HomeMy WebLinkAboutCC RES 88-035• C?��; � • i:
A RESOLUTION OF TE� CITY C�LJNCIL OF 'I'f-IE CITY OF
PALM DESERT, CALIFl7RNIA, DECL�ARING INTII�TI01�1 TO
ORDER ATIIVFXATION NO. 1 TO CITY OF PALM DESERT
LANI)SCAPZNG AIm LIGHTING DISTRIGT NO. 2 DECI:ARII�G
Tf� WORK TO BE MORE TEiAN LCX',AL OR ORDINARY PUBLIC
BENEFIT; SPECIFYING TI-IE EXTERIOR BOi1NDARIES OF
TI-iE ARFA TO BE ANNE}�, AND TO BE ASSESSID 'I'F�
OOST AI�ID E}�ENSE `I'��RDOF; DESICTIATING SAID AREA
AS A PORTION OF CITY OF PALM DESERT L,ANDSCAPING
AND LIGHTING DISTRICT NO. 2; DET'ERMINING TiiAT
Tf-IESE PROCEmZNGS SHALL BE TAf�V PURSUANT TO `I'f-IE
LANDSCAPING AND LIGHTING ACT OF 1972; AND
OFFERING A TIN1E AI�ID PLACE FUR HFARING OBJECTIONS
TI-IEREPO.
WE�RE'AS, the City Council of the City of Palm Desert, California,
(this "City CoLu�cil") has received a written request for annexation of Tracts
11636-2, 11636-3, II636-4, and 11b36-5 to City of Palm Desert Landscaping and
Lighting District No. 2 pursuant to the Landscaping and Lighting Act of 1972
(California Streets and Highways Code Sectian 22500 et s�..) and this City
Caarr�cil has agreed to initiate proceedings to oa�lete such annexation.
Wf-iERF.,AS, this City Co�uicil wishes to order Annexation No. 1 to City
of Palm Desert Landscaping and Lighting District No. 2 pursuant to Article 2 of
teh Landscaping and Lighting Act of 1972 (Streets and Highways Code Sectian
22500 et �.) and levy and oollect annual assessme�lts withisz the area so
annexed.
WI�FAS, the �gineer of Work has prepared and filed with the City
Clerk a report ao�ntauiing the matters specified in Section 22567, et �. , of
the California Streets and Highways Code.
WHEREAS, this City Council has read, reviewed and approved the
Engineer of Work Report as filed.
WI�RE'.AS, the public interest and convenience require the maintenance,
servicing and operation of lanr,�scapi.ng and appurtenant facilities within that
area designated Annexation No. 1 to City of Palm Desert Landscaping and
Lighting Maintenance District No. 2.
IVOW, THEREFI�RE, BE IT RESOLVED by the City Council of the City of
Palm Desert, California:
SECTION 1: That this City Council hereby declares its intention to
levy and collect special assessments within the boundaries of Annexation No. 1
ta City of Palm Desert Lighting and Landscaping District No. 2("District") for
fiscal year 1988-1989 pursuant to the Landscaping and Lighting Act of 1972 to
pay the aosts of ordinary and usual maintenance, operating and servicing
certain public lighting and landscaping withiri roadway right-of-way and public
utility easements within the incozporated boundaries of the City of Palm Desert
as they existed on May 1, 1988, more particularly described on a map which is
i: a. � . I � �� :_:
on file in the City Clerk's office entitled "Proposed Boundaries of Annexation
No. 1 to City of Palm Desert Landscaping and Lighting District No. 2."
SECTION 2: That the existu�g ir�rovgnents oon.sist generally of
public lighting facilities and i�roved park areas and parkways and this City
Council does not aontemplate any pro�osed new public lighting and landscaping
impravements to be installed by either City or petitioning landaFmexs.
SECTION 3: That the mainter�zce proposed to be perfornied cansists of
the fuzzzishing of the ordinary and usual maintenance, operatian and seivicing
of certain public park areas and parkways and public lighting and lacx�caping
facilities, includiixJ:
( a) Repair, removal, or replac�xnent of all or any part of the
ir�rovements thex'eon;
(b) Providing for the life, growth, health and beauty of the
landscapir�g thereaZ, including cultivation, irrigation, trimning, spraying,
fertilizirx3 or treating for disease or injury; and
(c) The removal of triirming, n.ibbish, debris and other solid waste.
( d) Street light ixLstallatian and ma.intenarx�,e.
(e) Required electrical maintenance and replacernent.
SECTION 4: That sane portions of the conter�lated work, in the
opinirn of this City Crn.�cil, is of m�re than local or ordinaLy public benefit,
and this City Caurycil hereby makes thirty-three and one-third percent (33 1/3$)
of the expense of the said work chargeable upon properties within the
boundaries of the District, as amerxied, which area shall be assessed to pay the
oosts and exper�es thereof .
SECPIOIV 5: That this City Ck7uncil hereby firxts arld determines t�hat
sixty-six and two thirds perceizt ( 66 2/3$ ) is of general or ordiriary bPnefit
and hereby agrees to annually contribute to the i�rovement fund from available
and furids of the City, 66 2/3� of the annual costs and experLses of
said work. This City Council hereby further find.s and declares that the
increases in the ar�nual costs and exper�.ses of such wc�rk shall thereafter be
equal to or less than annual increases in the City's cost of operating and
maintaini � all City recreational and park facilities.
SECTION 6: That this City Council hereby finds and determines that
Landscaping and Lighting Distrir�t No. 2 shall be initially subject to
assessment for ryo mQre than one hundred dollars (5100.00) per parcel for the
costs and experLses of providing for the improvement, servicing and maintenance
of such landscaping and lighting facilities. It is further found and
determined that oanner�cing in 1989, and each year thereafter in which the
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RE'SOLUrION ND. 88-35
Cons�mier Price Index, All Urban Cons�ners, Los Angeles - Long Beach - Anaheim
(Base 1967) is published by the Bureau of Labor Statistics of the United States
of the United States Departrnent of Labor, and shaws a rise in the cost of
livirig aver the level of such cost of living index in April 1988, such
assessment shall be increased by no more than such percentage as is
proportional to the rise in such index fran its level in April 1988, to its
level for April of such later year.
SECTZON 7: Reference is hereby made to the F�zgineer's Report on file
with the Clerk for a full and detailed descriptian of the existing i�rovgr�ents
arld maintenance, the bauzdaries of the area pr�posed to be anne.xed to the
District, and the pxoposed assessnents upon assessable lots and parcels of land
within the District.
SDCTION 8: That this City Cauicil has approved the report of the
F�r�giiaeer of Work which report indicates the amonult of the prnpoc.�ed assessment,
the District ba.mdaiy, assessnent zones, detailed descriptian of i,c�raven�ents,
and the method of assessment. The report titled "City of Palm Desert
IIzgineer's Report, for the Levy of 1988-89 Fiscal Year Annual Assessments and
Annexation No. 1 to Landscaping and Lighting District No. 2" is � file in the
office of the City Clerk. Reference to said report is hereby made for all
particulars for the am�unt and extent of the assessnents and for the extent of
the wr�rk.
SECTION 9: The assessment shall be collected at the same t�me in the
same manner as taxes for the County of Riverside are collected. The �gineer
of Work shall file a report annually with this City Council of said District
and this City Co�uzcil will annually conduct a hearing upon said report at their
first regular meeting in June, at which time assessnents for the next year will
be deternLi.t�ed.
SF.GTION 10: Notice is hereby given that June 9, 1988 at 7:00 p.m. ,
in the City Council ctiamber of the City Council of the City of Palm Desert,
California, 73-510 i�7ed Waring Drive, Palm Desert, California, are hereby f�ed
as the time and place for a hearirlg by this City Council on the question of
Annexation No. 1 to the District and the levying and collection of the proposed
special assessnents for fiscal year 1988-1989, and that any interested persons
may file a written protest with the City Clerk prior to the conclusion of the
hearing, which protest must state all grounds of objection and describe the
property within the boundaries of the District, as proposed to be amended,
c�med by tt�n.
SECTION 11: The Clerk shall give notice of the hearing as follaws:
(a) The Clerk shall cause this resolution of intention to be
published once a week for two (2) successive weeks as required by Section 22626
and Section 22552 of the Califorzu a Streets and Highc•,ays Code. The Palm Desert
Post is hereby designated as ttze newspaper in which the Clerk shall publish
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this resolution of intentian. Upon cattpletion of giving mtice, the Clerk is
further directed to file in her office a proof of publication setting forth
car�liance with the requir�nents for publishirx3.
(b) At least twenty (20) days before the date set for hearing af
protests, the City Clerk shall mail, postage prepaid, a copy of this resalution
of intention to all person_s aaczing real property proposed to be annexed to the
District and thereafter assessed whose names and addresses appear on the last
equalized assessment roll for t�es of the County of Riverside or who are }ax�m
to the City Clerk. Upori the cat�letian of the maili.rig of said mtices, the
Clerk shall file in her office an affidavit setting forth the titne and manner
of the cai�liance with the requirements of this resolution for publishuzg and
mailing notices.
SFjG'I'ION 12: That this City Council does hereby designate Racnon A.
Diaz, Assistant City Manager/Director of Ccnrrnmity Development, telepix�ne
ntunber (619) 34b-0611, as the person to answer inquiries regarding this
annexation to the District and the levyirig and collection of the proposed
special assessments for fiscal year 1988-1989.
PASSID, APPROVID, and ADOPrPID by the City Cotiuzcil of the City of Palm
Desert, California, on this 14th day of ril, 1988, by the follaw.irig wte, to
wit:
AYES: CRITES, I�LLY, SNYDER, WILSON, BENSON
f�,� _ ��� a
ABSEI�IT: I�NE
ABSTAIN: NONE
ATTEST :
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SHEILA R. GILLIGAN, City C1erk
City of Palm Desert, California
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