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Home My WebLink AboutCC Reso No 1996-28RCSOLUTION NO. 96-28 A RESOLUTION OT THE CITY COUNCIL DECLARING ITS INTENTION 'CO PROVID~ FOR THE ANNEXATION OF ADDITIONAL 1'ERRI'CORY AND P'OR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS i'OR CERTAIN MAIN- TGNANCE IN AN ~XISTING DISTRICT, PURSUANT TO THC PROVISIONS OF DECISION 15, PART 2 OF THE S'CRCGTS AND HIGHWAYS CODE OF THE STATE OF CALIP'ORNIA, AND SETTING A T[M~ AND PLACE FOR THE PUBLIC MEETING AND PUBLIC HEARING TIIEREON WH~REAS, the CITY COUNCIL of the CITY OP 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 California, in that is known and designated as CITY OP' LAKE ELSINORE CITYWIDG LANDSCAPING AND STREET LIGHTING DISTRICT (hereinafter referred to as the "DistricC'); and, WH~RCAS, at this time, this City Coimcil is desirous to take proceedings to provide for the annual levy ofi assessments for the nex[ ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREA5, by petition representing 100% of the property owners oY a portion of the property to be annexed, said property owners have requested annexation to said District, as a condition of development and have waived mailed notice of Public Hearing; 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 annuallevy. NOW, TI-IEREFORE, BC I'P R~SOLV~D that tlie City Council of the City of Lake Elsinore does hereby resolve, detennine and order as follows: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the puUlic interest and convenience requires, and it is the intention of this City Cotmcil, to undertake proceedings for the annexation of additional territory and for the annual levy and collection of special assessments for the continual 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 tliis City Council and on file in the Office of the City Clerk, open to public inspection, ancl herein so referenced and made a part hereof, and proposed changes thereto are set forth in d~e °Report" of the Engineer, incorporated herein as a part i ~ hereof. 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 1996-1997,is hereby approved and is directed to be filed in the Office of the City Clerk. ASS~SSMENT 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 detennined 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." D~SCRIPTION OF MAINTGNANCE 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 G. The County Auditor shall enter on the Coimty Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are 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 "SP~CIAL i'UND, CITY OF LAICE ELSINORE CITYWIllE LANDSCAI'ING AND STREET LIGHTWG DISTRICT" s Payment shall Ue 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 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefi[ to [he properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefitted by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel 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 DistricL PUBLIC PROPERTY SECTION 9. Any lots ar parcels of land known as public property, as the same are defined in Section 22663 of Division I5, Part 2 of the Streets and Highways Code of the State of California, which are induded 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 MECTING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 9TA DAY OF ._ _ _ NLY, 1996, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE COUNCIL CHAMBERS LOCATED AT 183 NORTH ~~IAIN STREET, LAKE ELSINORE, CALIFORNIA, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE PUBLIC MEETING. PUBLIC I-I~ARING S~CTION 11. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 23rd DAY OF JULY, 1996, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE CITY COUNCIL CHAMBERS LOCATGD AT 183 NoxTx MAIN STREET, LAKE ELSINORE, CALIFORNIA, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNEXATION OF ADDITIONAL TERRITORY, THE ANNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MA[NTENANCE, 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 ANNUAL LEVY SHOULD FIL~ A WRITTGN PRO"I'LST Wt'1'H THG CI"1'Y CLLRK PRIOR TO 1'HE TIMG SET AND SCHEDULED FOR SAID PUBLIC HEAR]NG. NOTICE S~CTION 12. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6063, a notice of the Public Meeting and Public Hearing in the Lake Elsinore Valley Sun Tribune, a newspaper of general circulation within said City, said initial publication to be not less than ten (l0) days before the date set for said Public Meeting and not less than forty-five (45) daysprior to the date set for the Public Hearing. Said notice shall include that infonnation requirecl pursuant to Government Code Section 54954.6(2) SECTION 13. "I'hat the City Clerk is further directed to cause a copy of the Resolution of Intention and said notice to be posted upon the official bulletin board customarily used for the posting of notices. EP'rECTIVG DATE SECTION 14. Tha[ diis Resolution shall take effect immediately upon its adoption. PROCEEDINGS INOUIRIES SECTION 15. For any and all infonnation relating ro the proceedings, protest procedure, any documentation and/or information of a pirocedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Bob Boone, Director of Pinance CITY OF LAKE ~LSINORE, CITY HALL 130 South Main Street LAKE ELSINORE, CA 92530 PASSED, APPROVGD AND ADOPT~D this Z$th day of MaY , 1996, by the following vote: AYES: COUNCILMEMBERS: ALONGI, BRINL , KELLEY, METZE, PAPE NOES: ABSENT: ABSTENTIONS: COUNCILMEMBERS: COUNCILMEMBERS: COUNCILMEMBERS: NONE NONE NONE ~ ~ ~ / OF LAKE ELSINORE ATTEST: ~~1,`~ ~. ~ ~ ~~~_~ CITY i;LERK ~ITY Or LA.KE ELSINORE APPROVED AS 1'O FORM: ~~~ ~ ~ CITY ATTORNEY STATE OF CALIF~~IA ~ SS: COUNTY OF RIVERSIDE ~ CITY OF LAKE ELSINORE 1 I, VICKI KASAD~ CITY CLERK OF THE CITY OF LAKE ELSINORE, 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 28th day of May, 1996, an~ that it was so adopted by the following vote: COUNCILMEMBERS: ALONGI, BRINLEY, KELLEY, METZE, AYES: PAPE NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE A.BSTAIN: COUNCILMEMBERS: NONE ~ < ,~~ ``J( i,~-~/'_' CI CLERK ~~~'"" ' ~~j~ , INORE ~I'PY U.r' LAKE ELS (SF'AL? STATE OF CALIFORNIA ~ SS: C~TyTpg LAKE ELSINORE ) I, VICKI KASA1~~ 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. 96-28 of said Council, and that the same has not been amended or repealed. DATED: June 3, 1996 ~ - i' 1 ~~ ~ CITY CLERK V CiCZ t~ASAD, CITX OF LAKE EL~SINORE (SEAL)