HomeMy WebLinkAboutCC Reso No 1993-20RESOLUTION NO. 93-20
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LAKE ELSINORE 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 CALIFORNIA, AND
SETTING A TIlVIE AND PLACE FOR THE PUBLIC
MEETING AND PUBLIC HEARING THEREON
WHEREAS, the CITY COUNCIL 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 California, in that is known and designated as
CITY OF LAKE ELSINORE
CITYWIDE LANDSCAPING AND STREET LIGHTING DISTRICT
(hereinafter referred to as the "District"); and,
WHERF,.'~S, at this time, this City Council is desirous to take proceedings to provide
for the annual levy of assessments for the next ensuing fiscal yeaz, to provide for the costs and
expenses necessary for continual maintenance of improvements 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 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 aze 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 annual levy and collection of special
assessments for the continual maintenance of certain improvements, all to serve and benefit said
District as said azea 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 herein 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 hereof.
REPORT
SECTION 3. That the "Report" of the Engineer regarding the annual levy for said
District, which "Report" is for maintenance for the fiscal year 1993-1994, is hereby approved
and is directed to be filed in the Office of the 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 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
"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
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work is, in the opinion of this City
Council, 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 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 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 Sheets and Highways Code of the State
of California, which are 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 8TH DAY OF
JUNE, 1993, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING
OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TIME AND
PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR
OBJECTIONS IN REFERENCE TO TAE ANNUAL LEVY 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 ANNUAL LEVY SHOULD
FILE A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND
NOTICE
SECTION 11. That the City Clerk is hereby authorized and directed to publish,
I
pursuant to Government Code Section 6066, a copy of this Resolution in the Lake Elsinore Sun
Tribune, newspaper of general circulation within said City, said publication shall be not less than
ten (10) days before the date set for said Public Hearing.
SECTION 12. Should the Engineer's Report contemplate an increase in the rate of
assessment over the prior fiscal yeaz, the City Clerk is further directed to give mailed notice,
first class postage prepaid, to each affected property owner within the District of the Public
Heazing, not less than forty-five (45) days in advance of the public meeting.
SECTION 13. That the City Clerk is further directed to cause a copy of the Resolution
of Intention to be posted upon the official bulletin boazd customarily used for the posting of
notices.
EFFECTIVE DATE
SECTION 14. That this Resolution shall take effect immediately upon its adoption.
PROCEEDINGS INQUIIiIE5
SECTION 15. For any and all information relating to the proceedings, protest procedure,
any documentation and/or information of a procedural or technical nature, your attention is
directed to the below listed person at the local agency or department so designated:
Frank Tecca
Public Services Director
City of Lake Elsinore
130 South Main Street
Lake Elsinore, CA 92530
(714) 674-3124
PASSED, APPROVED AND ADOPTED this 27th day of April 1993, by the
following vote:
AYES:
NOES;
ABSENT:
ABSTENTIONS:
COUNCILMEMBERS: ALONGI, CHERVENY, DOMINGUEZ, WINKLER, WASHBURN
COUNCILMEMBERS: NONE n
COUNCILMEMBERS
COUNCILMEMBERS
A TEST:
ICKI KASAD, CITY CLERK
NONE /
NONE ~ ~ J~~/~ %/
GARY M. WP~IBURN; MAYOR "
APPROVED AS TO FORM & LEGALITY