HomeMy WebLinkAboutCC RES 07-32RESOLUTION NO. 07-32
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 2007/08 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 Califomia 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");
WHEREAS, The City Council pursuant to provisions of the Act proposes to levy
and collect assessments against Tots and parcels of land within the various Zones of the
District for the fiscal year 2007/08, to pay the maintenance, servicing and operation of the
improvements related thereto;
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, 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
RESOLUTION NO. 07-32
the annual costs and expenses of the improvements and services
described in Section 5 of this resolution, for fiscal year 2007/08.
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 2007/08 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
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RESOLUTION NO. 07-32
Section 8
on these matters will be held by the City Council on June 14, 2007
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.
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 less
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 2007/08, 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 10th day of Mav, 2007, by the following vote, to wit:
AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
RA HELL D. KLASSLN, CITY CLERK(
CITY OF PALM DESERT, CALIFORNIA
RD S. KELLY, MAYOR
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