERTIFY that the above and foregoing is a full, true and correM copy of Resolution No. 97-29 of said Council, and that the same has not been amended or repealed. DATE: June 11,1997 `-~ICK~ .K;~SH'i~, CITY CLERK r7TY OF LtiY:~ ELSINORE ~:iF•AL~) . .