HomeMy WebLinkAboutCC RES 99-039RESOLUTION NO. 99-39
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
LANDSCAPING AND LIGHTING DISTRICT FOR FISCAL YEAR 1999/2000; AND
CALLING A PROPERTY OWNER PROTEST BALLOT PROCEEDING FOR AN
INCREASED ASSESSMENT IN ZONE 13 OF SAID DISTRICT
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 formed the Consolidated Palm
Desert Landscaping and Lighting District (hereafter referred to as the "District"), and initiated
proceedings for Fiscal Year 1999/2000, pursuant to the provisions of the Landscaping and Lighting Act of
1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with section 22500)
(hereafter referred to as the "Act") that provides for the levy and collection of assessments by the County
of Riverside for the City of Palm Desert to pay the maintenance and services of all improvements and
facilities related thereto; and,
WHEREAS, all assessments for the District were previously approved in accordance with the
requirements of the California Constitution, Articles XIIIC and XIIID; 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, there 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 documents as set forth
therein, and is satisfied that the proposed assessments contained therein, have been spread in
accordance with the benefits received from the improvements, operation, maintenance and services to
be performed within the District, as set forth in said Report; and,
WHEREAS, the City Council has determined that new landscape improvements proposed for
Zone 13 (Palm Desert Country Club) within the District, will provide special benefits to properties
within said Zone, and that the cost and expenses of the new improvements require an increase in the
assessment previously approved by the property owners, and that said increase must be approved by
the property owners in accordance with the requirements of the California Constitution, Articles XIIID
prior to the improvements being installed and constructed.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, PURSUANT TO CHAPTER 3,
SECTI0N22624 OF THE ACT, AS FOLLOWS:
Section 1 The above recitals are true and correct.
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RESOLUTION NO. 99_39
Section 2 Intention: The City Council hereby declares its intention to seek the annual levy and
collection of assessments within the District pursuant to the Act, over and including the land within the
District boundary, and to levy and collect assessments on all such land to pay the annual costs and
expenses of the improvements and services described in Section 4 of this Resolution, for Fiscal Year
1999/2000. The City Council further declares its intention to conduct a property owner protest
ballot proceeding for all proposed new or increased assessments that were not previously
approved by the affected property owners in accordance with the requirements of the California
Constitution, Articles XIIID.
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 7); Palm Gate
(Zone 8); The Grove (Zone 9); Portola Place (Zone 11); Palm Desert Country Club (Zone 13); K & B at
Palm Desert (Zone 14); and Canyon Crest (Zone 15). The District is designated as "Consolidated Palm
Desert Landscaping and Lighting District."
Section 4 Description of Improvements: The improvements within the District include: turf, ground
cover, shrubs and trees, irrigation systems, street lighting, water features, entry monuments, 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 improvements.
Section 5 Proposed Assessment Amounts: For Fiscal Year 1999/2000, the proposed assessments
outlined in the Engineer's Report are within the limits approved by the property owners with the
exception of Zone 13 (Palm Desert Country Club). As such, the proposed assessment increase for
properties within Zone 13 of the District will be submitted to the property owners as required by the
California Constitution, Articles XIIID. All other District assessments are within the limits previously
approved by the property owners and do not constitute an increase, and do not require property owner
approval for an increase in accordance with the requirements of the California Constitution, Articles
XIIIC and XIIID
Section 7 Public Hearing(s): The City Council hereby declares its intention to conduct a Public
Hearing annually concerning the levy of assessments for the District in accordance with Chapter 3,
Section 22626 of the Act.
Section 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. The City shall mail by first class mail a notice of the Public Hearing and
property owner protest ballots to all property owners subject to a new or increased assessment, at least
forty-five days prior to the Public Hearing set by this City Council.
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RESOLUTION NO. 99-39
Section 9 Notice Of Public Hearing: Notice is hereby given that a Public Hearing on these matters
will be held by the City Council on Thursday July 8, 1999 (Public Hearing) at 7:00 P.M., or as soon
thereafter as feasible in the City 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.
PASSED, APPROVED, AND ADOPTED THIS 13 th DAY OF May
1999.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Mayor
City Council
I, SHETLA R. GTI LTGAN , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 99-39 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 13 th day of
May , 1999, by the following vote:
AYES: Benson, Crites, Ferguson, Kelly, Spiegel
NOES: None
ABSENT: None
ABSTAINED: None
City Clerk - --
City of Palm Desert
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