HomeMy WebLinkAbout21454 - RESOLUTIONS - 11/16/2005 RESOLUTION NO.21454
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, REPEALING AND REPLACING
RESOLUTION NO. 21071 AND ADOPTING AN
APPROPRIATIONS LIMIT FOR THE FISCAL YEAR ENDING
JUNE 30, 2005.
WHEREAS, Article XIII-B of the California Constitution provides that the State and each
local government shall be subject to an appropriations limit, to govern the maximum
arnount of each entity's appropriations subject to limitation, in any fiscal year, as the same
are defined in Article XIII-B; and
WHEREAS, California Government Code Section 7910 provides for the annual
establishment by local jurisdictions of their appropriations limit for each fiscal year, and
further provides that upon establishment of such appropriations limit any judicial action or
proceeding to attack, review, set aside, void, or annul such action by the City Council must
be commenced within forty-five (45) days of the effective date of the resolution establishing
the appropriations limit; and
WHEREAS, on September 1, 2004, the City Council of the City of Palm Springs adopted
Resolution 21071 setting the appropriations limit for Fiscal Year 2004-05; and
WHEREAS, the appropriation limit was calculated by using several different factors
including per capita income and population growth; and
WHEREAS, the City's auditors have determined that the appropriation limit established by
Resolution 21071 was calculated using an incorrect factor resulting in a higher
appropriations limit than allowed by statute; and
WHEREAS, the City desires to formally correct the appropriations limit for the Fiscal Year
ending June 30, 2005.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The City Council hereby repeals Resolution 21071 in its entirety.
Section 2. The appropriations limit for the City of Palm Springs, pursuant to Article XIII-B
of the Constitution, for the fiscal year ending June 30, 2005, is hereby set at $94,962,486.
Section 3. The City reserves the right to adjust or amend the appropriations limit based
upon the use of alternative growth factors as authorized by statute if such changes or
revisions would result in a more advantageous appropriation limit, now or in the future.
Section 4. Notice is hereby given that any judicial action or proceeding to attack, review,
set aside, void or annul this action shall be commenced within 45 days of the effective date
of this resolution.
Resolution No. 21454
Page 2
Section 5. The City Clerk shall certify to the adoption of the Resolution, and thenceforth
and thereafter the same shall be in full force and effect.
ADOPTED this 16" day of November, 2005.
David H. Ready, City a a
ATTEST: G
James 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. 21454 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 November 16, 2005, by the
following vote:
AYES: Councilmembers Foat, Mills, Pougnet, Mayor Pro Tern McCulloch and Mayor
Oden
NOES: None
ABSENT: None
ABSTAIN: None )
,Ja es Thompson, City Clerk
,-City of Palm Springs, California