HomeMy WebLinkAboutCC RES 04-038RESOLUTION NO. 04-38
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 SEVEN (7)
LANDSCAPING AND LIGHTING ZONES AND/OR SUB -ZONES; THE
CONCURRENT ANNEXATION OF SAID TERRITORIES AND ZONES
AND/OR SUB -ZONES INTO THE PALM DESERT CONSOLIDATED
LANDSCAPING AND LIGHTING DISTRICT; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR
FISCAL YEAR 2004/05
WHEREAS, the City Council has ordered the preparation of an Engineer's Report
(hereafter referred to as the "Report") regarding the formation of seven (7) Zones and/or
Sub -Zones (hereafter referred to as the "Zones"), and the concurrent annexation of said
Zones and territories 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 Zones, 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 Zones, as set forth in said Report.
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE ZONES, AS FOLLOWS:
Section 1: That the preceding recitals are all true and correct.
Section 2: That the Report as presented, consists of the following:
a. A Description of Improvements.
b. A Boundary Map of the Zones.
c. The proposed Annual Budgets 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.
RESOLUTION NO. 04-38
e. The proposed initial "Maximum Assessment" (levy per EDU) and an
"Assessment Range Formula" that must be approved by the property
owners pursuant to the California Constitution Article XIIID.
f. The Assessment Roll containing the Levy for each Assessor Parcel
within the Zones commencing Fiscal Year 2004/05.
Section 3: 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.
Section 4: 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.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 13th day of May , 2004, by the following
vote, to wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL
NOES: NONE
ABSENT: FERGUSON
ABSTAINED: NONE
ATTEST:
AC ELLE D. RLASS N, City Clerk
City of Palm Desert, California
ROBERT A. SPIEGeL, Magioa
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