HomeMy WebLinkAboutCC RES 03-082RESOLUTION NO.03-82
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING ITS INTENTION FOR THE LEVY
AND COLLECTION OF ASSESSMENTS FOR THE CONSOLIDATED
PALM DESERT LANDSCAPING AND LIGHTING DISTRICT FOR
FISCAL YEAR 2003/04
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 formed the
Consolidated Palm Desert Landscaping and Lighting District (hereafter referred to as the
"District"), and initiated proceedings for Fiscal Year 1999/2000, pursuant to the provisions
of the Landscaping and Lighting Act of 1972, Part 2, Division 15 of the California Streets
and Highways Code (commencing with section 22500) (hereafter referred to as the "Act")
that provides for the levy and collection of assessments by the County of Riverside for the
City of Palm Desert to pay the maintenance and services of all improvements and
facilities related thereto; and,
WHEREAS, all assessments for the District were previously approved in
accordance with the requirements of the California State Constitution, Article XIIID; and,
WHEREAS, the City Council has retained MuniFinancial for the purpose of
assisting with the Annual Levy of the District, and to prepare and file an Engineer's
Annual Levy Report with the City Clerk in accordance with the Act; and,
WHEREAS, there has now been presented to this City Council a Preliminary
Engineer's Report (hereafter referred to as the "Engineer's Report"); and,
WHEREAS, the City Council has carefully examined and reviewed the
Engineer's Report as presented, and is satisfied with the District, each and all of the
budget items and documents as set forth therein, and is satisfied that the proposed
assessments contained therein, have been spread in accordance with the benefits
received from the improvements, operation, 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 Districts, Pursuant to Chapter 3, Section 22624 of the Act, as follows:
Section 1 The above recitals are true and correct.
Section 2
Intention: The City Council hereby declares its intention to seek the annual
levy and collection of assessments within the District pursuant to the Act,
over and including the land within the District boundary, and to levy and
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Resolution No. 03-82
Section 3
collect assessments on all such land to pay the annual costs and expenses
of the improvements and services described in Section 4 of this Resolution,
for Fiscal Year 2003/04. The City Council further declares its intention to
conduct a property owner protest ballot proceeding for all proposed new or
increased assessments that were not previously approved by the affected
property owners in accordance with the requirements of the California
Constitution, Articles XIIID.
Boundaries and Designation: The description of the District boundary and
the Zones therein are outlined in the Engineer's Report and by reference is
made part of this Resolution. The District includes twenty-eight (28) Benefit
Zones and sub zones: Canyon Cove (Zone 2); Vineyards (Zone 3);
Parkview Estates (Zone 4); Cook and Country Club (Zone 5) sub zones are
Desert Mirage, Sandcastles, and Primrose 2; Hovley Lane (Zone 6) sub
zones are Monterey Meadows, The Glen, Hovley Estates, Sonata 1, Sonata
2, Hovley Collection, La Paloma 1, La Paloma I1, La Paloma III, Sandpiper
Court, Sandpiper West and Hovley Court West and Diamondback; Waring
Court (Zone 7); Palm Gate (Zone 8); The Grove (Zone 9); Portola Place
(Zone 11); Palm Desert Country Club (Zone 13); K & B at Palm Desert
(Zone 14); Canyon Crest (Zone 15); and Shepard Lane (Zone 16) sub
zones are College View Estates II and Sundance. The District is designated
as "Consolidated Palm Desert Landscaping and Lighting District."
Section 4 Description of Improvements: The improvements within the District include:
turf, ground cover, shrubs and trees, irrigation systems, street lighting, water
features, entry monuments, drainage systems and all appurtenant facilities
and operations related thereto. The Engineer's Annual Levy Report
describes all new improvements or substantial changes in existing
improvements.
Section 5 Proposed Assessment Amounts: For Fiscal Year 2003/04, the proposed
assessments outlined in the Engineer's Report are within the limits
approved by the property owners. All District assessments are within the
limits previously approved by the property owners and do not constitute an
increase, and do not require property owner approval for an increase in
accordance with the requirements of the California Constitution, Articles
XIIIC and XIIID.
Section 6 Public Hearinq(s): The City Council hereby declares its intention to
conduct a Public Hearing annually concerning the levy of assessments for
the District in accordance with Chapter 3, Section 22626 of the Act.
Section 7 Notice: The City shall give notice of the time and place of the Public
Hearing to all property owners within the District by causing the publishing
of this Resolution once in the local newspaper for two consecutive weeks
not less than ten (10) days before the date of the public hearing, and by
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Resolution No. 03-82
Section 8
posting a copy of this resolution on the official bulletin board customarily
used by the Council for the posting of notices. The City shall mail by first
class mail a notice of the Public Hearing and property owner protest
ballots to all property owners subject to a new or increased assessment,
at least forty-five days prior to the Public Hearing set by this City Council.
Notice Of Public Hearing: Notice is hereby given that a Public Hearing on
these matters will be held by the City Council on June 26, 2003 at 4:00
p.m., or as soon thereafter as feasible in the City Hall (Council
Chambers), located at 73-510 Fred Waring Drive, Palm Desert, California,
92260-2578.
Section 9 The City Clerk is hereby authorized and directed to give notice of such
hearing as provided by law.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held this 12th day of June , 2003.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT)
I, Rachelle D. Klassen City Clerk of the City of Palm Desert, County of
Riverside, State of California do hereby certify that the foregoing Resolution No.
03-82 was regularly adopted by the City Council of said City of Palm Desert at a
regular meeting of said Council held on the 12th day of June 2003, by
the following vote:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
RACHE:LLE D. KLASSEN, CITY
City of Palm Desert, California
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