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HomeMy WebLinkAbout21365 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21365 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S ANNUAL LEVY REPORT REGARDING THE ANNEXATION OF "MOUNTAIN GATE II" (TRACTS 32028-1 AND 32028) TO THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10 ("MOUNTAIN GATE"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING IN FISCAL YEAR 2005-06 WHEREAS, the City Council in accordance with the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), did by previous Resolution order the Engineer, MuniFinancial, to prepare and file an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in accordance with Article 4 of Chapter 1 of Part 2 of Division 15 of the California Streets and Highways Code, commencing Wth Section 22565, in connection with the annexation of territory known as "Mountain Gate II" (Tracts 32028-1 and 32028), (hereafter referred to as "Annexation No. 1"), to the Palm Springs Parkway Maintenance District No. 10 ("Mountain Gate"), (hereafter referred to as the "District"); and the proposed levy and collection of assessments related thereto commencing with fiscal year 2005/2006, said fiscal year beginning July 1, 2005 and ending June 30, 2006; and, WHEREAS, the Engineer has prepared and filed the Engineer's Report with the City Clerk, and the City Clerk has presented to the City Council the Engineer's Report; and, WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in the Engineer's Report. WHEREAS, the City Council further finds that the assessments as described in the Report have been presented to the property owners of record as part of a protest ballot proceeding conducted pursuant to the provisions of the California Constitution Article XIIID; and that said property owners approved the assessments so described, including the maximum assessment and assessment range formula as outlined in the Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The above recitals are all true and correct. Resolution No. 21365 Page 2 Section 2. That the Engineer's Report as presented, consists of the following: ' 2a. A description of Annexation No. 1 and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within Annexation No. 1 from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment, including the establishment of a maximum assessment rate and assessment range formula, for fiscal year 2005/2006. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of Annexation No. 1. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise Annexation No. 1 and the proportional maximum assessment and first year's assessment for fiscal year 2005/2006. Section 3. The Engineer's Report as presented, is hereby approved, and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation and final approval of the Engineer's Report. ADOPTED this 20th day of July 2005. David H. Ready, C anager ATTEST: ;jIes Thompson, City Clerk Resolution No. 21365 Page 3 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. 21365 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: Councilmember Foat, Councilmember Pougnet, Councilmember Mills, Mayor Pro Tern McCulloch and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. Yames Thompson, City Clerk of Palm Springs, California