HomeMy WebLinkAboutCC RES 02-044RESOLUTION. No. 02-44
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE FORMATION OF THE DIAMONDBACK
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 2002/03
WHEREAS, the City Council, desires to form the "Diamondback Landscaping and Lighting
District" (hereafter referred to as the "District") located at Diamondback Road and Hovley Lane
West; and to concurrently annex said District and territory into the "Palm Desert Consolidated
Landscaping and Lighting District", Zone 6 — Diamondback (hereafter referred to as either the
"Consolidated District" or "Zone"), and to levy and collect annual assessments against parcels of land
within said territory commencing with fiscal year 2002/03 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 collect 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, 2002, and ending June 30, 2003, 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 May 9, 2002, 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
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RESOLUTION: No. 02-44
relating to the District, assessments and assessment range formula described in the Engineer's Report
related thereto in accordance with the provisions of the California Constitution Article XIIID.
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:
Furthermore, the City Council finds that written majority protest does not exist,
pursuant to the provisions of Chapter 2, Article 1, Sections 22593 and 22594 of the
Act.
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, 2002
and ending June 30, 2003, to pay the costs and expenses of operating, maintaining and
servicing the landscaping, lighting and appurtenant facilities for the District.
Section 5: 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 filed with the City Clerk, the City Council hereby finds and determines that:
a. The territory of land within District and subsequent Zone within the
Consolidated District will receive special benefits from the operation,
maintenance and servicing of the landscaping, lighting and appurtenant
facilities and improvements related thereto; and,
b. The District and subsequent Zone within the Consolidated District
includes all of the lands so benefited; and,
c. The net amount to be assessed upon the lands within the District and
subsequent Zone of the Consolidated District has been apportioned in
accordance with the proposed budget for the fiscal year commencing July
1, 2002 and ending June 30, 2003 and by a formula and method which
fairly distributes the net amount among all eligible parcels in proportion to
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RESOLUTION: No. 02-44
the special benefits to be received by each parcel from the improvements
and services and that the assessments are levied without regard to
property valuation.
Section 6: 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.
Section 7:
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
2002/03.
Section 8: 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 Diamondback —
Tract 29893 and will be provided by the City of Palm Desert through annual
assessments are namely:
• Parkway and perimeter landscaping adjacent to the development on the
north side of Hovley Lane West, identified as Parcels 622-290-060 (Lot "C") and
622-290-081 (Lot "D") (22,000 sq. ft) on Tract Map No. 29893.
• Street Lighting located at the entrance to the development at the corner of
Hovley Lane West.
• 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.
Section 10:
The City Treasurer shall deposit all money representing assessments collected by the
County for the District to the credit of a fund for the "Diamondback 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.
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RESOLUTION: No . 02-44
Section 11: The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2002 and ending June 30, 2003. However, the assessments so
approved, may be reduced by the City Council 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.
PASSED, APPROVED, AND ADOPTED this 9th day of May 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
I, Shiela R. Gilliean
ss.
, City Clerk of the City of Palm Desert, County of
Riverside, State of California do hereby certify that the foregoing Resolution No. 02-44 was
regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said
council held on the 9th day of Mav , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Mayor, Richard Kelly
City of Palm Deser
l
ity Clerk, .Shei1 R- G1 1 gan
City of Palm Desert
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