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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: -1- (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 -2- 1 Page 1 of 2 2 EXHIBIT "A" 3 DESCRIPTION OF BOUNDARIES 4 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. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 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 � Th.UnXy A NMnk...um..m x+mmN..11 n.porv6YYy 200 100 0 Feet �rw�,l.m.Y�mm�«�„Y,m.,.ON..ntl lAarm.tlan nP...rll.d m tllb nay h.W}p b�tln,modfi4.m and �� m•Y ml b mmpl.l.«.ppvprhb br W WP^....CauiN GIS 1 inch=200 feet ASSESSMENT DIAGRAM Printed by JP� n j ickeri 1/28/09 0 0 0 z PARK AVE a U ❑ 336180016 U) 11' 0.98 W } d' w O J J ❑ W O m _z 336180017 Q 0.98 V 336180019 0.81 NEWPORT RD DENOTES MAINTAINED STREETLIGHT