HomeMy WebLinkAboutRes 2024-050RESOLUTION NO. 2024-050
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT NO. 1 FOR FISCAL YEAR
2024/2025
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, the City Council has, by previous resolutions, initiated proceedings
and declared its intention to levy special benefit assessments against parcels of land
within Consolidated Palm Desert Landscaping and Lighting District No. 1 (hereafter
referred to as the “District”) for the fiscal year commencing July 1, 2024 and ending June
30, 2025, pursuant to the provisions of the Landscaping and Lighting Act of 1972, part 2
of division 15 of the California Streets and Highways Code, commencing with section
22500 (hereafter referred to as the “Act”), in order to pay for the costs and expenses of
operating, maintaining, and servicing landscaping, lighting, and appurtenant facilities
within the District; and
WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of
Palm Desert, and the city clerk has presented to the City Council the 2024/2025
Engineer's Report" (hereafter referred to as the "Report"), in connection with the proposed
levy and collection of special benefit assessments upon eligible parcels of land within the
District, and the City Council did, by previous resolution, approve the Report; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the District for the fiscal year commencing July 1, 2024, and ending
June 30, 2025, in order to pay for the costs and expenses of operating, maintaining, and
servicing landscaping and street lighting improvements and appurtenant facilities within
the District, and for which assessed properties receive special benefits.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. Fair Public Hearing. Following notice duly given, the City Council has
held a full and fair public hearing regarding the District, the levy and collection of
assessments, and the Report prepared in connection therewith, and has considered any
oral and written statements, protests, and communications that interested persons have
made or filed regarding these matters.
SECTION 3. City Council Findings. Based upon its review, and amendments, as
applicable, of the Report, a copy of which has been presented to the City Council and
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Resolution No. 2024-050 Page 2
filed with the city clerk, the City Council hereby finds and determines that:
A. The land within the District will receive special benefits by the operations,
maintenance, and servicing of landscaping, lighting, and appurtenant facilities within the
boundaries of the District.
B. The District includes all of the lands that will receive special benefits.
C. The net amount to be assessed upon the lands within the District is in
accordance with and apportioned by a formula and a method that fairly distribute the net
amount among eligible parcels, in proportion to the special benefits that each parcel will
receive from the improvements and services for the fiscal year commencing July 1, 2024,
and ending June 30, 2025.
SECTION 4. Confirmation of Report, Diagram, and Assessment. The Report,
diagram, and the assessment, as presented to the City Council, and as on file with the
Office of the City Clerk, comply with the applicable provisions of California State
Constitution article XIII D and are hereby confirmed as filed.
SECTION 5. Improvements Ordered. The maintenance, operation, and servicing
of the improvements and appurtenant facilities will be performed, pursuant to the Act. The
City Council hereby orders the proposed improvements to be made. These improvements
are briefly described as the installation, maintenance, operation, administration, and
servicing of the landscaping and lighting improvements, including turf, ground cover,
shrubs, and trees, irrigation systems, street lighting, water features, ornamental lighting,
entry monuments, drainage systems and all appurtenant facilities related thereto.
SECTION 6. County Collection of Levy. The County Auditor/Controller of
Riverside County (hereafter referred to as the “County”) will enter on the County
Assessment Roll, opposite each eligible parcel of land, the amount of the levy. The levy
will be collected at the same time and in the same manner as County taxes are collected.
After the County collects the levy, the net amount of the levy will be paid to the Treasurer
of the City of Palm Desert.
SECTION 7. Restricted Use of Assessment Money. The City Treasurer will
deposit all money representing assessments that the County has collected for the District,
into a District fund. This money will be expended only for the maintenance, operation, and
servicing of the landscaping, lighting, and appurtenant facilities that are described in
Section 5.
SECTION 8. Adoption of District Levy. The adoption of this resolution constitutes
the District levy for the fiscal year commencing July 1, 2024, and ending June 30, 2025.
SECTION 9. Direction to City Clerk. The city clerk, or his or her designate, is
hereby authorized and directed to file the levy with the county auditor/controller upon
adoption of this resolution.
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Resolution No. 2024-050 Page 3
ADOPTED ON JUNE 27, 2024.
KARINA QUINTANILLA
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that Resolution No. 2024-050 is a full, true, and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Desert on June 27, 2024, by the following vote:
AYES: HARNIK, KELLY, NESTANDE, TRUBEE, AND QUINTANILLANOES: NONEABSENT: NONEABSTAIN: NONERECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Desert, California, on ___________________.
ANTHONY J. MEJIACITY CLERK
DocuSign Envelope ID: CB592957-4690-4B57-883B-65C8F3546C48
6/28/2024