HomeMy WebLinkAboutCC RES 2018-51RESOLUTION NO. 2018- 51
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 2018/2019
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, 2018 and ending June 30,
2019; 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, 2018 and ending
June 30, 2019, 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. 2018- 51
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, 2018 and ending June 30, 2019.
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, 2018 and ending June 30, 2019.
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. 2018- 51
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 28th day of June , 2018, by the following vote to
wit:
AYES: KELLY, NESTANDE, and HARNIK
NOES: NONE
ABSENT: WEBER and JONATHAN
ABSTAINED: NONE
J HARNIK, ACTING MAYOR
ATTEST:
RAC EL D. KL SEN, ' ITY CL ' K
CITY OF PALM DESERT, CALIFORNI
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