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HomeMy WebLinkAboutCC RES 96-44A RESOLUTION NO. 96-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, FISCAL YEAR 1996/1997 The City Council of the City of Palm Desert, California does resolve as follows: WHEREAS, the City Council of the City of Palm Desert, California, has, by previous Resolutions, initiated proceedings and declared its intention to levy assessments, and approved the Annual Levy Report (hereafter referred to as the "Report") that describes the assessments against parcels of land within the Consolidated Palm Desert Landscape and Lighting Maintenance Assessment District (hereafter referred to as the "District") for the Fiscal Year commencing July 1, 1996, and ending June 30, 1997, 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") to pay maintenance and services of all improvements and facilities related thereto; 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 of assessments 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 the District for the Fiscal Year commencing July 1, 1996, and ending June 30, 1997, to pay the maintenance and services of all improvements and facilities related thereto. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair public hearing regarding the District, the levy and collection of assessments, the Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters. b. I Section 2 Based upon its review (and amendments, as applicable) of the Report, a copy of which has been presented to the City Council and which has been filed with the City Clerk, the City Council hereby finds and determines that: i) the land within the District will be benefited by the operation, maintenance and servicing of improvements, located within the boundaries of the 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, 1996, and ending June 30, 1997, 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 assessments as presented to the City Council and on file in the Office of the City Clerk are hereby confirmed as filed. Section 4 The maintenance, operation and servicing of the improvements and appurtenant facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as follows: turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, drainage systems and all appurtenant facilities and operations related thereto. Section 5 The County Auditor of the County of Riverside shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy so apportioned by the formula and method outlined in the Report, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article 2, Section 22646 of the Act. After collection by the County, the net amount of the levy shall be paid to the City Treasurer. i Section 6 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Palm Desert Consolidated Palm Desert Landscape and Lighting Maintenance Assessment District and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 4. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 1996, and ending June 30, 1997. Section 8 The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution, pursuant to Chapter 4, Article 1, Section 22641 of the Act. RESOLUTION NO, 96-44 PASSED, APPROVED, AND ADOPTED THIS 27th STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) CITY OF PALM DESERT ) Mayor City Council City Cler11-6 City of Palm Desert ss. day of June , 1996. .r�44L' 4c2", I, in ;Ira , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. ct ( - y was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the day of J1A.,\s t_ , 1996, by the following vote: AYES: BENSON, KELLY, SPIEGEL, SNYDER NOES: NONE ABSENT: CRITES ABSTAINED: NONE City Cler City of Palm Desert