HomeMy WebLinkAboutCC RES 94-065^� �•• rJ•„
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RESOLUTION NO. 94-65
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN THE CITY OF PALM DESERT CONSOLIDATED LANDSCAPE AND
LIGHTING MAINTENANCE ASSESSMENT DISTRICT
WHEREAS, the City Council by its previous Resolution
initiated proceedings, and by its previous Resolution approved the
Final Annexation And Annual Levy Report which described the
assessments against parcels of land within the Palm Desert
Consolidated Landscape And Liqhting Maintenance Assessment
District, (hereinafter referred to as District) for the fiscal year
commencinq July 1, 1994, and ending June 30, 1995, pursuant to the
provisions of the Landscaping and Liqhting 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 operatinq, maintaininq and servicinq
landscapinq and lighting and appurtenant facilities including
special services, 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
the 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, 1994, and ending June 30, 1995, to pay for
the costs and expenses of operatinq, maintaining and servicing
landscapinq and lighting and appurtenant facilities located within
public places in the City.
NOW, THEREFORE, 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 reqardinq its
Resoiution Approving/Amending the Final Annexation
And Annual Levy Report, in connection therewith;
the levy and collection, and considered all oral
and written statements, protests and communications
made or filed by interested persons.
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Section 2. Based upon its review (and amendments, as
applicable) of the Final Annexation 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 determine
that:
i) the land within the District will be benefited
by the operation, maintenance and servicing of
landscaping, and liqhting improvements,
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 commencinq July 1, 1994,
and ending June 30, 1995, is apportioned by a
formula and method which fairly distributes
the net amount amonq 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 maintenance,
servicing and operation of the landscape
improvements that include planting materials such
as turf, ground cover, shrubs and trees, automatic
sprinkler systems, liqhtinq and drainaqe systems,
and all appurtenant facilities and operations
related thereto includinq special services, as well
as the servinq and maintenance of street liqhts and
operations related thereto. Maintenance means the
furnishing of services and materials for the
ordinary and usual maintenance, operation and
servicinq of the landscaping, lighting, and
appurtenant facilities, including repair, removal
or replacement of all or part of any of the
landscapinq, liqhtinq, or appurtenant facilities,
providing for the life, growth, health and beauty
of the landscaping, including cultivation,
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RESOLLJTION N0. 94-65
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irrigation, trimming spray, fertilizing and
treatinq for disease or injury; and the removal of
trimmings, rubbish, debris and other solid waste.
Servicinq means and furnishing of water for the
irrigation of the landscaping and electricity for
both the landscaping and lightinq, and the
maintenance of any of the appurtenant facilities.
Section 5. The maintenance, operation and servicing of the
landscapinq, 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.
Section 6. The City Treasurer shall deposit all money
representinq assessments collected by the County
for the District to the credit of special funds for
the City of Palm Desert Consolidated Landscape And
Liqhting Maintenance 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, 1994, and ending June 30, 1995.
Section 8.
Section 9.
The City Clerk is hereby authorized and directed to
file the levy with the County Auditor upon adoption
of this Resolution.
A certified copy of the levy shall be filed in the
office of the City Clerk and open for public
inspection.
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PASSED, APPROVED and ADOPTED by the City Council of the
City Council of the City of Palm Desert, California, on the 23rd
day of June , 1994, by the following vote, to wit:
AYES: BENSON, CRITES, SNYDER, WILSON
NOE S : NONE
ABSENT : KELLY
ABSTAIN: NONE
IY WILSON, MAYOR
OF PALM DESERT,
ATTEST: -- l
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SHEILA R, --GILLIGAN, CI� CLERK
CITY OF PALM DESERT✓,�ALIFORNIA
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