HomeMy WebLinkAbout21358 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21358
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF PALM SPRINGS, CALIFORNIA,
ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS WITHIN PARKWAY MAIN-
TENANCE DISTRICT NO. 8 ("VINTAGE PALMS")
FOR FISCAL YEAR 2005/2006
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. 8, (hereafter
referred to as "District No. 8") for the fiscal year commencing July 1, 2005, and
ending June 30, 2006, 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 landscape
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. 8, 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. 8 for the fiscal year commencing July 1, 2005, and
ending June 30, 2006, described in the approved Engineer's Report, to pay the
costs and expenses of operation, maintenance, repair and servicing of landscape
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.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE 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
Resolution No. 21358
Page 2
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:
a) The land within District No. 8 will receive special benefit by the
operation, maintenance and servicing of landscape
improvements and appurtenant facilities within the boundaries
of District No. 8.
b) District No. 8 includes all of the lands receiving such special
benefit.
c) The net amount to be assessed upon the lands within District
No. 8 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, 2005, and ending June 30, 2006.
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. All protests, if any, for District No. 8 are hereby overruled, and 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 improvements related
to parkway landscaping and all appurtenant facilities related thereto.
Section 5. The maintenance, operation and servicing of the landscape
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. 8 to the credit of a fund for
Resolution No. 21358
Page 3
District No. 8, and such money shall be expended only for the
maintenance, operation and servicing of the landscape improvements
and appurtenant facilities as described in Section 4.
Section 7. The adoption of this Resolution constitutes the District No. 8 levy for
the fiscal year commencing July 1, 2005, and ending June 30, 2006.
Section 8. The City Clerk is hereby authorized and directed to file the levy with
the County Auditor upon adoption of this Resolution.
ADOPTED THIS 20th day of July, 2005.
ATTEST: �nDavid H. Ready, Citnager
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21358 is a full, true and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Springs on July 20, 2005,
by the following vote:
AYES: Members Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None �{
ames Thompson, City Clerk
City of Palm Springs, California