HomeMy WebLinkAboutCC RES 98-044RESOLUTION NO. 98-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
� FOR IMPROVEMENTS WITHIN THE TERRITORY KNOWN AS LA PALOMA II
LANDSCAPING AND LIGHTING DISTRICT AND/OR THE PALM DESERT
CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT ZONE 6
(HOVLEY LANE— LA PALOMA II), FISCAL YEAR 1998/99
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") hereby finds, determines, resolves and orders as follows:
Section 1 The City Council by previous Resolutions initiated proceedings, and approved the
Engineer's Report (as presented or amende� which described the assessmenu against parcels of
land within the territory jointly referred to as the La Paloma II Landscaping and Lighting
District (hereafter referred to as the "District") and/or the Hovley Lane—La Paloma II Zone
(hereafter referred to as the "Zone") within the Palm Desert Consolidated Landscaping and
Lighting District (hereafter referred to as the "Consolidated District"), for the fiscal year
commencing July 1, 1998 and ending June 30, 1999; pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 1 S of the California Streets and Highways
Code, commencing with Sertion 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.
Section 2 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
ciid by previous Resolution approve such report.
Section 3 The City Council desires to levy and collect assessments against parcels of land within
the District and/or Zone for the fiscal year commencing July 1, 1998 and ending June 30, 1999,
to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting
and appurtenant facilities located within public places in the District.
Section 4 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 Engineer's Report
prepared in connection therewith; the levy and collection of assessments, and considered all oral
and written statements, protests and communications made or filed by interested persons. The
City Council has tabulated the ballots and determined that the property owners have approved
the formation of the District, the levy and collection of assessments, the assessment range
formula, and the annexation of the territory into the Consolidated District as outlined in the
Engineer's Report.
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RESOLDTION NO. 98-44
Section 5 Based upon its review (and amendmenu, as applicable) of the Engineer's 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:
i.) the territory of land within District andlor Zone will receive special benefits
from the operation, maintenance and servicing of the landscaping, street
lighting, and appurtenant facilities and improvements located in public places
within the boundaries of District and/or Zone.
ii.) District and/or Zone includes all of the lands so benefited; and
iii.) the net amount to be assessed upon the lands withi
Zone, in accordance with the proposed budget
commencing July 1, 1998 and ending June 30, 1999
formula and method which fairly distributes the ne
eligible parcels in proportion to the special benefiu to
parcel from the improvements and services.
n the District and/or
for the fiscal year
is apportioned by a
t amount among all
be received by each
Section 6 The Report, assessments and assessment range formula as presented to the City
Council and on file in the office of the City Clerk are hereby confirmed as filed.
Section 7 The City Council hereby orders the proposed improvements to be made, which
improvemenu are briefly described as all improvemenu and services authorized pursuant to the
Act including: the operation, maintenance and servicing of the improvements associated with
the La Paloma II development including the parkway landscaping (appro�umately 5,340 square
feet), masonry wall and entryway monument along Hovley Lane; the landscaped dry well
retention basin (approximately 0.14 acres); and street lighting installed as part of the subdivision.
Section 8 The maintenance, operation and servicing of the landscaping, street lighting system,
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 9 The Ciry Treasurer shall deposit all money representing assessments collected by the
County for the District to the credit of a fund for the La Paloma II Landscaping and Lighting
District, and such money shall be expended only for the maintenance, operation and servicing of
the landscaping, street lighting system, masonry wall and appurtenant facilities as described in
Section 7.
Section 10 The adoption of this Resolution constitutes the District levy for the `Fiscal Year
commencing July 1, 1998 and ending June 30, 1999. However, the assessments so approved, may
be reduced by the City Council for Fiscal Year 1998/99 during the annual Public Hearing for
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RESOLUTION NO. 98-44
the Consolidated District, at which time all annual landscaping and lighting district assessments
are reviewed and approved for the fiscal year.
Section 11 The City Clerk is hereby authorized and directed to file the levy with the County
Auditor upon adoption of this Resolution.
Section 12 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 this 9th day of April , 1998.
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Mayor Pro Tempo
,,� o� Palm Desertl ��'�
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City Clerk ��
City of Palm Desert
STATE OF CALIFORNIA)
� COUNTY OF RIVERSIDE)
CITY OF PALM DESER'1�
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j, SHEILA R. GILLIGAN , City Clerk of the City of Palm Desert,
County of Riverside, State of California do hereby certify that the foregoing Resolution No.
98-44 was regularly adopted by the City Council of said City of Palm Desert at a
regular meeting of said council held on the 9th �y o{ April , 1998 by
the following vote:
AYES:
NOES:
CRITES, FERGUSON, KELLY, SPIEGEL
NONE
ABSENT: BENSON
ABSTAINED: xor�
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City of Palm Desert ` "
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