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09-52 RESOLUTION NO. 09-52 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING PROCEEDINGS TO CONSIDER NEW IMPROVEMENT FOR ZONE 118 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1- CONSOLIDATED OF THE CITY OF MENIFEE PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972 AND ORDERING PREPARATION OF ENGINEER'S REPORT REGARDING SAID NEW IMPROVEMENT WHEREAS, the Board of Supervisors of the County of Riverside has by the adoption of Resolution No. 2008-293 on July 1, 2008, annexed Zone 118, as shown and described in Exhibit "A", which is attached hereto and made a part hereof, of Landscaping and Lighting Maintenance District No. 89-1-Consolidated (hereinafter, respectively, "Zone 118" and "L&LMD No. 89-1-C") of the City of Menifee, State of California, pursuant to the Landscaping and Lighting Act of 1972, Part 2 (commencing with Section 22500) of Division 15 of the California Streets and Highways Code (hereinafter, respectively, the "Act" and the Streets and Highways Code"); and WHEREAS, the City Council (hereinafter the "City Council") of the City of Menifee (hereinafter the "City") has been advised by the Riverside County Transportation Department (hereinafter"Department') that said Department has received a request from the owner of the property within Zone 118 that the City Council initiate proceedings pursuant to Section 22620 et seq. of the Streets and Highways Code to allow for a new improvement to be provided by Zone 118; and WHEREAS, such proceedings shall comply with the requirements of Article XIIID of the California Constitution and Section 4000 of the Elections Code requiring voter approval of the proposed new improvement and the resulting increase in the assessment to be levied by L&LMD No. 89-1-C for Zone 118; and WHEREAS, the Applicant has executed a "Waiver and Consent Regarding Date of Assessment Ballot Election" allowing for the election to be held on April 7, 2009; and WHEREAS, the Director of the Department acting on behalf of the City, or his designee, is a licensed and registered civil engineer, has expertise with respect to the formation and annexation of territory to landscaping and lighting maintenance districts, the proceedings required to add new improvements to such a district and the levying of assessments for said purposes and, therefore, is able to serve as the engineer (hereinafter the "Engineer") acting on behalf of the City with regard to the proceedings to add a new improvement to Zone 118 of L&LMD No. 89-1-C. NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council of the City of Menifee assembled in regular session on February 17, 2009 as follows: -1- SECTION 1. RECITALS. The City Council hereby finds and determines that all the above recitals are true and correct. SECTION 2. ALLOWANCE OF NEW IMPROVEMENT The City Council proposes to initiate and conduct proceedings to allow for a new improvement for Zone 118 of ULMD No. 89-1-C pursuant to the Act and for increasing the annual assessment on all parcels within Zone 118 to pay the costs of the new improvement: (a) The maintenance and'servicing of fossil filters within the public right-of-way including the removal of petroleum hydrocarbons and other pollutants from water runoff. SECTION 3. REPORT. The Director of the Department acting on behalf of the City, or his designee, is hereby designated Engineer and is ordered to prepare and file a report with the City Clerk in accordance with Sections 22608 and 22585 et. seq. of the Streets and Highways Code and Section 4 of Article XIIID of the California. SECTION 4. EFFECTIVE DATE. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 17th day of February, 2009, by the following vote: AYES: 1 NOES:y�✓�ry� / ABSENT. ABSTAIN:--'qV ,e1 Attest: Wallace W. Edgerton, May �rULLIt Kathy Bennett, City Clerk -2- 1 Page 1 of 2 2 EXHIBIT "A" 3 DESCRIPTION OF BOUNDARIES 4 5 The boundaries of Zone 118 to be annexed into Landscaping and Lighting Maintenance 6 District No. 89-1-Consolidated, of the City of Menifee are coterminous with the 7 boundaries of APN 364-070-043 through 046 as shown on Assessment Roll in the City 8 of Menifee, County of Riverside, State of California in Fiscal Year . 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 �. .. ��.., .. lvin"m t CIVAINur- ul%'�i I KicT NU. t5y l-CONSOLIDATED ZONE 118 PORTION OF SECTION 2, T.6S., R.3W. PLOT PLAN NO. 22338 - 4 PARCELS N CITY OF MENIFEE 200 100 O Feet --y:b;, m°f.M hb,milThe Cu'"'y �-��� �YnM Ee cwnpkkmo appmpi■elrc�puTuus�CounyGS 1 inch 200 feet ASSESSMENT DIAGRAM wnm wna.no uxw��a ia�mew„n'n�,uon = Go oi�wo..Nnn...p Printed by jpicked on 1/28/09 ALBION LN ul V- W z N0 364070043 364070044 (o w 2.36 3.06 364070045 a v z 3.29 N 0 a Cn z a 2 HOLLAND RD z J Of 0 z a