HomeMy WebLinkAboutCC RES 02-082RESOLUTION NO. 02-82
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 2002/03
The City Council of the City of Palm Desert (hereafter referred to as the "City 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 parcels 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 Landscaping and
Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with
Section 22500 (hereinafter referred to as the "Act') to pay the costs and expenses of operating, maintaining
and servicing landscaping, lighting and appurtenant facilities located within public places in the District;
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 Annual Levy Report
(hereafter referred to as the "Report") in connection with the proposed levy and collection of special
benefit assessments upon eligible parcels of land within District, and the City Council did by previous
Resolution approve such Report; and,
WHEREAS, The City Council desires to levy and collect assessments against parcels of land
within the District for the fiscal year commencing July 1, 2002 and ending June 30, 2003, to pay the costs
and expenses of operating, maintaining and servicing landscaping improvements and street lighting
improvements and appurtenant facilities located within public places in the District; and,
WHEREAS, The City Council has previously conducted a property owner protest ballot
proceeding for all District assessments proposed to be levied for Fiscal Year 2002/03, 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 MID
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 its Resolution approving or amending the Engineer's Annual Levy Report
prepared in connection therewith; the levy and collection of assessments, and considered
all oral and written statements, protests and communications made or filed by interested
persons. The City Council has determined that the property owners in accordance with
the requirements of the California State Constitution, Article XIIID have approved the
assessments so presented.
Page 1
RESOLUTION NO. 02-82
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Based upon its review (and amendments, as applicable) of the Engineer's Annual Levy
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 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 improvements and services for the fiscal year
commencing July 1, 2002 and ending June 30, 2003.
The Report and assessment 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 proposed improvements to be made, which
improvements are briefly described as the maintenance, operation, administration and
servicing of the improvements including turf, ground cover, shrubs and trees, irrigation
systems, street lighting, water features, entry monuments, drainage systems and all
appurtenant facilities related thereto.
The maintenance, operation and servicing 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 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.
The City Treasurer shall deposit all money representing assessments 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.
The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2002 and ending June 30, 2003.
The City Clerk is hereby authorized and directed to file the levy with the County
Auditor upon adoption of this Resolution.
Page 2
RESOLUTION NO. 02-82
PASSED, APPROVED, AND ADOPTED THIS 11 th DAY OF July , 2002.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
Richard Kelly, Mayor
City Council
IRachelle D. Klassen , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 02-82 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 11 th day of
July , 2002, by the following vote:
AYES: BENSON, CRITES, SPIEGEL, KELLY
NOES: NONE
ABSENT: FERGUSON
ABSTAINED: NONE
Rachelle Klassen, City Clerk
City of Palm Desert
Page 3