Loading...
HomeMy WebLinkAbout21378 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21378 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 ("BELARDO ROAD AREA") FOR FISCAL YEAR 2005-06 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. 1, (hereafter referred to as "District No. V) for the fiscal year commencing July 1, 2005, and ending June 30, 2006, pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of the State of California, beginning with §18300 (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. 1, 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. 1 for the fiscal year commencing July 1, 2005, and ending June 30, 2006, 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 Engineer's Report proposes the levy and collection of assessments less than or equal to the maximum assessment amounts previously approved by property owner petitioning or balloting. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. 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. 1 will receive special benefit by the operation, maintenance and servicing of street lighting and appurtenant facilities within the boundaries of District No. 1. b) District No. 1 includes all of the lands receiving such special benefit. Resolution No. 21378 Page 2 c) The net amount to be assessed upon the lands within District 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 for the fiscal year commencing July 1, 2005, and ending June 30, 2006. Section 2. All protests, if any, for District No. 1 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 3. 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 4. 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 5. The City Treasurer shall deposit all money representing assessments ' collected by the County for District No. 1 to the credit of a fund for District No. 1, 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 6. The adoption of this Resolution constitutes the District No. 1 levy for the fiscal year commencing July 1 , 2005, and ending June 30, 2006. Section 7. 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. David H. Ready, Ci anager ATTEST: Z7, es Thompson, City Jerk , Resolution No. 21378 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. 21378 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. ties Thompson, City Clerk ity of Palm Springs, California