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HomeMy WebLinkAbout20956 - RESOLUTIONS - 6/2/2004 RESOLUTION NO. 20956 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT PROPERTY OWNER BALLOTING ON THE MATTER OF INCREASED ASSESSMENTS FOR FISCAL YEAR 2004- 2005 FOR THE PALM SPRINGS STREET LIGHTING MAINTENANCE DISTRICT NO.4 AND FIXING ATIME AND PLACE FOR HEARING THEREON WHEREAS,the City Council has, by previous Resolutions,formed the Palm Springs Street Lighting Maintenance District No.4 (hereafter referred to as"District No.4")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 the maintenance and services of improvements and all appurtenant facilities and operations related thereto; and WHEREAS, the City Council has, by previous Resolution, preliminarily approved an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with the Act;and in accordance with the requirements of Articles XI I IC and XIIID of the California Constitution; and NOW THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, as follows: Section 1. The improvements within District No. 4 include: street lighting and electrical system; maintenance and repair of appurtenant fixtures necessary for their maintenance within and adjacent to District No.4 boundaries. If appropriate,the Engineer's Report describes all new improvements or substantial changes in the existing improvements. The Engineer's Report, as preliminarily approved by previous Resolution,provides a full and complete description of all improvements and any or all substantial changes to the improvements within District No. 4. Section 2. The boundaries of District No. 4 are generally located within the "Eagle Way Area" between Park Drive on the north, Divot Lane on the west, Birdie Way on the east, and Eagle Way on the south, consisting of Lots 1-5 and 14-51 of Tract 2159, and is designated as District No. 4. Section 3. An assessment ballot proceeding is hereby called on behalf of District No. 4 on the matter of confirming assessments for any property within District No. 4 subject to an increased assessment pursuant to Articles XIIIC and XIIID of the California Constitution. The assessment ballot proceeding for District No. 4 on the matter of increasing the assessments, pursuant to Section 4 of Article XIIID of the California Constitution, consists of a ballot, included with mailed notice, distributed by mail, to the property owners of record. Each property owner's ballot is weighted by the ' amount of their assessment. Each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on the matter on Wednesday, July 21, 2004, beginning at 7:00 p.m. at the City Council Chambers, City of Palm Springs, 3200 EastTahquitz Canyon Way Palm Springs, California 92262. Resolution 20956 Page 2 At the conclusion of the Public Hearing, the City shall tabulate the ballots to ' determine if a majority protest exists. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the Public Hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. Section 4. The proposed assessments are detailed in the Engineer's Report. Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for District No. 4 in accordance with Government Code § 54954.6 and Section 4(e) of Article XIIID of the California Constitution. The City shall give notice of the time and place of the Public Hearing by posting a copy of this resolution on the official bulletin board customarily used by the Council for the posting of notices and by publishing this resolution in a local newspaper pursuant to applicable Government Code as outlined in the Act. As defined by Government Code, §54954 those properties subject to a new or increased assessment shall be mailed a notice of the Public Hearing and a property owner ballot not less than 45 days before the date of the Public Hearing pursuant to Article XIIID of the California Constitution. Property owners being balloted for an increased assessment must return their ballots to the City Clerk prior to the conclusion of the Public Hearing,at which time they will be tabulated. At the Public Hearing, all interested persons shall be permitted to presentwritten and/or oral testimony. Section 6. Notice is hereby given that a Public Hearing on these matters will be held bythe City Council on Wednesday, July 21, 2004, beginning at 7:00 p.m. at the City Council Chambers, City of Palm Springs, 3200 East Tahquitz Canyon Way Palm Springs, California 92262 or as soon thereafter as feasible. ADOPTED this 2"d day of June, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Ma�yiag�sr'