HomeMy WebLinkAboutCC RES 97-061c.
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RESOLUTION NO. 97-61
A RESOLiTTION OF THE CITY COUNCIL OF THE CI?Y OF PALM DESERT
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE
CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING
MAINTENANCE ASSESSMENT DISTRICT, FISCAL YEAR 1997/98
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, The City Council has, by previous Resolutions initiated proceedings, and
approved the Final Engineer's Annual Levy Report (as presented or amende� which described
the assessmenu against parcels of land within the Consolidated Palm Desen Landscape and
Lighting Maintenance Assessment District (hereafter referred to as the "District") for the fiscal
year commencing July i, 1997 and ending June 30, 1998; pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 1 S of the California Streeu and Higla�ays
Code, commencing with Section 22500 (hereinafter referred to as the "Act "� to pay the costs and
expenses of operating, maintaining and servicing landscaping, lighting and appurtenant facilities
located within public places in the District; 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 wllect assessmenu against parcels of
land within the District for the fiscal year commencing July 1, 1997 and ending June 30, 1998, to
pay the costs and expenses of operating, maintaining and servicing landscaping and appurtenant
facilities located within public places in the District; and,
WHEREAS, this City and its legal counsel have reviewed Proposition 218 and found
that these assessments comply with applicable provisions of Section XIII D of the California
State Constitution; and,
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS:
Section 1 Following notice duly given, the City Council has held a full and fair Public Meeting
and Public Hearing regarding its Resolution Approving or Amending the Final Engineer's
Annual Levy Report prepared in connection therewith; the levy and collection, and considered
all oral and written statemenu, protests and communications made or filed by interested
r
Resolution No. 97-61 •
persons. The Ciry Council has tabulated the ballots and determined that the voters have
approved the District, the levy and collection of assessmenu, and the assessment range formula.
�ction � Based upon its review (and aznendments, as applicable) of the Final Engineer's Annual
Levy Report, a copy of which has been presented to the City Council and which as been filed
with the Ciry Clerk, the City Council hereby finds and determines that:
i) the land within Distria will receive special benefit by the operatio�,
maintenance and servicing of landscaping, lighting, and appurtenant facilities
within the boundaries of District.
ii) District includes all of the lands receiving such special benefit.
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, 1997 and
ending June 30, 1998 is apportioned by a formula and method which fairly
distributes the net amount among all eligible parcels in proportion to the
estimated special benefit to be received by each parcel from the
improvemenu and services.
�ection 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.
�ection 4 The City Council hereby orders the proposed improvements to be made, which
improvemenu are briefly described as follows: rurf, ground cover, shrubs and trees, irrigation
systems, street lighting, water fearures, entry monuments, drainage systems and all appurtenant
facilities and operations related thereto.
�ection 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 pazcel 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. Aher 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 representing assessments collected by the
County for the District to the credit of a fund for the Consolidated Palm Desert Landscape and
Lighting 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 constirutes the District levy for the Fiscal Year
commencing July 1, 1997 and ending June 30, 1998.
Resolution No. 97-61
�tiog S The City Clerk is hereby authorized and directed to file the levy with the Counry
Auditor upon adoption of this Resolution.
�ion 9 A certified copy of the levy shall be filed in the office of the City Clerk and open for
public inspection.
RESOLUTION NO. g�-61
PASSED, APPROVED, AND ADOPTED this �oth day of Ju1y , 1997.
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Mayor
City of Palm Desert
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STATE OF CALIFORIVIA )
COUNTY OF RIVERSIDE) ss.
CIT'Y OF PALM DESERT )
- City Clerk
Ciry of Palm Desert
,
I� sheila R. Gii�igan , City Clerk of the Ciry of Palm Desert,
Counry of Riverside, State of California do hereby certify that the foregoing Resolution No.
97-61 was regularly adopted by the City Council of said City of Palm Desert at a
regular meeting of said council held on the loth day of July , 1997 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
BENSON, CRITES, SNYDER, SPIEGEL and KELLY
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NONE
NONE
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, G� ,. /i
City Clerk `
City of Palm Desert
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