RESOLUTION NO. 24-4722
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, ORDERING THE FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 31 (WILLOW SPRINGS) AND THE CONCURRENT ANNEXATION AND CONSOLIDATION OF SAID DISTRICT INTO THE MURRIETA CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; CONFIRMING THE DIAGRAM AND ASSESSMENT; AND PROVIDING FOR ANNUAL LEVY AND ASSESSMENTS COMMENCING IN FISCAL YEAR 2024/2025 WHEREAS, on November 7, 2023, pursuant to Resolution No. 23-4709, the City Council of the City of Murrieta (“City”) initiated proceedings for the formation of a landscaping and street lighting district known and designated as:
CITY OF MURRIETA
LANDSCAPING AND LIGHTING DISTRICT NO. 31
(WILLOW SPRINGS)
(“District”), to concurrently annex the District into the Murrieta Consolidated Landscaping and Lighting District (“Consolidated District”) as Zone No. 31, and to levy and collect assessments related thereto commencing in Fiscal Year 2024/2025, pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code, commencing with Section 22500 (the “1972 Act”); and WHEREAS, a preliminary Engineer’s Report has been prepared and presented to the City Council in connection with the formation of the District, the concurrent annexation of the District into the Consolidated District as Zone No. 31, and the annual levy of assessments commencing in Fiscal Year 2024/2025; and, WHEREAS, a final Engineer’s Report has been prepared and filed with the City; and, WHEREAS, notices of the assessment and assessment ballots were sent out to all property owners in the District at least 45 days prior to the hearing pursuant to Article XIIID of the California Constitution; and, WHEREAS, the City Council has duly held a public hearing regarding the formation of the District, the concurrent annexation of the District into the Consolidated District as Zone No. 31, the proposed landscaping and lighting improvements, the proposed assessments, and, upon conclusion of the public hearing, the ballots submitted in protest and not withdrawn did not represent property owners being obligated for more than fifty percent (50%) of the total assessments within the District; and, WHEREAS, the City Council has examined and reviewed the final Engineer’s Report, considered all testimony and evidence, has received all ballots cast and is desirous of proceeding with the formation of the District, the concurrent annexation of the District into the Consolidated District as Zone No. 31, and the annual levy of assessments for the District, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MURRIETA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
That the above recitals are all true and correct;
That the formation of the District, known and designated as
CITY OF MURRIETA
LANDSCAPING AND LIGHTING DISTRICT NO. 31
(WILLOW SPRINGS)
is hereby approved;
That the annexation of the District into the Murrieta Consolidated Landscape and Lighting District as Zone No. 31 is hereby approved; That the diagram and assessment, as submitted and contained in the final Engineer’s Reports, is hereby confirmed; That the formation of the District and the annual levy of assessments, beginning in the ensuing fiscal year, in the amounts set forth in the Engineer’s Report and as referred to in the Resolution of Intention, are hereby approved; That the adoption of this Resolution constitutes the levy of the assessment for the ensuing fiscal year; and That the estimates of costs of improvements, the assessment diagram, the assessments and all other matters, as set forth in Engineer's Report, pursuant to said "1972 Act," are hereby approved, adopted and confirmed; That the maintenance works and improvements contemplated by the Resolution of Intention shall be performed pursuant to law; That the County Auditor shall enter on the County Assessment Roll the amount of the assessment and that said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of the City of Murrieta; That the City Treasurer has previously established a special fund known as the
CITY OF MURRIETA
LANDSCAPING AND LIGHTING DISTRICT NO. 31
(WILLOW SPRINGS)
into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and to law, and including any surplus amounts in those funds established for the existing Districts, and said transfer shall be made and accomplished as soon as said monies have been made available to the City Treasurer; That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certified copy of this Resolution upon its adoption; and That a certified copy of the assessment and diagram shall be filed in the office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection.
PASSED AND ADOPTED this 16th day of January, 2024.
______________________________
Lori Stone, Mayor
ATTEST:
____________________________
Cristal McDonald, City Clerk
APPROVED AS TO FORM:
____________________________
Tiffany Israel, City Attorney
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )§
CITY OF MURRIETA )
I, Cristal McDonald, City Clerk of the City of Murrieta, California, do hereby certify that the foregoing Resolution No. 24-4722 was duly passed and adopted by the City Council of the City of Murrieta at the regular meeting thereof, held on the 16th day of January, 2024, and was signed by the Mayor of the said City, and that the same was passed and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Cristal McDonald, City Clerk
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Resolution No. 24-4722
Resolution No. 24-4722