HomeMy WebLinkAboutCC Reso 2016-27 RESOLUTION 2016-27
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CATHEDRAL CITY ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN THE STREET LIGHTING AND LANDSCAPE
MAINTENANCE DISTRICT NO. 1 FOR FISCAL YEAR 2016/2017
The City Council of the City of Cathedral City (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 Street Lighting and Landscape Maintenance District No. 1 (hereafter referred to
as the "District") for the fiscal year commencing July 1, 2016 and ending June 30, 2017;
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
public places in 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, 2016 and ending
June 30, 2017, to pay the costs and expenses of operating, maintaining and servicing
landscaping improvements and street lighting improvements and appurtenant facilities
located within public places in the District; and,
WHEREAS, The City Council has previously conducted a property owner protest
ballot proceeding as part of the formation of the District and any increase in
assessments pursuant to the applicable provisions of the California State Constitution
Article XIIID, and said District assessments proposed to be levied for Fiscal Year
2016/2017 are described in the approved Report.
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 its Resolution approving or amending the Report
prepared in connection therewith; the levy and collection of assessments,
and considered all oral and written statements, protests and
communications made or filed by interested persons. The City Council has
determined that the property owners in accordance with the requirements of
the California State Constitution, Article XIIID have approved the
assessments so presented.
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 District will receive special benefit by the operation,
maintenance and servicing of landscaping, lighting, and
appurtenant facilities within the boundaries of District.
b) The 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 all 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, 2016 and ending June 30, 2017.
Section 3: The Report and assessment as presented to the City Council and on file in
the office of the City Clerk are hereby confirmed as filed.
Section 4: The City Council hereby orders the proposed improvements to be made,
which improvements are briefly described as the maintenance, operation,
administration and servicing of the improvements including turf, ground
cover, shrubs and trees, irrigation systems, street lighting, water features,
entry monuments, drainage systems and all appurtenant facilities related
thereto.
Section 5: The maintenance, operation and servicing of the landscaping, lighting and
appurtenant facilities shall be performed pursuant to the Act and the County
Auditor of Riverside shall enter on the County Assessment Roll opposite
each 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.
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 Street
Lighting and Landscape Maintenance District No. 1, 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, 2016 and ending June 30, 2017.
Section 8: The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED THIS 25TH DAY OF MAY, 2016.
Stanley Henry, Mayor
ATTEST: APPROVED AS TO FORM:
Gai '. Howell, ity Clerk Eric S. Vail, City Attorney
I, GARY F. HOWELL, CITY CLERK of the City of Cathedral City, do hereby certify that
the foregoing Resolution was introduced and adopted at a regular meeting of the City Council of
the City of Cathedral City held on the 25th day of May, 2016 by the following vote:
AYES: Council Members Aguilar, Carnevale and Kaplan; Mayor Pro Tem
Pettis and Mayor Henry
NOES: None
ABSENT: None
ABSTAIN: None
W f■
ary F, Howell, Ci Clerk