HomeMy WebLinkAbout21380 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21380
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. 2 ("MCMANUS DRIVE") 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. 2, (hereafter referred to as
"District No. 2") 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.
2, 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. 2 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;
arid,
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. 2 will receive special benefit by the operation,
maintenance and servicing of street lighting and appurtenant facilities within the
boundaries of District No. 2.
b) District No. 2 includes all of the lands receiving such special benefit.
Resolution No. 21380
Page 2
c) The net amount to be assessed upon the lands within District No. 2 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. 2 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. 2 to the credit of a fund for District No. 2, 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. 2 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 nager
ATTEST:
es Thompson, City Clerk '
/ /m
Resolution No. 21380
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. 21380 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 Tem McCulloch and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
�a hes Thompson,pson, City Clerk
C`ity of Palm Springs, California