HomeMy WebLinkAboutCC RES 09-44RESOLUTION NO. 09-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING
THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CONSOLIDATED
PALM DESERT LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2009/10
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve 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 the Consolidated Palm Desert
Landscaping and Lighting District (hereafter referred to as the "District") for the fiscal year commencing July 1,
2009 and ending June 30, 2010; 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 (hereafter
referred to as the "Act") to pay the costs and expenses of operating, maintaining and servicing landscaping,
lighting and appurtenant facilities located within the District; 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 an 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 District, 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 District for the fiscal year commencing July 1, 2009 and ending June 30, 2010, to pay the costs and
expenses of operating, maintaining and servicing landscaping and street lighting improvements and
appurtenant facilities located within the District, and for which assessed properties receive special benefit.
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 the District, the levy and collection of assessments, the Engineer's Annual Levy Report
prepared in connection therewith, and considered any oral and written statements, protests and
communications made or filed by interested persons regarding these matters.
Section 2 Based upon its review (and amendments, as applicable) of the Report, a copy of
which has been presented to the City Council and which has been filed with the City Clerk, the City
Council hereby finds and determines that:
a) The land within the District will receive special benefit by the operation,
maintenance and servicing of landscaping, lighting, and appurtenant facilities
within the boundaries of District.
b) District includes all of the lands receiving such special benefit.
RESOLUTION NO. 09-44
c) The net amount to be assessed upon the lands within the District is in accordance
and apportioned by a formula and method which fairly distributes the net amount
among 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,
2009 and ending June 30, 2010.
Section 3 The Report and assessment as presented to the City Council and on file in the office
of the City Clerk comply with the applicable provisions of the California State Constitution Article
XIIID and are hereby confirmed as filed.
Section 4 The maintenance, operation and servicing of the improvements and appurtenant
facilities shall be performed pursuant to the Act. The City Council hereby orders the proposed
improvements to be made, which improvements are briefly described as the installation,
maintenance, operation, administration and servicing of the landscaping and lighting improvements
including turf, ground cover, shrubs and trees, irrigation systems, street lighting, water features,
ornamental lighting, entry monuments, drainage systems and all appurtenant facilities related thereto.
Section 5 The County Auditor of Riverside County shall enter on the County Assessment Roll
opposite each eligible parcel of land the amount of levy, and such levies shall be collected at the
same time and in the same manner as the County taxes are collected, pursuant to Chapter 4, Article
2, Section 22646 of the Act. 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 District to the credit of a fund for the Consolidated Palm Desert Landscaping and
Lighting District, and such money shall be expended only for the maintenance, operation and
servicing of the landscaping, lighting and appurtenant facilities as described in Section 4.
Section 7 The adoption of this Resolution constitutes the District levy for the fiscal year
commencing July 1, 2009 and ending June 30, 2010.
Section 8 The City Clerk, or their designate, is hereby authorized and directed to file the levy
with the County Auditor upon adoption of this Resolution.
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RESOLUTION NO. 09-44
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this
llth day of June , 2009.
AYES: BENSON, FERGUSON, KELLY, and SPIEGEL
NOES: NONE
ABSENT: FINERTY
ABSTAINED: NONE
ATTEST:
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
4./A.,4‘94,a
Robert A. Speigel, Mayor
City of Palm Desert, California
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