HomeMy WebLinkAboutCC RES 2013-46RESOLUTION NO. 2013- 46
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN THE CONSOLIDATED PALM DESERT
LANDSCAPING AND LIGHTING DISTRICT, FISCAL YEAR 2013/2014
The City Council of the City of Palm Desert (hereinafter 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 (hereinafter
referred to as the "District") for the fiscal year commencing July 1, 2013, and ending
June 30, 2014; 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
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 (hereinafter 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, 2013, and ending
June 30, 2014, 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:
RESOLUTION NO. 2013- 46
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.
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, 2013, and ending June 30, 2014.
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
Califomia 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,
omamental 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, 2013, and ending June 30, 2014.
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RESOLUTION NO. 2013- 46
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.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, Califomia, at its regular meeting held on the 27th day of June
2013, by the following vote, to wit:
AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RAHE E s—' SEN, ITY CLERK
CITY OF PALM DESERT, CALIFORNIA
N C. HARNIK, MAYOR
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