HomeMy WebLinkAboutCC RES 88-036� .�i►i; . / _ � � • i ii��l��
A RESOLLTTION OF TFiE CITY (�LJNCIL OF Tf� CITY OF
PALM DESERT, CALIFC�RNIA, DECLARII�IG INTENTION TO
LE.UY AND �LLEGT ASSE5SMENTS FOR FISCAL YEAR
1988-89 IN THE CITY OF PALM DESERT LANDSCAPING
AI�ID LIC�-iTIIJG DZSTRICT N0. 2, DEQ,ARING TI-� WORK
TO BE MORE THAN OF LOCAL OR ORDINARY PUBLIC
BQiEFIT; SPECIFYING TE� EX'I'ERIOR B�iJNDARIES OF
THE L�I�IDSG�PING AI�ID LIC�iTING DISTRICT N0. 2, AS
AN�IDm, AI�ID TO BE ASSESSID THE C1�ST AI�II7 IXPQ�ISE
THEREOF; DESIGNATING SAID DISTRICT AS CITY OF
PAI�I DESERT L�SCAPING AI�ID LIGH'I'ING DISTRIGT NO.
2; DETERMINING THAT `Pf-iESE PROC�IIVGS SHALL BE
TAF�1 PURSUANT TO TI-IE L�AI�SCAPING AI� LIGHTING
ACT OF 1972; AI�ID OFF'ERING A TII� AI�ID PLACE FC�R
HEARING OBJECTIONS 'I'�IERETO.
WF�RF,AS, the City Council of the City of Palm Desert, California,
(this "City Cau�cil") has deteimined that the public interest, oo�ve.nienc.e and
necessity, require the installation, con.structian and maintenance of public
lighting and landscaping and appurtenant facilities as set forth in Section
22525 of the Streets and Highways Code, State of California, within the
inaorporated boiu�daries of the City of Palm Desert, California.
W�.S, this City Council wishes to levy and collect annual special
assessnents within that area designated City of Palm Desert Landscaping and
Lighting District No. 2 pursuant to the Landscaping and Lighting Act of 1972
(Streets and Highways Code Section 22500 et �.).
WHEREAS, the �gineer of Work has prepared and filed with the City
Clerk a report oontaining the matters specified in Sections 22567, et �., of
the California Streets and Highways Code.
WI�RE'AS, this Council has read, reviewed and appraved the �gineer of
Work Report as filed. _
WHEREAS, the public interest and convenience require the
installation, ooczstruction, maintenance, servicing and operation of lighting
and landscaping and appurtenant facilities within the City of Palm Desert
Landscaping and Lighting District No. 2.
Ia7W, Z��REFORE, BE IT RESOLVE� 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 boundar�es of City of Palm
Desert Landscaping and Lighting District No. 2("District") for fiscal year
1988-1989 pursuant to the Landscaping and Lighting Act of 1972 to pay the costs
of installation or construction of planting of landscaping and public lighting
facilities and the ordinary and usual maintenance, operation and servicing of
certain public lighting and landscapir�g within public right-of-way and public
utility easements within the incorporated boundaries of the City of Palm Desert
as they existed on May 1, 1988, nnre particularly describeci on a map which is
•9►• • • i: •
on file in the City Clerk's office entitled, "Proposed Boundaries of City of
Palm Desert Landscaping and Lightirig District No. 2. "
SECTION 2: That the existing impravements consist generally of
public lightirx� facilities and improved park areas and parkways and this City
Council does not contemplate any proposed new public lighting and landscaping
imprav�zts by either City or petitioning landaw�zers.
SECPION 3: That the maintenance proposed to be perfonned oansists of
the ordinaYy and usual maintenanoe, operation, and sezvicing of certain public
park areas and parkways arx3 public lighting and landscaping facilities,
includixig:
(a) Repair, removal, or replacement of all or any part of the
iir�ravements thereo�n, excludirx3 therefrcm major constructiori or reoor�.stxuction;
(b) Providing for the life, growth, health, and beauty of the
lighting and landscaping thereon, includiux3 cultivatiai, irrigation, trimning,
sprayir�g, fertilizing, or treatirig for disease or injury; and
(c) 'Phe re�r�val of trim�ung, rubbish, debris, and other solid waste.
(d) Street light installation and maintenance.
(e) Required electrical maintenance and replacemPnt.
SECTION 4: That sar�e portions of the contgnplated w�rk, in the
opinioci of this City Council, is of more than local or ordinazy public benefit,
and this City Crn�ncil hereby makes thirty-thr'ee and one third percent (33 1/3$)
of the exper�se of the said work chargeable upon the District, which District is
assessed to pay the oosts and expe.r�,ses thereof .
SECTION 5: That this City Council hereby find.s and determines that
sixty-six and two thirds percent (66 2/3�) is of general or ordinary benefit
and he.reby agrees to annually ooritribute to the improvgnent fund from available
and funcis of the City, 66 2/3$ of the annual costs and expenses of
said w�rk. This City Ccnuicil hereby further finds and declares that the
increases in the aruzual oosts and expea�ses of such work shall thereafter be
equal to or less than annual increases in the City's cost of operating and
maintaining all City recreational and park facilities.
SECTION 6: That this City Council hereby finds and determines that
Landscaping and Lighting District No. 2 shall be initially subject to
assessnent for rb rinre than one hundred dollars ( 5100. 00 ) per parc,el for the
costs and experLses of praviding for the imprav�nent, servicing and maintenance
of such larxLscaping and lighting facilities. It is further found and
determined that ��cing in 1989, and each year thereafter in which the
Constuner Price Index, all Urban Cons�ners, Los Angeles - Long Beach - Anaizeim
�a
I C 9►_�. . / � \ ► � i i �,
(Base 1967) is published by the Bureau of Labor Statistics of t.�ie United States
of the United States Departrnent of Labor, and shaas a rise in the cost of
living over the level of such cos� of living index in �lpril 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.
SECTION 7: Reference is hereby made to the �,iigineer's Report on file
with the City Clerk for a full and detailed description of the existing
improvecnerits and mai�ztenance, the boundaries of the proposed District, and the
proposed assessments upon assessable lots and parcels of land withi_n the
District.
SECTION 8: That this City Council has appraved the report of the
�gineer of Work which reports indicates the amount of the proposed assessnerit,
the Distxict batu�clary, as amended, assessme�zt zones, detailed description of
improvenients, and the met.i�od of assessrne.nt. The report titled, "City of Palm
Desert �gineer's Report for the Levy of 1988-89 Fiscal Year Anr�ual Assessments
and Annexation No. 1 to Landscaping and Lighting District No. 2" is on file in
the office of the City Clerk. Reference to said report is hereby made for_ all
particulars for the arnount ar�d extent of the assessrnents for the extent of tt7e
wt�rk.
SECTION 9: The assessment shall be collected at the same time and in
the same manner as t�es for the County of Riverside are collected. The
�gineer of Work shall file a report annually with this City Courzcil of said
District and this City Council will annually conduct a hearing upon said report
at their first regular meeting in June, at which time assessrients for the next
fiscal year will be detezmined.
SECTION 10: Notice is hereby given that June 9, 1988 at 7:00 p.m.,
in the City Council chamber of the City Council of the City of Palm Desert,
California, 73-510 FYed Waring Drive, in tt�e City of Palm Desert, State af
Califoxnia, are hereby fixed as the t�me and place for a hearirx� by this City
Council on the question of the levying and collection of the proposed special
assessn�ents 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 al.l grounds of objection and describe the property
within the Distxict awned by thc�n.
SECTION 11: The Clerk shall give notice of the tiearing as follaws:
(a) The Clerk shall cause this resolution of intention to be
published once a week for twr� (2) successive weeks as required by Section 22626
and Section 22552 of the California Streets and iiighways Cade. 'I'Yie Palm Desert
Post is hereby designated as ttie newspaper in wtiich the City Clerk shall
publish this resolution of intention. Upon ccxrrpletion of giving notice, the
Clerk is further directed to file in her office a proof of publication setting
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RESOLLTrICI�1 N0. 88-36
forth ca��liance with the requi.re�nents for publishirig.
SECTION 12: That this City Council does hereby designate Ram�n A.
Diaz, Assistant City Manager/Director of Camn�nity Develo�ient, telepi�one
number (619) 346-0611, as the person to answer inquiries regarding the
formation of the Distxict and the levyi.ng and oollection of the proposed
special assessments for fiscal year 1988-1989.
PASSID, APPROVID, and ADOPTID by the City Council of the City of Palm
Desert, California, on this 14th day o� ril, 1988, by the follawing v�te, to
wit:
AYES: CRITES, KELLLY, SNYDER, WILSON, BIIJSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE ;
J � ' -'Yt�
JEAN�M. B SON, May�r
ATTEST :
,'� � .
I�
SHEILA R. GILLI(�&N, City
City of Palm Desert, Cal�
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