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10-179 RESOLUTION NO. 10-179 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE ORDERING THE ANNEXATION OF ZONE 133 TO LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED OF THE CITY OF MENIFEE AND CONFIRMING THE DIAGRAM AND ASSESSMENT FOR ZONE 133 OF LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED AND LEVYING ASSESSMENTS ON ALL ASSESSABLE LOTS AND PARCELS OF LAND THEREIN FOR THE FISCAL YEAR 2011-12; AND AUTHORIZE THE COUNTY OF RIVERSIDE TO ADMINISTER THE LANDSCAPING AND LIGHTING MAINTENANCE DISTRICT NO. 89-1-CONSOLIDATED BUDGET FOR FISCAL YEAR 2011-12 WHEREAS, on September 7, 2010 the City Council (hereinafter the "City Council") of the City of Menifee (hereinafter the "City") adopted Resolution No. 10-171, pursuant to Section 22608 and Section 22585 et seq. of the Streets and Highways Code, declaring the intention of the City Council to order the annexation of Zone 133 to Landscaping and Lighting Maintenance District No. 89-1-Consolidated (hereinafter"L&LMD No. 89-1-C") of the City pursuant to the Landscaping and Lighting Act of 1972, being Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, and giving notice of and setting a public hearing for 7:00 p.m. on November 3, 2010 at the meeting room of the City Council and requiring that the notice of the public hearing and assessment ballots be mailed to all owners of property within Zone 133 as shown on the equalized tax roll; and WHEREAS, notice of said public hearing was duly published and mailed as required by Resolution No. 10-171, Section 22626 of the Streets and Highways Code and Sections 53753 and 54954.6 of the Government Code and the assessment ballots were timely mailed to all owners of property within said Zone 133 as shown on the equalized tax roll; and WHEREAS, at 7:00 p.m. on November 3, 2010, as set forth in Resolution No. 10-171, the City Council held a public hearing and afforded all interested persons an opportunity to be heard, and considered all oral statements and all written protest or communications made or filed by any interested persons, closed the public hearing and directed the County of Riverside Director of Transportation, or his designee, as an impartial person having no vested interest in the annexation of Zone 133 to L&LMD No. 89-1-C as required by Section 53753(e) of the Government Code to tally the assessment ballots that had been received prior to the close of the public hearing; and WHEREAS, the tally of the assessment ballots show that assessment ballots were timely received from the owners of 511 parcels out of a possible 511 parcels and that 511 parcels (100 percent of the assessment ballots received) voted in favor of annexation of Zone 133 to L&LMD No. 89-1-C and the levy of an annual assessment in said Zone 133 beginning fiscal year 2011-12; and WHEREAS, the City Council may proceed, pursuant to Section 22631 of the Streets and Highways Code, to adopt a resolution confirming the diagram and assessment, either as originally proposed, or as changed by the City Council, and the adoption of such a resolution shall constitute the levy of an assessment on all assessable lots and parcels of land within Zone 133 of L&LMD No. 89-1-C beginning fiscal year 2011-12. 1 Resolution No. 10-179 L&LMD No. 89-1-C Zone 133 NOW, THEREFORE, BE IT RESOLVED, FOUND, DETERMINED AND ORDERED by the City Council in regular session on December 7, 2010 as follows: SECTION 1. FINDINGS: The City Council finds: (a) the proceeding recitals are correct; (b) compliance has been had with all the requirements of the Landscaping and Lighting Act of 1972, being Part 2 (commencing with Section 22500) of Division 15 of the Streets and Highways Code, and Sections 53753 and 54954.6 of the Government Code; (c) a majority protest to the annexation of and annual assessment of Zone 133 of L&LMD No. 89-1-C has not been filed; (d) the tally of the assessment ballots timely received was 100 percent voted in favor of the annexation of Zone 133 to L&LMD No. 89-1-C and the levy of an annual assessment beginning fiscal year 2011-12, and 0 percent voted no; (e) the City Council may proceed to adopt a resolution ordering the annexation of Zone 133 to L&LMD No. 89-1-C; (f) the City Council may proceed to adopt a resolution confirming the diagram and assessment for Zone 133 of L&LMD No. 89-1-C either as originally proposed or as changed by it; and (g) the assessments to be levied on the assessable lots and parcels of land within Zone 133 of L&LMD No. 89-1-C for the installation, maintenance and servicing of landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and graffiti abatement improvements in said Zone 133 during the fiscal year 2011-12 as contained in the report of the County of Riverside Director of Transportation which is on file with the City Clerk (hereinafter the "Report") are based on benefits derived by such lots and parcels from the availability of such landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and graffiti abatement improvements, and are not based upon the ownership of such lots and parcels. SECTION 2. ANNEXATION: Zone 133, as proposed to be annexed to L&LMD No. 89-1-C, includes all the property subject to Tract Map Nos. 30142, 30142-1 and 30142-2 in the City of Menifee, County of Riverside, State of California as described in Exhibit "A" attached hereto, shall be and is annexed into L&LMD No. 89-1-C. SECTION 3. IMPROVEMENTS: The improvements authorized for Zone 133 of L&LMD No. 89-1-C are: (a) The maintenance and servicing of landscaping and multi-purpose trails within the public right-of-way including the trimming, fertilizing, weeding and replanting of trees, shrubs, grass, and other ornamental vegetation; and (b) The maintenance and servicing of irrigation and electrical facilities associated with the landscaping, and bio-swales, including but not limited to electricity for operation of the irrigation system and water for irrigation ; and (c) Providing graffiti abatement services to walls and structures with the public right-of-way including incidental costs and expenses; and 2 Resolution No. 10-179 ULMD No. 89-1-C Zone 133 (d) Providing electricity to and the maintenance and servicing of traffic signals within the public right-of-way including incidental costs and expenses; and (e) Providing electricity to all streetlights within the public right-of-way including incidental costs and expenses. SECTION 4. CONFIRMATION OF REPORT: The Report and the assessment diagram and the assessment of estimated costs for the installation, maintenance and servicing of landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and graffiti abatement improvements in Zone 133 of L&LMD No. 89-1-C for fiscal year 2011-12 as contained in the Report are confirmed. SECTION 5. LEVY OF ASSESSMENT: Pursuant to Section 22631 of the Streets and Highways Code the adoption of this resolution constitutes the levy of the assessment for the installation, maintenance and servicing of landscaping, multi-purpose trail, fencing, bio-swale, streetlight, traffic signal, and graffiti abatement improvements in Zone 133 of L&LMD No. 89-1-C during fiscal year 2011-12, as contained in the Report, and such assessment is levied. The City Clerk is directed to file a certified copy of this resolution, together with the diagram and assessment contained in the Report with the County Auditor-Controller of the County of Riverside, who, pursuant to Section 22645 of the Streets and Highways Code, shall enter on the County Tax Roll opposite each lot or parcel of land the amount assessed thereupon, as shown in said assessment. SECTION 6. AUTHORIZATION: The City Council authorizes the County to act as the City's agent to administer the revenue/expenditures and budget for L&LMD No. 89-1-C for fiscal year 2011-12. SECTION 7. EFFECTIVE DATE. This Resolution shall take effect from and after its date of adoption. PASSED, APPROVED AND ADOPTED this 7'" day of December, 2010, by the following vote: r Wallace W. Edgerton, Mayor Attest: Approved as to (form'. j� W 7eW Kathy Bennett, City Clerk Karen Feld, City Attorney 3