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HomeMy WebLinkAboutCC RES 02-100RESOLUTION NO. 02-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, FOR PRELIMINARY APPROVAL OF THE ENGINEER'S REPORT REGARDING THE FORMATION OF THE SUNDANCE/SHEPHERD LANE 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 COMMENCING WITH FISCAL YEAR 2003/2004 WHEREAS, the City Council has, by previous Resolution, ordered the preparation of an Engineer's Report (hereafter referred to as the "Report") regarding the formation of an assessment district to be designated as the "Sundance/Shepherd Lane Landscaping and Lighting District" (hereafter referred to as the "District") located along Shepherd Lane, west of Portola Avenue, south of Gerald Ford Drive, north of Frank Sinatra Drive and generally east of Monterey Avenue; and the concurrent annexation of said District and territory therein, into the Palm Desert Consolidated Landscaping and Lighting District (hereafter referred to as the "Consolidated District"), and the levy and collection of assessments, pursuant to the provisions of 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, there has now been presented to this City Council the Report as required by Chapter 2, Article 1, Section 22586 of said Act; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits received from the improvements, operation, administration, maintenance and services to be performed within the District, as set forth in said Report. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: That the preceding recitals are all true and correct. Section 2: That the Report as presented, consists of the following: Page 1 of 3 RESOLUTION: 02- 100 Section 3: Section 4: a. A Description of Improvements. b. A Boundary Diagram of the District. c. The proposed Annual Budget for the first fiscal year (Costs and Expenses). d. The Method of Apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. e. The proposed initial "Maximum Assessment" (levy per EBU) and an "Assessment Range Formula" that must be approved by the property owners pursuant to the California Constitution Article XIIID. f. The District Roll containing the initial Maximum Assessment for each Assessor Parcel within the District commencing fiscal year 2003/2004. The Report is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. The Maximum Assessment and Assessment Range Formula described in the Report are hereby approved on a preliminary basis, and shall be submitted to the property owners within the District for approval pursuant to the provisions of the California Constitution Article XIIID (Proposition 218). Section 5: The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report. Page 2 of 3 RESOLUTION: 02- i 02 PASSED, APPROVED, AND ADOPTED this 22nd day of August 2002. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF PALM DESERT ss. I, Sheila R. Gilligan, Acting City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-100 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 22nd day of August , 2002 by the following vote: AYES: CRITES, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: BENSON ABSTAINED: NONE C Mayo , ' ichard Kelly City of Palm Desert ,City Clerk, Rach- le D. as City of Palm Desert Page 3 of 3