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Home My WebLink About21045 - RESOLUTIONS - 7/21/2004 RESOLUTION NO. 21045 ' 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 STREET LIGHTING MAINTENANCE DISTRICT NO. 4 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 Street Lighting Maintenance District No. 4, (hereafter referred to as "District No. 4") 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 street lighting 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. 4, and the City Council did by previous Resolution approve such Report; and, WHEREAS, the City Council desires to levy and collect assessments against parcels of land within District No. 4 for the fiscal year commencing July 1, 2004, and ending June 30, 2005, to pay the costs and expenses of operation, maintenance, repair and servicing of street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council has previously conducted a property owner protest ballot proceeding for all District No. 4 assessments proposed to be levied for fiscal year 2004-2005, and said assessments are described in the approved Engineer's Report, and the assessments as described comply with all applicable provisions of Article XIIID of the California Constitution. 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 denied the proposed increased assessments so presented. Section 2. Following certification of the results of the tabulation of the valid property owner protest ballots returned by the property owners within District No. 4, the City Council so determined to amend the Engineer's Report such that the previously established maximum assessment shall be levied against parcels of land within District No. 4. Resolution 21045 Page 2 Section 3. 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: a) The land within District No. 4 will receive special benefit by the operation, maintenance and servicing of street lighting and appurtenant facilities within the boundaries of District No. 4. b) District No. 4 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 4 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. Section 4. 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 5. 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 improvements related to street lighting and all appurtenant facilities related thereto. Section 6. The maintenance, operation and servicing of the street lighting 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 7. The City Treasurer shall deposit all money representing assessments collected by the County for District No. 4 to the credit of a fund for the Palm Springs Street Lighting Maintenance District No. 4, and such money shall be expended only for the maintenance, operation and servicing of the street lighting and appurtenant facilities as described in Section 4. Section 8. The adoption of this Resolution constitutes the District No. 4 levy for the fiscal year commencing July 1, 2004, and ending June 30, 2005. Section 9. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Resolution 21045 Page 3 ADOPTED this 21" day of July, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA Ly- City Clerk City Manager Reviewed and Approved as to Form: Resolution 21045 Page 4 City of Palm Springs-Engineer's Report Street Lighting Maintenance District No. 4, Eagle Way Area 52 51 50 49 46 47 I. ♦ .A Y ♦ . 46 PA I DRIVE a 13 14 29 30 45 • ♦ A • SCALE<I"=200' 12 15, 26 31 A.44 W 11 16 Q 27 32 ¢ 43 4 10 17 26 33 ' 42 ♦ ♦ ` A } 9 IS 25 '34 41 a • A A. t- a S. 19 1- 24 35 W 40 O 1 a c n 2 7 2,3 0 23 36 Ib 39 w • ♦ a 6 21 22 37 38 A EAQL& WAY • a ♦ 5 4 3 2 1 SEVEN LAKES DR. > 0 � 0 W w Q � p m WAVERLY Cr DRIVE DISTRICT BOUNDARY O O PROPERTY OWNERS SIGNING PETITION--- • x Q LOCATION OF STREET LIGHTS ----- 0 Q O m Bgsr CO pq�M STREET LIGHT MAINTENANCE f Hfr,HRAYDA IrVON URf� + Df8•TRICT Nit 4 E , 43 PRO'PURTIES FORMED 1086 STREET 'LIGHTING'DISTRICT IN A PORTION OF TRACT No.2159, SECTION SOIT•4•S, R-5•E, S.B.B. O M., IN^THE CITY OF PALM SPRINGS,CA. "Landscaping and Lighting Act of 1972 ' City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 8 Resolution 21045 City of Palm Springs—Engineer's Report Page 5 Street Lighting Maintenance District No. 4, Eagle Way Area RIVERSIDE COUNTY ASSESSMENT ROLL STREET LIGHTING MAINTENANCE DISTRICT NO.4- "EAGLE WAY AREA" FISCAL YEAR 2004-05 FUND NO. 68-2625 ASSESSOR'S PARCEL ASSESSMENT ASSESSOR'S PARCEL ASSESSMENT NUMBER NUMBER 681-141-001-4 $26.26 681-142-009-5 $26.26 681-141-002-5 681-142-010-5 " 681-141-003-6 681-142-011-6 " 681-141-004-7 681-142-012-7 " 681-141-005-8 681-142-013-8 " 681-141-006-9 681-142-014-9 " 681-141-007-0 681-142-015-0 " 681-141-008-1 681-142-016-1 " 681-141-009-2 681-143-001-0 " 681-141-010-2 681-143-002-1 ' 681-141-011-3 ;i 681-143-003-2 681-141-012-4 681-143-004-3 681-141-013-5 681-143-005-4 681-141-014-6 681-143-006-5 " 681-142-001-7 681-143-007-6 " 681-142-002-8 681-143-008-7 " 681-142-003-9 681-144-001-3 " 681-142-004-0 681-144-002-4 " 681-142-005-1 681-144-003-5 " 681-142-006-2 681-144-004-6 " 681-142-007-3 681-144-005-7 $26.26 681-142-008-4 $26.26 TOTAL OF 43 PARCELS DISTR. NO.4 Y. 2004-06 TOTAL= $1,129.18 City of Palm Springs, Lighting Maintenance District No. 4-Engineer's Report Page 10