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HomeMy WebLinkAboutCC RES 2010-53RESOLUTION NO. 2010-53 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 2010/2011 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, 2010 and ending June 30, 2011; 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, 2010 and ending June 30, 2011, 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. 2010-53 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, 2010 and ending June 30. 2011. 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, 2010 and ending June 30, 2011. 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 2 RESOLUTION NO. 2010-53 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 24th day of June , 2010. AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: FINERTY ABSTAINED: NONE ATTEST: RACHELLE D. KLASSEN. Ci y Clerk City of Palm Desert, California r Pro-Tempore 3