HomeMy WebLinkAboutCC RES 99-078RESOLUTION NO. 99-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
�^ ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE
CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT,
FISCAL YEAR 1999/2000
...,
The City Council of the City of Palm Desert (hereafter referred to as the "Ciry Council") does resolve
as follows:
WHEREAS, The City Council has by previous Resolutions initiated proceedings and declared
its intention to levy special benefit assessments against pazceLs of land within the Consolidated Palm
Desert Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year
commencing July 1, 1999 and ending June 30, 2000; pursuant to the provisions of the Lar�dscaping and
Lighcing Act of 1972, Part 2 of Division IS of the California Streeu and Hig.hzuays Code, commencing with
Section 22SOC (hereinafter referred to as the "Act � to pay the costs and expenses of operating, maintaining
and servicing Iandscaping, lighting and appurtenant facilities located within public places in the District;
and,
Vi�RE.AS, The Engineer selected by the City Council has prepared and filed with the Ciry
Clerk, and the Ciry Clerk has presented to the Ciry Council the an Engineer's Annual Levy Report
(hereafter referred to as the "Report") in connection with the proposed levy and collection of special
benefit assessmenu upon eligible parcels of land within District, and the City Council did by previous
Resolution approve such Report; and,
�-IERF.�1S, The City Council desires to levy and collect assessmenu against parcels of land
� within the District for the %scal year commencing July 1, 1999 and ending June 30, 2000, to pay the coscs
and expenses of operating, maintaining and servicing landscaping improvemenu and street lighting
`�-�- improvemenu and appurtenant facilities located within public places in the District; and,
WHEREAS, The Ciry Council has previously conducted a property owner protest ballot
proceeding for all District assessments proposed to be levied for Fiscal Year 1999/2000, and said
assessments are described in the approved Engineer's Annual Levy Report, and the assessments as
described comply with all applicable provisions of the California State Constitution Article XIIID.
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 iu Resolution approving or aznending the Engineer's Annual Levy Report
prepared in connection therewith; the levy and collection of assessmenu, and considered
all oral and written statemenu, protests and communications made or filed by interested
persons. The City Council has determined that the property owners in accordance with
the requiremenu of the California State Constitution, Article �� have approved the
assessmenu so presented.
Section 2 Based upon iu review (and amendments, as applicable) of the Engi.neer's Annual Levy
� Report, a copy of which has been presented to the Ciry Council and which as been filed
with the Ciry Clerk, the Ciry Council hereby finds and determines that:
�
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RESOLUTION NO. 99-78
a) The land within District will receive special benefit by the operation, maintenance
and servicing of landscaping, lighting, and appurtenant facilities within the
boundaries of District.
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 special benefit to be received by
each parcel from the improvemenu and services for the fiscal year commencing
July 1, 1999 and ending June 30, 2000.
Section 3 The Report and assessment as presented to the Ciry Council and on file in the office of
the City Clerk are hereby confirmed as filed.
Section 4 The City Council hereby orders the proposed improvemenu to be made, which
improvements are briefly described as the maintenance, operation, administration and
servicing of the improvements including nuf, ground cover, shrubs and trees, imgation
systems, street lighting, water features, entry monumenu, drainage systems and all
appurtenant facilities related thereto.
Section 5 The maintenance, operation and seavicing 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. After collection by the County, the net amount of the levy
shall be paid to the Ciry Treasurer.
Section 6 The City Treasurer shall deposit all money representing assessmenu collected by the
County for the District to the credit of a fund for the Consolidated Palm Desert
Landscaping and Lighting 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.
'on 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 1999 and ending June 30, 2000.
Section 8 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. 99-78
'` � PASSED, APPROVED, AND ADOPTED THIS 8th DAY OF Jul_y , 1999.
r,,,, STATE OF CAI.IFORNIA)
COLTNTY OF RNERSIDE) ss.
CITY OF PALM DESER'1�
�
Robert A. Spiegel, May r
City Council
I, sheila R. Gi�li�n , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 99-78 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 8th day of
3uly , 1999, by the following vote:
AyES: Ben�on, Crites, Keliy, Spiegel
� NOES: Nor.e
�r'"''
�./
ABSENT: F�r�uGon
ABSTAINED: None
1,.16y Ul 1"'slllil LCJCrL
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