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HomeMy WebLinkAboutCC RES 04-015RESOLUTION NO. 04-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO PRELIMINARILY APPROVE ENGINEER'S REPORT, FISCAL YEAR 2004/05, FOR THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT WHEREAS, the City Council has, by previous Resolutions, formed the Palm Desert Consolidated Landscaping and Lighting Maintenance Assessment District (hereinafter referred to as the "District"), and initiated proceedings for Fiscal Year 2004/05 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 (hereinafter referred to as the "Act"). WHEREAS, said Act 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, the City Council has retained MuniFinancial for the purpose of assisting with the establishment of increased assessments and to assist the City with the preparation of an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act, and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID; and WHEREAS, there has now been presented to this City Council the Engineer's Report for the Palm Desert Consolidated Landscaping and Lighting Maintenance Assessment District, Fiscal Year 2004/05 (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 preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the assessments 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, FOR PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING MAINTENANCE ASSESSMENT DISTRICT, AS FOLLOWS: Section 1 The above recitals are all true and correct. Section 2 That Engineer's Report as presented, consists of the following: 1 Section 3 Section 4 RESOLUTION NO. 04-15 a. A Description of the District and Improvements; and, b. The Annual Budget (Costs and Expenses of Services, Operation and Maintenance); and, c. The method of apportionment for calculating the assessment for each of the assessed parcels and/or a collection roll containing the proposed levy amount for each assessed parcel within the Zones to be balloted for Fiscal Year 2004/05. The Engineer's Report is hereby preliminarily approved, and the assessment amounts so described are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. All property owners subject to an increased assessment shall be balloted pursuant to the California Constitution Article XIIID. This Engineer's Report is hereby 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 of the Engineer's Report. 2 RESOLUTION NO. 04-15 PASSED, APPROVED, AND ADOPTED this 26th day of February . 2004. STATE OF CALIFORNIA) COUNTY OF RIVERSIDE) ss. CITY OF PALM DESERT) Robert A. Spiegel ay City of Palm Desert 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. 04-15 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 26th day of February . 2004, by the following vote: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAINED: NONE 3 c Qr;21:3 Rachelle D. Klassen, City Clerk City of Palm Desert