HomeMy WebLinkAboutCC RES 98-088RESOLUTION NO. 98-88
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE
CONSOLIDATED PALM DESERT LANDSCAPE AND LIGHTING MAINTENANCE
ASSESSMENT DISTRICT, FISCAL YEAR 1998/99
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as
follows:
WHEREAS, The City C:;uncil has, by previous Resolutions initiated proceedings, and approved the
Engineer's Annual Levy Report (as presented or amended) which described the assessmenu 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, 1998 and ending June 30, 1999; pursuant to
the provisions of the Landscaping and Lighting Act of 1972, Aart 2 of Division 15 of the California Streets and
High-rr�ays Code, commencing with Section 22500 (hereinafter referred to as the "Act "J to pay the costs and expenses of
operating, maintaining and servicing landscaping, lighting and appurtenant facilities located within public places
in the District; and,
WHERF.AS, 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 special benefit assessments upon eligible parcels of land within District, and the City Council did by previous
Resolution approve such Report; and,
WHEREEIS, The City Council desires to levy and collect assessmenu against parcels of land within the
District for the fiscal year commencing July 1, 1998 and ending June 30, 1999, to pay the costs and expenses of
"` ' operating, maintaining and servicing landscaping improvements and street lighting improvemenu and
appurtenant facilities located withir. public places in the District; and,
WHEREAS, this City and its legal counsel have reviewed Proposition 218 and found that all proposed
assessments for Fiscal Year 1998/99 comply with applicable provisions of Anicle XIIIC and XIIID 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 Hearing regarding its
Resolution approving or amending the Engineer's Annual Levy Report prepared in connection therewith; the
levy and collection, and considered all oral and written statements, protesu and communications made or filed by
interested persons. The City Council has determined that the property owners in accordance with the
requirements of the California Constitution, Articles XIIIC and ?� previously approved the assessmenu so
presented.
Section 2 Based upon its review (and amendments, as applicable) of the Engineer's 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 determines that:
a) The land within District will receive special benefit by the operation, maintenance and
servicing of landscaping, lighting, and appurcenant facilities within the boundaries of District.
RESOLUTION NO. 98-88
b) District includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within the District is in accordance and �
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 improve:nents and services for the fiscal year commencing July 1, 1998 and ending r
June 30, 1999.
Section 3 The Report and assessment as presented to the Ciry Council and on file in the o�ce of the City Clerk
are hereby confirmed as filed.
Section 4 The Ciry Council hereby orders the proposed improvements to be made, which improvemenu are
briefly described as follows: the maintenance, operation, administration and servicing of the improvements
including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features, entry
monumenu, drainage systems and all appunenant facilities related thereto.
Section 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 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 shal: 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 constitutes the District levy for the Fiscal Year commencing July 1, �
1998 and ending June 30, 1999.
Section S The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon
adoption of this Resolution.
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RESOLUTION NO. 98-88
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PASSED, APPROVED, AND ADOPTED THIS 9TH DAY OF .IIII.Y , 1998.
STATE OF CALIFORNIA)
COUNTY OF RNERSIDE) ss.
CITY OF PALM DESERT)
Council
l�i. BENSON
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.
98-88 was regularly adopted by the City Council of said City of Palm Desert at a regular
meeting of said council held on the 9� day of �y , 1998, by the
following vote:
AYES: FIItGIISON, KELLY, SPIEGEL, BENSON
" � NOES: NONE
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ABSENT: CRITES
ABSTAINED: NONE
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