09-64 RESOLUTION NO. 09-64
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE INITIATING
PROCEEDINGS FOR THE ANNEXATION OF STREET LIGHTING ZONE 92 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"Street Lighting Zone 92"), 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 Street Lighting Zone 92 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 Street
Lighting Zone 92; 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
Street Lighting Zone 92 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 Street Lighting
Zone 92 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
Street Lighting Zone 92 to pay the costs of the following services:
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(a) Providing electricity to all streetlights within the public right-of-way
including incidental costs and expenses.
SECTION 3. BOUNDARIES AND DESIGNATION. The boundaries of Street
Lighting Zone 92 that are proposed to be annexed to ULMD 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:
AYES: � ���2 c°�G _ ,,_
NOES:
ABSENT: U LUJU
ABSTAIN:
1 ,Q IA.J gw�
Wallace W. Edgerton, MYyor
Attest:
164��
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 92 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 336-180-016, 017, and 019 as shown on Assessment Roll in the
8 City of Menifee, County of Riverside, State of California in Fiscal Year 2009-10.
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LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED
STREET LIGHTING ZONE 92
PORTION OF SECTION 34, T.5S., R.3W.
PLOT PLAN NO. 22262 - 3 PARCELS
N CITY OF MENIFEE �
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DENOTES MAINTAINED STREETLIGHT