HomeMy WebLinkAboutCC RES 93-063RESOLUTION NO. 93-63
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY
AND COLLECTION OF ASSESSMENTS WITHIN THE CITY
OF PALM DESERT LANDSCAPE AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT.
WHEREAS, the City Council by its Resolution No. 93-28
initiated proceedings, and by its Resolution No. 93-62 approved
the Final Consolidation, Annexation and Annual Levy Report which
described the assessments against parcels of Iand within the Palm
Desert Landscape and Lighting Maintenance Assessment District
(hereinafter referred to as District) for the fiscal year
commencing July 1, 1993, and ending June 30, 1994, pursuant to the
provision of the Landscaping and Lighting Act of 1972, Part 2 of
Division 15 of the California Streets and Highways Code, commencing
with Section 22500 (hereinafter referred to as the "Act") to pay
for the costs and expenses of operating, maintaining and servicing
landscaping, lighting and.appurtenant facilities located within
public places in the City; and
WHEREAS, the Engineer selected by the City Council has
prepared and filed with the City Clerk, and the City Clerk has
presented to the City Council, a report in connection with the
proposed levy and collection upon eligible parcels of land within
District, and the City Council did by previous Resolution approve
such report; and
WHEREAS, the City Council desires to levy and collect
assessments against parcels of land within District for the fiscal
year commencing July 1, 1993, and ending June 30, 1994, to pay for
the cost and expenses of operating maintaining and servicing
landscaping and appurtenant facilities located within public places
in the City.
NOW, THEREFORE, BE IT RESOLVED, Determined, and ordered
by the City Council of the City of Palm Desert does hereby find,
determine, resolve and order as follows:
Section 1. Following notice duly given, the City Council has held
a full and fair public hearing regarding its Resolution No. 93-62 ,
the Final Consolidation, Annexation and Annual Levy Report prepared
in connection therewith; the levy and collection and considered all
oral and written statements, protests and communications made or
filed by interested persons.
Section 2. Based upon its review (and amendments, as applicable)
of the Final Formation and Annual Levy Report, a copy of which has
been presented to the City Council and which as been filed with the
City Clerk, the City Council hereby finds and determines that:
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I) the land within District will be benefited by the
operation, maintenance and servicing of landscaping, and
drainage devices, located in public places within the
boundaries of District.
II) District includes all of the lands so benefited; and
III) the net amount to be assessed upon the lands within the
District in accordance with the fee for the fiscal year
commencing July 1, 1993 and ending June 30, 1994, is
apportioned by a formula and method which fairly
distributes the net amount among all eligible parcels in
proportion to the estimated benefits to be received by
each parcel from the improvements and services.
Section 3. The Report and assessment as presented to the City
Council and on file in the office of the City Clerk are hereby
confirmed as filed.
Section 4. The City Council hereby orders the proposed
improvements to be made, which improvements are briefly described
as follows: the operation, maintenance and servicing of
landscaping, including trees, shrubs, grass and other ornamental
vegetation, and appurtenant facilities, including irrigation
systems and a drainage devices, located in public places within the
boundaries. Maintenance means the furnishing of services and
material for the ordinary and usual maintenance, repair, removal or
replacement of all or part of any of the landscaping, lighting, or
appurtenant facilities; providing for the life, growth, health and
beauty of the landscaping, including cultivation, irrigation,
trimming spraying, fertilizing and other solid waste. Servicing
means the furnishing of water for the irrigation of the landscaping
and electricity, and the maintenance of any of the appurtenant
facilities.
Section 5. The maintenance, operation and servicing of the
landscaping, lighting and appurtenant facilities shall be performed
pursuant to the "Act" and the County Auditor of Riverside shall
enter on the County Assessment Roll opposite each parcel of land
the amount of levy and such levies shall be collected at the same
time and in the same manner as the County taxes are collected.
After collection by the County, the net amount of the levy shall be
paid to the City Treasurer.
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Section 6. The City Treasurer shall deposit all money representing
assessments collected by the County for the District to the credit
of a special fund known as "Improvement Fund, City of Palm Desert
Landscape and Lighting Maintenances Assessment District" and such
money shall be expended only for the maintenance operation and
servicing of the landscaping, lighting and appurtenant facilities
as described in Section 4.
Section 7. The adoption of this Resolution constitutes the
District levy for the fiscal year commencing July 1, 1993, and
ending June 30, 1994.
Section 8. The City Clerk is hereby authorized and directed to
file the levy with the County Auditor upon adoption of this
Resolution.
Section 9. A certified copy of the levy shall be filed in the
office of the City Clerk and open for public inspection.
PASSED, APPROVED, and ADOPTED by the City Council of the City
of Palm Desert, California on the 24th day of June , 1993, by the
following vote, to wit:
AYES: KELLY, SNYDER, WILSON, BENSON
NOES: CRITES
ABSENT: NONE
ABSTAIN: NONE
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ATTES�T : . � �-
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;' SHEILA R. IGAN, CLERK
CITY OF PALM DESERT, ALIFORNIA
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M. BENSON, MAYOR
OF PALM DESERT, CALIFORNIA