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Home My WebLink AboutCC RES 00-048RESOLUTION: 00-48 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE LA PALOMA III LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID DISTRICT AND TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2000/2001 WHEREAS, the City Council, desires to form the "La Paloma III Landscaping and Lighting District" (hereafter referred to as the "District"), to concurrently annex said District and territory into the "Palm Desert Consolidated Landscaping and Lighting District", Zone 6 — La Paloma III (hereafter referred to as either the "Consolidated District" or "Zone"), and to levy and collected annual assessments against parcels of land within said territory commencing with fiscal year 2000/2001 to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities related thereto, pursuant to the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"); and, WHEREAS, the City Council did by previous resolutions initiate proceedings and declare its intention to form the District; concurrently annex said District and territory into the Consolidated District; and to levy and collected annual assessments for the purpose of operating, maintaining and servicing the improvements related thereto, pursuant to the Act; and, WHEREAS, 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 an Engineer's Report that describes the District, the formation, annexation, and assessments against parcels of land within the District for the Fiscal Year commencing July 1, 2000, and ending June 30, 2001, pursuant to the provisions of the Act; and, WHEREAS, the City Council has caused notices and property owner assessment ballots to be mailed to all property owners of affected properties pursuant to the Act and in accordance with the provisions of California Constitution Article XIIID (Proposition 218); and WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on April 13, 2000, regarding the formation of the District, the annexation of said District into the Consolidated District, the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act; and has conducted property owner protest proceedings relating to the District, assessments and assessment range Page 1 of 5 RESOLUTION: 00-48 formula described in the Engineer's Report related thereto in accordance with the provisions of the California Constitution Article XIIID; and, NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The preceding recitals are true and correct. Section 2: The City Council upon the conclusion of the noticed Public Hearing has tabulated the property owner protest ballots returned, and received weighted according to the proportional financial obligation of each affected property ("Weighted Assessment Ballots"). Based on this tabulation, the City Council finds the record owners of property within the District, or others authorized to submit assessment ballots, have approved the proposed assessment, the assessment range formula connected therewith, and the levy and collection of assessments as described in the Engineer's Report. Section 3: Section 4: Section 5: Furthermore, the City Council finds that a written majority protest does not exist, pursuant to the provisions of the Act (Chapter 2, Article 1, Sections 22593 and 22594). The City Council desires to levy and collect assessments against parcels of land within the District or Consolidated District Zone for the fiscal year commencing July 1, 2000 and ending June 30, 2001, to pay the costs and expenses of operating, maintaining and servicing the landscaping, lighting and appurtenant facilities located within public places within the District. The City Council has carefully reviewed and examined the Engineer's Report in connection with the District, and the levy and collection of assessments. Based upon its review (and amendments, 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: a. The territory of land within District and/or Consolidated District Zone will receive special benefits from the operation, maintenance and servicing of the landscaping, lighting and appurtenant facilities and improvements related thereto. b. District and/or Consolidated District Zone includes all of the lands so benefited; and Page 2 of 5 RESOLUTION: 00-48 Section 6: Section 7: Section 8: c. The net amount to be assessed upon the lands within the District and/or Consolidated District Zone, in accordance with the proposed budget for the fiscal year commencing July 1, 2000 and ending June 30, 2001 is apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefits to be received by each parcel from the improvements and services and is satisfied that the assessments are levied without regard to property valuation. The Engineer's 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. The City Council hereby orders the formation of the District and the annexation of said District and territory into the Consolidated District commencing with Fiscal Year 2000/2001. The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the operation, administration, maintenance and servicing of all improvements and appurtenant facilities and expenses associated with the District that were installed as part of the development known as La Paloma III — Tract 29045-00 and that will be maintained by the City of Palm Desert through annual assessments, namely: • Parkway and perimeter landscaping adjacent to the development on the south side of Hovley Lane West (Identified as Lots C and D on Tract Map 29045-00); • Street Lighting located at the entrance to the development at the corner of Hovley Lane West and Sandpiper Court; • Entryway monument, blockwalls, irrigation systems, drainage systems and electrical facilities associated with the landscaping and lighting improvements identified above. Section 9: The maintenance, operation and servicing of the landscaping and lighting improvements 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. Page 3 of 5 RESOLUTION: 00-48 Section 10: Section 11: The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the "La Paloma III Landscaping and Lighting District", and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 8. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2000 and ending June 30, 2001. However, the assessments so approved, may be reduced by the City Council for Fiscal Year 2000/2001 during the annual Public Hearing for the Consolidated District, at which time all annual landscaping and lighting district assessments are reviewed and approved for the fiscal year. Section 12: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Page4of5 RESOLUTION: 00-48 PASSED, APPROVED, AND ADOPTED this 13th day of April 2000. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen Acting , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 00-48 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 13th day of April , 2000 by the following vote: AYES: BENSON, FERGUSON, KELLY, SPIEGEL, CRITES NOES: NONE ABSENT: NONE ABSTAINED: NONE ii Mayor, uford Crites City of Palm Desert Rachelle D.Klassen, Acting City Clerk City of Palm Desert Page 5 of 5