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HomeMy WebLinkAboutCC RES 98-066RESOLUTION NO. 98-66 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT FOR FISCAL YEAR 1998/99 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHERBAS, The City Council has by previous Resolutions formed the Consolidated Palm Desert Landscape and Lighting Maintenance Assessment District (hereafter referred to as the "District"), and initiated proceedings for Fiscal Year 1998/99, pursuant to the provisions of the Landscape and Lighting Act of 1972, Part 2, Division IS of the California Streeu and Highways Code �commencing zvith section 22500� (hereafter referred to as the "Act") that provides for the levy and collection of assessmenu by the Counry of Riverside for the City of Palm Desen to pay the maintenance and services of all improvements and facilities related thereto; and, WHERF.AS, the assessments for the District were previously approved in accordance with the requiremenu of the California Constitution, Articles XIIIC and }QIID; and, WHEREAS, the City Council has retained MBIA MuniFinancial for the purpose of assisting with the Annual Levy of the District, and to prepare and file an Engineer's Annual Levy Report with the City Clerk in accordance with the Act; and, WHEREAS, thei-e has now been presented to this City Council a Preliminary Engineer's Report (hereafter referred to as the "Engineer's Report"); and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with the District, each and all of the budget items and documenu as set forth therein, and is satisfied that the proposed assessments contained therein, have been spread in accordance with the benefits received from the improvemenu, operation, maintenance and services to be performed within the District, as set forth in said Report; and, NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3, SECTION22624 OF THE ACT, AS FOLLOWS: Section 1 The above recitals are true and correct. Section 2 Intention: The City Council hereby declares iu intention to seek the annual levy and collection of assessmenu within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessmenu on all such land to pay the annual costs and expenses of the improvemenu and services described in Section 4 of this Resolution, for Fiscal Year 1998/99. RESOLUTION NO. 98-66 Section 3 Boundaries and Designation: The description of the District boundary and the Zones therein are outlined in the Engineer's Report and by reference is made part of this Resolution. The District includes twelve (12) Benefit Zones and eleven (11) sub zones: Canyon Cove (Zone 2); Vineyards (Zone 3); Parkview Estates (Zone 4); Cook and Country Club (Zone 5) sub zones are Desert Mirage, Sandcastles, and Primrose 2; Hovley Lane (Zone 6) sub zones are Monterey Meadows, The Glen, Hovley Estates, Sonata 1, Sonata 2, Hovley Collection, La Paloma I and La Paloma II; Waring Court (Zone �; Palm Gate (Zone 8); The Grove (Zone 9); Portola Place (Zone 11); Palm Desert Country Club (Zone 13); and K& B at Palm Desert (Zone 14). The District is designated as "Consolidated Palm Desert Landscape and Lighting Maintenance Assessment District." Section 4 Description of Imnrovements: The improvements within the District include: turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry monumenu, drainage systems and all appurtenant facilities and operations related thereto. The Engineer's Annual Levy Report describes all new improvements or substantial changes in existing improvemenu. Section 5 Proposed Assessment Amounts: For Fiscal Year 1998/99, the proposed assessments outlined in the Engineer's Report represent no change from the assessments applied in Fiscal Year 1997/98, and are within the limiu approved by the properry owners. As such, the proposed assessment does not constitute an increase, and does not require property owner approval for an increase in accordance with the requiremenu of the California Constitution, Articles XIIIC and ��IID. ection 7 Public Hearing(s): The City Council hereby declares its intention to conduct a Public Hearing annually concerning the levy of assessmenu for the District in accordance with Chapter 3, Section 22626 of the Act. � � ... Secrion 8 Notice: The City shall give notice of the time and place of the Public Hearing to all � property owners within the District by causing the publishing of this Resolution once in the local newspaper for two consecutive weeks not less than ten (10) days before the date of the public hearing, and by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices. Section 9 Notice Of Public Hearine: Notice is hereby given that a Public Hearing on these matters wi11 be held by the City Council on Thursday Tuly 9, 1998 (Public Hearing) at 7:00 P.M., or as soon thereafter as feasible in the Ciry Hall (Council Chambers), located at 73-510 Fred Waring Drive, Palm Desert, California, 92260-2578. Section 10 The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. ...� ..r RESOLUTION NO. 98-66 Passed, Approved and Adopted this 11� day of J� , 1998. � V �v / , May�i , JEAN M. BENSON Ci f Palm Desert STATE OF CALIFORNIA) COIJNTY OF RIVERSIDE) ss. CITY OF PALM DESERT ) I� 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. 98-66 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on this 11� day of J17NE , 1998 by the following vote: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: Norr� ABSENT: xor� ABSTAIN: NONE 1 City Clerk, SHEILA R. City of Palm Desert .,,...