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HomeMy WebLinkAboutCC RES 04-080RESOLUTION NO. 04-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR SEVERAL OR ALL OF THE SEVEN (7) LANDSCAPING AND LIGHTNG ZONES AND/OR SUBZONES WITHIN THE CITY'S CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2004/2005 The City Council of the City of Palm Desert, California (hereafter referred to as City Council) hereby finds, determines, resolves and orders 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 several or all of the newly formed Zones within the Consolidated Landscaping and Lighting District, (hereafter referred to as the District) for the fiscal year commencing July 1, 2004 and ending June 30, 2005; 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 operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting and all appurtenant facilities and operations related thereto; 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 the 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 the Zones, 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 Zones for the fiscal year commencing July 1, 2004 and ending June 30, 2005, to pay the costs and expenses of operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting, and all appurtenant facilities and operations related thereto; and, WHEREAS, The City Council has previously conducted a property owner protest ballot proceeding for all Zone assessments proposed to be levied for Fiscal Year 2004/2005, 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 XIIID. Resolution NO. 04-80 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 Califomia State Constitution, Article XIIID have approved the assessments so presented. Section 2 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 said Zones will receive special benefit by the operation, maintenance and servicing of landscaping easement areas, street lighting, and appurtenant facilities within the boundaries of District. b) Zones include all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within the Zones 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, 2004 and ending June 30, 2005. Section 3 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. Section 4 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 street lights, turf, ground cover, shrubs and trees, irrigation systems, water features, drainage systems, and all appurtenant facilities related thereto. Section 5 The maintenance, operation and servicing of improvements shall be performed pursuant to the Act and the County Auditor of Riverside County shall enter on the County Assessment Roll opposite each parcel of land the amount of levy, and such levies shall be collected 2 Resolution No. 04-80 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 6 The City Treasurer shall deposit all money representing assessments collected by the County for the Zones to the credit of a fund for the Consolidated Landscaping and Lighting District, and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in Section 4. Section 7 The adoption of this Resolution constitutes the Zone levies for the Fiscal Year commencing July 1, 2004 and ending June 30, 2005. Section 8 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 at a regular meeting of the Palm Desert City Council, held on this 8th day of July , 2004, by the following vote, to wit: AYES:BENSON, CRITES, FERGUSON, BELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAINED: NONE ATTEST: *40`1 ROBERT A. SPIEL , M4c4r RALHELLE D. 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