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HomeMy WebLinkAbout19099 - RESOLUTIONS - 7/30/1997 RESOLUTION NO. 19099 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DETERMINING THAT NO MAJORITY PROTEST EXISTS ON THE SPREAD OF ANNUAL ASSESSMENTS, CONFIRMING THE ENGINEER'S REPORT, ' DIAGRAM AND ASSESSMENT SPREAD AND APPROVING TIE ASSESSMENT FOR PARKWAY MAINTENANCE DISTRICT NO. 9 "FLORA VISTA" TRACT 26364, ALONG SUNRISE WAY (VIA ESCUELA TO RACQUET CLUB), FOR FISCAL YEAR 1997/98. WHEREAS in accordance with the provisions of the Landscaping and Lighting Act of 1972 and Article XIIID of the California Constitution, that the Engineer of Work has determined the estimated maintenance costs for the first year in order to prepare the annual spread of assessment; and WHEREAS notice duly was given by publication, mailed notice to the record owners of each parcel and a hearing duly conducted on July 30, 1997, not more than 45 days after mailing the notice, at which all persons interested testified on Parkways Maintenance District No. 9; and WHEREAS the notice included the total amount chargeable to the District; the amount chargeable to the particular parcel; the duration of payments; the reason for the assessment; the basis upon which the amount was calculated; written ballots and procedures for completion, return and tabulation of the ballots; and the time, date and place of the hearing; and WHEREAS written ballots received in favor of the assessment exceed those in opposition, weighted according to proportional financial obligations; and WHEREAS spread of assessment shall be forwarded to the County Tax Collector who, in turn, shall place this assessment on the County Tax Roll. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs as follows: Section 1. Description of work: To maintain the landscaped parkway (buffer-strip 25' wide by iipproximately 1250' long) to be installed by the developer of Tract 26364 "Flora Vista" along the west side of Sunrise Way (Via Escuela to Racquet Club). Said maintenance work as described in detail in the Engineer's Report. Section 2. That the City Council finds: a) Only the special benefit to each parcel of the capital improvements, or operation and maintenance expense is assessed. b) The amount of the assessment does not exceed the reasonable cost of the special benefit. c) The assessment is supported by a detailed Engineer's Report. Section 3. That a majority protest does not exist as a majority of the ballots returned favor Parlovays Maintenance District No. 9. 7%. Section 4. The improvements, assessment amount, spread of assessment and the diagram as set out in the engineer's report are hereby confirmed for fiscal year 1997/98. R19099 Page 2 �Z Section 5. The City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector, together with a certified copy of this Resolution upon its adoption and the auditor is requested to collect such assessments on the tax roll in the same manner and subject to the same penalties for non-payment as are county property taxes. Section 6. This project is statutorily exempt from CEQA under Section 15273 of the ' guidelines as an ongoing maintenance charge. All work is in accordance with the Landscaping and Lighting Act of 1972 (Part 2 of Division 15), Section 22500 of the Streets and Highways Code and Article XIIID, Section 4 of the California Constitution (Proposition 218). ADOPTED this 30th day of July 1997, AYES: Members Barnes, Hodges, , Oden, Spurgin and Mayor Kleindienst NOES: None one ABSENT: N ATTEST: CIT4OF PALM[ SP S C IFORNIA By �� City Clerk City Manag r REVIEWED & APPROVED: 'e/' �u DATE: June 4, 1997 AGENCY: City of Patin Springs PROJECT: Parkways Maintenance District No. 9 "Flora Vista" Tract 26364 (Sunrise Way and Racquet Club Drive) FISCAL YEAR: July 1, 1997 through June 30, 1998 FROM: David J. Barakian, City Engineer ' ENGINEER'S REPORT A. PARKWAY MAINTENANCE (25' Buffer Strip) ANNUAL COSTS I. a. Sunrise Way - West Side (Via Escuela-Racquet Club) $6,408.00 (25 feel wide by 1250 feet long landscaped buffer) (Maintenance Cost by Landscape West, Inc. which includes the maintenance of trees, plants, ground cover, sprinklers, time clocks and all other related landscape maintenance covered in the maintenance contract.) (See 4/9/97 proposal.) b. Annual Tree Trimming (by Landscape West, Inc.) 2,230.00 (See 6/14/97 proposal) 2. a. Sprinkler Controllers 500.00 (SCE Estimated Costs) b. Desert Water Agency Costs 6,000.00 (Estimated Water Costs) SUBTOTAL 1 & 2 $15,138.00 3. a. Maintenance, Parts and Repairs 756.90 (Estimated 5%) b. City Administration Costs (Est. 10%) 1,513.80 TOTAL COSTS ESTIMATED FOR 1997/98 17,408.70 B. NUMBER OF PARCELS IN DISTRICT - 77 C. ANNUAL COSTS PER EACH PARCEL (AMOUNTS TO (ASSESSMENT) Lots 1 through 77-Tract No. 26364 (Each) $226.09 D. See Account No. It 1-320-0454-7159 for budget detail E. This report has been prepared pursuant to the "Landscaping and Lighting Act of 1972" and Article X1IID, Section 4, of the California Constitution (Proposition 218). As required by said Act, a diagram is attached hereto showing the Maintenance District and the boundaries and dimensions of the respective parcels of land within said District as the same existed at the time of the adoption of the Resolution of Intention and the initiation of these proceedings, and each parcel has been given a separate number upon said diagram. NA3 Page 1 of 2 ASSESSMENT DIAGRAM / BOUNDARY MAP I Prepared 6/4197 71LOCY 110. Il �!� / I I l031AI r tiro 10501.3 7AACY Nq lase` \J ;7 , 110. Racquet Club Drive = — *ll � 4 5 act e7 M •r� / I I ill Amelia Way - m\I II d n ! .r. �� ^rs t`•7 ;— �= Sbita Way _ r I d r Lorena Wact yj OF --_J I _ r /d 11 , a� ♦ � �Le � l I 5 foul high luasonry divider will --- w�--` Via Escea TRAC-r N0, i>✓ ul '7II —UCSFJI r 11\I 10594 fi City of Pallas Springs PARKWAYS MAINTENANCE DISTRICT NO. 9 TRACT NO. 26364 "Flora Vista" 25 FOOT WIDE LANDSCAPED BUFFER STRIP ( to be maintained)= Em