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HomeMy WebLinkAbout25127RESOLUTION NO. 25127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JULY 24, 2022, REGARDING STREET LIGHTING MAINTENANCE DISTRICT NO. 3, AND PARKWAY MAINTENANCE DISTRICTS NO. 6A, 6C, 7, 8, 9, AND 10 (ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE DISTRICT NO. 12, AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2023/2024 (JULY 1, 2023 TO JUNE 30, 2024) WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter the "City Council"), has by previous Resolution established Street Lighting Maintenance District No. 3 ("Crossley Tract"), Parkway Maintenance District No. 6A ("Fairport Development"), Parkway Maintenance District No. 6C ("Park Sonora Tract"), Parkway Maintenance District No. 7 ("Sunrise Norte Tract"), Parkway Maintenance District No. 8 ("Vintage Palms Tract"), Parkway Maintenance District No. 9 ("Flora Vista"), Parkway Maintenance District No. 10 (Zones 1 and 2) ("Mountain Gate"), and Landscape Maintenance District No. 12 ("Smoke Tree Commons"), (hereafter individually referred to as the "District", or collectively referred to as the "Districts"), pursuant to the provisions of ' the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), that provides for the levy and collection of assessments by the City of Palm Springs to pay for the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, an Engineer's Report for each District, (hereafter referred to as the "Report"), has been prepared and filed with the City Clerk of the City of Palm Springs, (hereafter referred to as the "City Clerk"), and the Report identifies the levy of assessments for Fiscal Year 2023/2024 (hereafter referred to as the "Subject Fiscal Year") in accordance with the Act; and the City Council did by previous Resolution preliminarily approve each Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1: The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within each District for the Subject Fiscal Year in accordance with §22624 of the Act. Section 2: The territory of land within each District consists of non-contiguous, separately established District areas within the incorporated boundaries of the City of Palm Springs, and a full and complete listing of parcels within each District is included in the Report on file with the City Clerk. Resolution No. 25127 Page 2 Section 3: The improvements include the operation, maintenance and servicing of existing street lighting, or streetscape landscaping including parkways and medians as well as public landscaped areas, including turf, ground cover, plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements, and appurtenant facilities and improvements to be provided by the City of Palm Springs in connection with the improvements installed within each District. Detailed maps and descriptions of the location and extent of the improvements to be maintained are included as part of the Report for each District, and by reference is made part of this Resolution. Section 4: The proposed assessments for each District are outlined in the Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within each District, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5: The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements in accordance with §22625 of the Act. Any interested person may file a written protest with the City Clerk prior to the conclusion of the hearing, or having previously filed protest, may file a written ' withdrawal of that protest. A written protest shall state all grounds of objection and protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the Public Hearing, all interested persons shall be afforded the opportunity to hear and be heard. Section 6: Notice is hereby given that a Public Hearing on these matters will be held by the City Council on July 24, 2023, at 6:00 P.M., or as soon thereafter as feasible in the Council Chamber at City Hall, located at 3200 East Tahquitz Canyon Way, Palm Springs, California. Section 7: In accordance with §22552 and §22553 of the Act, the City Clerk shall cause notice to be given of the time and place of the Public Hearing by causing the publishing of this Resolution once in the local paper not less than ten (10) days before the date of the Public Hearing, and by posting a copy of this Resolution on the official bulletin board customarily used by the City Council for the posting of such notices, pursuant to the Act. ADOPTED THIS 29TH DAY OF JUNE 2023. ti colt C.. Stiles, City Manager Resolution No. 25127 Page 3 ATTEST: B enda Pree, City Clerk CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss. CITY OF PALM SPRINGS) I, BRENDA PREE, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 25127 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on June 29, 2023, by the following vote: AYES: Councilmembers deHarte, Holstege, Middleton; Mayor Pro Tern Bernstein; and Mayor Garner NOES: None ABSENT: None , RECUSED: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Palm Springs, California, this day of July 2023. A X--� Brenda ree, MMC, CERA, City Clerk City of Palm Springs, California L