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HomeMy WebLinkAbout21366 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21366 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE ANNEXATION OF "MOUNTAIN GATE ll" (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 FOR FISCAL YEAR 2005-06 WHEREAS, the City Council has by previous Resolutions initiated proceedings and declared its intention to annex the territory known as the "Mountain Gate ll" (Tracts 32028-1 and 32028), (hereafter referred to as "Annexation No. 1"), to the existing Parkway Maintenance District No. 10 ("Mountain Gate"), (hereafter referred to as the "District"), within the City of Palm Springs; and to levy and collect annual assessments commencing with fiscal year 2005/2006, to pay the costs and expenses related to the ongoing operation, maintenance and servicing of landscape improvements and appurtenant facilities related thereto that have been installed in conjunction with the development of properties within Tracts 32028-1 and 32028, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (hereinafter referred to as the "Act"); and, WHEREAS, the Engineer, MuniFinancial, 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 Annexation No. 1, and the City Council did by previous Resolution approve the Engineer's Report; and, WHEREAS, the City Council has caused notices and property owner assessment ballots to be mailed to all property owners of affected properties pursuant to the Act and in accordance with the provisions of California Constitution Article XIIID; and WHEREAS, the City Council following notice duly given, has held a full and fair Public Hearing on July 20, 2005, regarding the annexation of territory identified as "Mountain Gate ll" (Tracts 32028-1 and 32028) to the existing Parkway Maintenance District No. 10, ("Mountain Gate"); the Engineer's Report prepared in connection therewith, and considered all oral and written statements, protests and communications made or filed by interested persons regarding these matters, pursuant to the Act; and has conducted property owner protest proceedings relating to Annexation No. 1, assessments and assessment range formula as described in the Engineer's Report, in accordance with the provisions of the California Constitution Article XIIID. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. 21366 Page 2 Section 1. The above recitals are all true and correct. ' Section 2. The City Council upon the conclusion of the noticed Public Hearing has tabulated the property owner protest ballots returned and received, weighted according to the proportional financial obligation of each affected property ("Weighted Assessment Ballots"). Based on this tabulation, the City Council finds the record owners of property within Annexation No. 1, or others authorized to submit assessment ballots on behalf of the property owners, have approved the proposed assessment, the assessment range formula connected therewith, and the levy and collection of assessments as described in the Engineer's Report. Furthermore, the City Council finds that written majority protest does not exist, pursuant to the provisions of Chapter 2, Article 1, Sections 22593 and 22594 of the Act. Section 3. The City Council desires to annually levy and collect assessments against parcels of land within Annexation No. 1 as part of the existing Parkway Maintenance District No. 10 ("Mountain Gate"), commencing in fiscal year 2005/2006, to pay the costs and expenses of operating, maintaining and servicing the landscape improvements and appurtenant facilities that provide special benefits to the properties within Annexation No. 1 . Section 4. 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 Annexation No. 1 will receive special benefit by the operation, maintenance and servicing of landscape improvements and appurtenant facilities within the boundaries of Annexation No. 1. b) Annexation No. 1 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within Annexation No. 1 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 and that the assessments are levied without regard to property valuation, for the fiscal year commencing July 1, 2005, and ending June 30, 2006. Section 5. The City Council hereby orders the annexation of territory identified as Annexation No. 1 to the existing Parkway Maintenance District No. 10 ("Mountain Gate"), said territory being inclusive of all parcels within the "Mountain Gate ll" development (Tracts 32028-1 and 32028) for fiscal year 2005/2006. Section 6. The City Council hereby orders the proposed .improvements to be made, ' which improvements are briefly described as the operation, administration, maintenance and servicing of all landscape improvements and appurtenant facilities and expenses Resolution No. 21366 Page 3 associated with the landscaped parkway on the north side of State Highway 111 extending the length of Tracts 32028-1 and 32028 installed as part of the development of properties within Annexation No. 1 and will be maintained by the City of Palm Springs through annual assessments. Section 7. The maintenance, operation and servicing of improvements 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 8. The City Treasurer shall deposit all money representing assessments collected by the County for Annexation No. 1 to the credit of a fund for "Zone 2" of Parkway Maintenance District No. 10 ("Mountain Gate"), and such money shall be expended only for the maintenance, operation and servicing of the improvements within Annexation No. 1, as described in the Engineers Report, and generally described in Section 6. Section 9. The adoption of this Resolution constitutes the annexation of territory identified as "Mountain Gate ll" (Tracts 32028-1 and 32028) to Parkway Maintenance District No. 10 ("Mountain Gate"); the establishment of the maximum assessment rate and assessment range formula described in the Engineer's Report and the annual levy of assessments for the fiscal year commencing July 1, 2005, and ending June 30, 2006. Section 10. 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: David H. Ready, Ci y>a lager fines Thompson, City Clerk Resolution No. 21366 Page 4 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. 21366 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. YItymes Thompson, City Clerk of Palm Springs, California 1 1