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HomeMy WebLinkAboutCC RES 00-089RESOLUTION: No 00-89 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING AND/OR APPROVING THE ENGINEER'S REPORT REGARDING THE FORMATION OF THE HOVLEY COURT WEST LANDSCAPING AND LIGHTING DISTRICT; THE CONCURRENT ANNEXATION OF SAID TERRITORY INTO THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2000/2001 WHEREAS, the City Council, 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"), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file a Report in connection with the proposed formation of the "Hovley Court West Landscaping and Lighting District" (hereafter referred to as the "District") and the concurrent annexation of the District and territory into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District"), and the proposed levy and collection of assessments against parcels of land for the fiscal year commencing July 1, 2000 and ending June 30, 2001; and, WHEREAS, the Engineer has prepared and filed with the City Clerk of the City of Palm Desert, California and the City Clerk has presented to the City Council such report entitled "City of Palm Desert Engineer's Report Hovley Court West Landscaping and Lighting District Formation Fiscal Year 2000/2001" as required by the Act; and, WHEREAS, the City Council pursuant to the provisions of Chapter 2, Article 1, Section 22586 of said Act may approve the report, as filed, or may modify the report in any particular and approve it as modified; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, considered all oral and written comments presented with respect to the District and Report at a noticed Public Hearing and has discussed any necessary or desired modifications to the Report. 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. Page 1 of 3 RESOLUTION: No. 00-89 Section 2: The Report as presented or as modified, contains the following: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The maximum annual assessment for the first fiscal year (Adjusted Maximum Levy per EDU) approved by the property owners. e. An "Assessment Range Formula" for calculating annual inflationary adjustments to the "Maximum Assessment" (Adjusted Maximum Levy per EDU), also approved by the property owners. f. The Annual Budget (Costs and Expenses) and the resulting assessment (Levy per EDU) for the first fiscal year. The District Roll containing the Levy for each Assessor Parcel within the District commencing Fiscal Year 2000/2001. Section 3: g. The City Clerk is hereby directed to enter on the minutes of the City Council any and all modifications to the Report determined and approved by the City Council, and all such changes and/or modifications by reference are incorporated into the Engineer's Report. Section 4: The City Council is satisfied with the Engineer's Report as presented or modified, each and all of the budget items and documents as set forth therein, and is satisfied that the annual assessments contained therein are consistent with the assessments approved by the property owners and spread in accordance with the special benefits received from the improvements pursuant to the provisions of the California Constitution Article XIIID. Section 5: Section 6: The Report is hereby approved as submitted or modified and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation and approval of the Report as submitted or modified. Page 2 of 3 RESOLUTION: No. 00-89 PASSED, APPROVED, AND ADOPTED this 13th day of Tuly 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. 00-89 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 July , 2000 by the following vote: AYES: BENSON, KELLY, SPIEGEL, FERGUSON NOES: . NONE ABSENT: CRITES ABSTAINED: NONE J M FE' USO YOR PRO-TEMPORE ert Rachelle D. Klassen, A ting City Clerk City of Palm Desert Page 3 of 3