09-60 RESOLUTION NO. 09-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF ZONE 129 TO 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
ANNEXATION
WHEREAS, the City Council (hereinafter the "City Council") of the City of
Menifee (hereinafter the "City") has been advised by the Transportation Department
(hereinafter"Department') of the County of Riverside that said Department has received
an application from the owner (the "Applicant') of all the property within the incorporated
area of the City (hereinafter"Zone 129"), as shown and described in Exhibit "A", which is
attached hereto and made a part hereof, to be annexed to Landscaping and Lighting
Maintenance District No. 89-1-Consolidated (hereinafter"L&LMD No. 89-1-C") of the
City of Menifee, County of Riverside, State of California, and the City Council has
determined that it is necessary and desirable to initiate proceedings for the annexation of
Zone 129 to L&LMD No. 89-1-C pursuant to the Landscaping and Lighting Act of 1972,
Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways
Code (hereinafter, respectively, the "Act' and the "Street and Highways Code"); 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 assessment to be levied by L&LMD No. 89-1-C for Zone 129;
and
WHEREAS, the Applicant has executed a "Waiver and Consent Regarding Date
of Assessment Ballot Election" allowing for the election to be held on June 16, 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
annexation of territory to landscaping and lighting maintenance districts 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 annexation of
Zone 129 to 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
April 21, 2009 as follows:
SECTION 1. RECITALS. The City Council hereby finds and determines that all
the above recitals are true and correct.
SECTION 2. ANNEXATION. The City Council proposes to annex Zone 129 to
L&LMD No. 89-1-C and to initiate and conduct proceedings therefore pursuant to the Act
for the purpose of levying an annual assessment on all parcels within Zone 129 to pay
the costs of the following services:
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(a) Providing electricity to and the maintenance and servicing of traffic
signals within the public right-of-way including incidental costs and
expenses.
SECTION 3. BOUNDARIES AND DESIGNATION. The boundaries of Zone 129
that are proposed to be annexed to L&LMD No. 89-1-C shall include all of the property
as shown and described in Exhibit "A".
SECTION 4. 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 MID of the California Constitution
regarding said annexation and the levy.
SECTION 5. EFFECTIVE DATE. This Resolution shall take effect from and after
its date of adoption.
PASSED, APPROVED AND ADOPTED this 21St day of April, 2009, by the
following vote:
n
AYES:
NOES: 1,
ABSENT:
ABSTAIN: VVlL
Wallace W. Edgerton, Mayor
Attest:
9—"UW-
Kathy
Bennett, City Clerk
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1 Page 1 of 2
2 EXHIBIT "A"
3 DESCRIPTION OF BOUNDARIES
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5 The boundaries of Zone 129 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 lots 1 through 122 as shown on Tract Map No. 31582 and lots 1 through
8 147 as shown on Tract Map No. 3158271 in the City of Menifee, County of Riverside,
9 State of California for fiscal year 2009-10.
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
ZONE 129
PORTION OF SECTION 25, T.5S., R.3W.
TRACT MAP NOS. 31582 & 31582-1 - 269 PARCELS
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DENOTES MAINTAINED TRAFFIC SIGNAL