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Home My WebLink About21035 - RESOLUTIONS - 7/21/2004 RESOLUTION NO. 21035 ' OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2004-2005 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 9 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 Palm Springs Parkway Maintenance District No. 9, (hereafter referred to as "District No. 9") for the fiscal year commencing July 1, 2004, and ending June 30, 2005, 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"), to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Engineer has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in connection with the proposed levy and collection of special benefit assessments upon eligible parcels of land within District No. 9, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 9 for the fiscal year commencing July 1, 2004, and ending June 30, 2005, described in the approved Engineer's Report, to pay the costs and expenses of operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer's Report proposes the levying and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Palm Springs, 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 Engineer's 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 Article XIIID of the California Constitution, have approved the assessments so presented. Section 2. Based upon its review (and amendments, as applicable) of the Engineer's ' 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: Resolution 21035 Page 2 a) The land within District No. 9 will receive special benefit by the , operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 9. b) District No. 9 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 9 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, 2004, and ending June 30, 2005. d) The assessment amounts described in the Engineer's Report are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting. Section 3. The Engineer's 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 landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities shall be performed pursuant to the Act and the County Auditor of Riverside County 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 District No. 9 to the credit of a fund for the Palm Springs Parkway Maintenance District No. 9, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 9 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 8. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. ' Resolution 21035 Page 3 ' ADOPTED this 21s` day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA City Clerk City Manager Reviewed and Approved as to Form: 1 Resolution 21035 Page 4 ASSESSMENT DIAGRAM / BOUNDARY MAP , „a .WT a W �INj er Ik I---"P&FM usol•s = �''`` Racquet Club Drive ' -- II{JWy1 ra —!� I Amelia I i.tV N N �� =•Sa6ita a �.< � �� p � n r � ' ^may W CBIla Wa If I .a.*t•'I Y 0 ra Way— I� — Via Escucla I City of Palm Springs ' PARKWAYS MAINTENANCE DISTRICT NO. 9 TRACT NO. 26364 25 FOOT WIDE LANDSCAPED BUFFER STRIP (to ba maialalnad)4 ' City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 8 Resolution 21035 Page 5 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista ASSESSMENT ROLL ' PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" Sunrise Way (Via Escuela to Racquet Club Dr.) FISCAL YEAR 2004-05 FUND NO. 68-2630 ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 501-181-001 $38.96 501-181-002 " 501-181-003 501-181-004 " 501-181-005 " 501-181-006 501-181-007 501-181-010 " 501-181-011 " ' 501-181-012 " 501-181-013 " 501-181-014 " 501-181-015 " 501-181-025 " 501-181-026 " 501-181-027 " 501-181-028 501-181-029 " 501-181-030 " 501-181-049 " 501-181-050 " 501-181-051 ' 501-181-052 " 501-181-053 " �-501-181-054 $38.96 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 10 Resolution 21035 Page 6 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" ' Continued ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 501-181-055 $38.96 501-181-056 501-181-057 " 501-181-058 501-181-059 501-181-060 " 501-181-061 501-181-062 501-181-063 " 501-181-064 " 501-181-065 ' 501-181-066 501-181-067 501-181-068 " 501-181-069 " 501-181-070 501-181-073 501-181-074 " 501-182-006 501-182-007 501-182-008 501-182-009 501-182-010 " 501-182-01 1 " 501-182-012 ' 501-182-013 $38.96 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 11 Resolution 21035 Page 7 City of Palm Springs—Engineer's Report Parkway Maintenance District No. 9, Flora Vista ' PARKWAY MAINTENANCE DISTRICT NO. 9- "Flora Vista Tract" Continued ASSESSOR'S PARCEL NO. ASSESSMENT AMOUNT 501-182-014 $38.96 501-182-015 " 501-182-016 " 501-182-017 " 501-182-018 " 501-182-019 " 501-182-020 " 501-182-021 " 501-182-022 " 501-182-023 " 501-182-024 " 501-182-025 " 501-182-026 " 501-182-027 501-182-028 " 501-182-029 " 501-182-030 " 501-182-031 " 501-182-032 " 501-182-033 " 501-182-034 " 501-182-035 " 501-182-036 " 501-182-037 " ' 501-182-038 501-182-039 $38.96 TOTAL of 77 PARCELS TOTAL= $2,999.92 City of Palm Springs, Parkway Maintenance District No. 9—Engineer's Report Page 12