HomeMy WebLinkAboutCC RES 06-080RESOLUTION NO. 06-80
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 2006/07 AND PRELIMINARY APPROVAL OF THE
ENGINEER'S REPORT
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, The City Council pursuant to 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") did by previous
resolution, order the preparation of an Engineer's Report (hereafter referred to as the
"Report") for the District known and designated as the Consolidated Palm Desert
Landscaping and Lighting District (hereafter referred to as the "District"); and,
WHEREAS, The City Council pursuant to provisions of the Act proposes to levy
and collect assessments against lots and parcels of land within the various Zones of the
District for the fiscal year 2006/07, to pay the maintenance, servicing and operation of the
improvements related thereto; and,
WHEREAS, MuniFinancial has prepared and filed a Report with the City Clerk
pursuant to Section 22623 of the Act, and said Report has been presented to City Council
and is hereby incorporated by reference; and,
WHEREAS, The City Council has examined and reviewed the Report as
presented, and is preliminarily satisfied with the description of the District, the Zones
and improvements identified therein, each 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 special benefits received from the improvements,
operation, maintenance and services to be performed within the District, as set forth in
said Report or as modified by City Council action and incorporated herein.
NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL FOR THE DISTRICT, 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 order 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
collect assessments on such land to pay the annual costs and expenses of
the improvements and services described in Section 5 of this resolution, for
fiscal year 2006/07.
RESOLUTION NO. 06-80
Section 3 The Report has been prepared and filed with the City Clerk. The City Clerk
has presented to the City Council, a Report in connection with the proposed
improvements, assessments, the levy and collection of assessments for
fiscal year 2006/07 in accordance with Chapter 1, Article 4 of the Act, and is
hereby approved, as required by Section 22623 of the Act, on a preliminary
basis.
Section 4 Boundaries and Designation: The description of the District boundary and
the Zones therein are outlined in the Report and by reference is made part
of this resolution. The District includes thirty-three (33) 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 I, Sonata II, Hovley
Collection, La Paloma I, La Paloma II, La Paloma III, Sandpiper Court,
Sandpiper West, Hovley Court West, Diamondback and Palm Court;
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 I, College View Estates II, Sundance
East, Sundance West, Petunia I and Boulders. The District is designated as
"Consolidated Palm Desert Landscaping and Lighting District."
Section 5 Description of Improvements: Reference is hereby made to the Report for a
detailed description of the improvements. The improvements within the
District include but are not limited to: turf, ground cover, shrubs and trees,
irrigation systems, street lighting, water features, entry monuments,
drainage systems and all appurtenant facilities and operations related
thereto.
Section 6 Proposed Assessment Amounts: The proposed assessments are outlined
in the Report. District Assessments are calculated in accordance with the
method of apportionment established for the District and do not exceed
the assessment rates and annual inflationary adjustment previously
authorized by City Council and approved by the property owners in
accordance with the provisions of the California State Constitution, Article
XIIID.
Section 7 Notice Of Public Hearing: The City Council hereby declares its intention to
conduct a Public Hearing concerning the District, improvements, and the
levy of assessments, in accordance with Chapter 3 of the Act. Notice is
hereby given that a Public Hearing on these matters will be held by the
City Council on June 22, 2006 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. At the Public Hearing, all interested
persons shall be afforded the opportunity to hear and be heard.
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RESOLUTION NO. 06-80
Section 8 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 not Tess than ten (10) days
before the date of the public hearing, and by posting a copy of this
resolution on the official bulletin board customarily used by the City
Council for the posting of notices pursuant to the Act. For fiscal year
2006/07, no new or increased assessments are proposed and a mailing of
a notice and ballot to property owners is not required.
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 on this 8th_ day of June , 2006, by the following vote to
wit:
AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
CHELLE D. LASS N, CITY CLERk
CITY OF PALM DESERT, CALIFORNIA
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