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Home My WebLink About18254 - RESOLUTIONS - 12/15/1993 1 RESOLUTION 1140. 18254 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS CALIFORNIA, APPROVING ENGINEER'S REPORT', AND DECLARING ITS INTENTION TO ORDER CERTAIN MAINTENANCE OF EXISTING PARKS, PARKWAYS AND SAFETY LIGHTING FOR A.PROPOSED CITY-WIDE PARKS AND SAFETY LIGHTING DISTRICT, UNDER 1972 ACT PROCEEDINGS, FOR THE FISCAL YEAR BEGINNING JULY 1, 1994 AND APPOINTING A TIME AND PLACE FOR HEARING PROTESTS IN RELATION THERETO (PUBLIC HEARING: FEBRUARY 23, 1994). WHEREAS the City Council of the City of Palm Springs proposes to form a City-wide Parks and +i Safety Lighting maintenance district pursuant to the. "Landscaping and Lighting Act of 1972, of the State of California, Part 2 of Division 15, Section 22500, et seq. of the Streets and Highways Code of said State; and 1 WHEREAS the purposes of the district are the maintenance, operation, servicing, reconstruction and construction of improvements including parks, medians, parkways, recreational facilities and equipment, open space, landscaping, lighting (including street safety and traffic signals), irrigation, paving, graffiti removal and any other purposes set forth in Streets and Highways Code; Sections 22500 et seq., all with the City of Palm Springs; and , WHEREAS the boundaries of the proposed City-wide Parks and Safety Lighting maintenance district shall be the entire City limits of the City of Palm Springs; and WHEREAS the title of said proposed maintenance district shall be: "Palm Springs City-wide Parks and Safety Lighting Maintenance District;" and WHEREAS on October 6, 1993, the City Council approved a consulting engineer's contract with ,+ BSI, Consultants, Inc., naming BSI as the Assessment Engineer and firm responsible for preparing the ]Engineer's Report and assisting in the public hearing and formation process for the proposed City-wide Parks and Safety Lighting Maintenance District, and WHEREAS, the Engineer's Report has been duly presented by the City Clerk to the City Council / for consideration and has been fully considered by the City Council. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: Section I. That City Council of the City of Palm Springs proposes to form a "City-wide Parks and Safety Lighting Maintenance District" pursuant to the "Landscaping and Lighting Act of 1972, of the State of California, Part 2 of Division 15, Section 22500, et seq. of the Streets and Highways Code of said State. The boundaries of said district shall be the entire City limits of the City of Palm Springs. Section 2. That purposes of the district are; for the maintenance, operation, servicing, reconstruction and construction of improvements including parks, medians, parkways, recreational facilities and equipment, open space, landscaping, lighting (including street safety and traffic signals), irrigation, paving, graffiti removal and any other purposes set forth in Streets and Highways Code Sections 22500 et seq., all with the City of Palm Springs; and Resolution No. 18254 3 . City-wide Assessment District — Declaring Intention Page 2 Section 3. That on October 6, 1993, BSI Consultants, Inc. was designated Assessment Engineer for the proposed City-wide Parkways and Safety Lighting Maintenance District and is responsible for assisting in these formation proceedings by: (1) completing a "Feasibility Study" for a City-wide Parks and Safety Lighting Maintenance District, which will include an estimate of all eligible City maintenance costs, equivalent dwelling unit (EDU) formula calculations and options for property owner's annual assessment costs, (2) completing a formal Engineer's Report" for City Council's review, consideration and adoption, (3) attending property owner neighborhood workshops, public meetings and the public hearing for the proposed City-wide maintenance district, and (4) placing assessments on the County tax roll. Section 4. That the public interest and convenience require, and that it is the intention of the City Council of the City of Palm Springs, California, to order certain landscaping and " lighting within and on certain parks, open spaces and public right-of-way within the boundaries of the District DIAGRAM on file in the office of the City Clerk, to be installed and maintained for the fiscal year beginning July 1, 1994. All of the improvements and maintenance above specified shall be done in accordance with the report of the Assessment Engineer dated December 6, 1993, on file in the -� office of the City Clerk and which is hereby referred to and by this reference incorporated herein and made a part hereof. Section 5. That the Engineer's Report, a diagram for the maintenance district and an assessment of the estimated costs of the improvements, is hereby approved as filed. Section 6. To expedite the making of said improvements and maintenance, the City Council may at any time transfer into the Palm Springs City-Wide Parks and Safety Lighting Maintenance District Fund from the General Fund, such sums as it shall deem necessary and the sums so transferred shall be deemed a loan to such District Fund and shall be repaid out of the proceeds of the assessments provided for in this resolution, and pursuant to the provisions of Section 22657, California Streets and Highways Code, "Landscaping and Lighting Act of 1972," referred to herein. Section 7. That said contemplated improvements and maintenance, in the opinion of the City Council, is of more than ordinary benefit, and said Council hereby makes the expense of said improvements and maintenance chargeable upon a district, which district said Council hereby declares to be the district benefitted by said improvements and maintenance, and to be assessed to pay the City of Palm Springs. Said District is as shown on the District DIAGRAM on file in the office of the City Clerk, on which DIAGRAM the extent of said assessment district is indicated,which is the entire City limits of the City of Palm Springs. Reference is hereby made to said DIAGRAM for a complete and detailed description of said District. The said DIAGRAM so on file shall govern for all details as to the extent of said assessment district. Section 8. Any lots or parcels of land known as public property, as the same is defined in Section 22663, Part 2, Division 15, Streets and Highways Code, (Landscaping and Lighting Act of 1972"), hereinafter referred to, which are included in the said assessment district, shall be omitted and exempt from the assessment to be made to Resolution No. 18254 City-wide Assessment District — Declaring Intention Page 3 cover the costs and expenses of said contemplated improvements and maintenance. ' Section 9. That Wednesday, the 23rd of February, 1994, at the hour oaf 7:30 P.M. of said day be and the same is hereby appointed as the time, and the Palm Springs High School Auditorium located at 2248 East Ramon Road, in the City of Palm Springs, California, is hereby appointed as the place for hearing protests as to the question of formation of the assessment district and levy of the proposed assessment, in reference to said improvements and maintenance. Section 10. That the City Clerk is hereby authorized, designated and directed to give notice of said hearing in time, form and manner as required by law. Section 11. The City Clerk of the City of Palm Springs shall certify to the adoption of this resolution. ADOPTED this 15th day of December , 1993. AYES: Members Lyons, Reller-Spurgin and Mayor Maryanov NOES: Members Hdoges and Schlendorf ABSENT: None ATTEST: Crr OF PALM SP )2ALIFORNIA Yl' `J City Clerk M ger REVIEWED & APPROVED: Y ,363 '.. •