HomeMy WebLinkAbout21590 - RESOLUTIONS - 5/24/2006 RESOLUTION NO. 21590
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION
TO CONDUCT PROPERTY OWNER BALLOTING ON THE
MATTER OF INCREASED ASSESSMENTS FOR FISCAL
YEAR 2006-07 FOR THE PALM SPRINGS STREET
LIGHTING MAINTENANCE DISTRICT NO. 2 AND FIXING A
TIME AND PLACE FOR A PUBLIC HEARING THEREON.
WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Street
Lighting Maintenance District No. 2 (hereafter referred to as "District No. 2") pursuant to
the provisions of 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"), that provides for the levy and collection of assessments by the City of Palm
Springs to pay the maintenance and services of improvements and all appurtenant
facilities and operations related thereto; and
WHEREAS, the City Council has, by previous Resolution, preliminarily approved an
Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") in
accordance with the Act; and in accordance with the requirements of Articles XIIIC and
XIIID of the California Constitution
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. The improvements within District No. 2 include: street lighting and electrical
system; maintenance and repair of appurtenant fixtures necessary for their maintenance
within and adjacent to District No. 2 boundaries. If appropriate, the Engineer's Report
describes all new improvements or substantial changes in the existing improvements. The
Engineer's Report, as preliminarily approved by previous Resolution, provides a full and
complete description of all improvements and any or all substantial changes to the
improvements within District No. 2.
Section 2. The boundaries of District No. 2 are generally located along McManus Drive
between Saturmino Drive and Sunset Way, consisting of Lots 96-121 of the Map of"Desert
Palm Estates", and is designated as District No. 2.
Section 3. An assessment ballot proceeding is hereby called on behalf of District No. 2
on the matter of confirming assessments for any property within District No. 2 subject to an
increased assessment pursuant to Articles XIIIC and XIIID of the California Constitution.
The assessment ballot proceeding for District No. 2 on the matter of increasing the
assessments, pursuant to Section 4 of Article XIIID of the California Constitution, consists
of a ballot, included with mailed notice, distributed by mail, to the property owners of
record. Each property owner's ballot is weighted by the amount of their assessment.
Each property owner may return the ballot by mail or in person to the City Clerk not later
Resolution No. 21590
Page 2
than the conclusion of the Public Hearing on the matter on Wednesday, July 19, 2006,
beginning at 6:00 P.M. at the City Council Chambers, City of Palm Springs, 3200 East '
Tahquitz Canyon Way Palm Springs, California 92262.
At the conclusion of the Public Hearing, the City shall tabulate the ballots to determine if a
majority protest exists. The ballots shall be weighted according to the proportional financial
obligation of the affected property. A majority protest exists if, upon the conclusion of the
Public Hearing, ballots submitted in opposition to the assessment exceed the ballots
submitted in favor of the assessment.
Section 4. The proposed assessments are detailed in the Engineer's Report.
Section 5. The City Council hereby declares its intention to conduct a Public Hearing
concerning the levy of assessments for District No. 2 in accordance with Government
Code § 54954.6 and Section 4(e) of Article XIIID of the California Constitution,
The City shall give notice of the time and place of the Public Hearing by posting a copy of
this Resolution on the official bulletin board customarily used by the City Council for the
posting of notices and by publishing this Resolution in a local newspaper pursuant to
applicable Government Code as outlined in the Act. As defined by Government Code,
§54954 those properties subject to a new or increased assessment shall be mailed a
notice of the Public Hearing and a property owner ballot not less than 45 days before the
date of the Public Hearing pursuant to Article XIIID of the California Constitution. Property '
owners being balloted for an increased assessmert must return their ballots to the City
Clerk prior to the conclusion of the Public Hearing, at which time they will be tabulated. At
the Public Hearing, all interested persons shall be permitted to present written and/or oral
testimony.
Section 6. Notice is hereby given that a Public Hearing on these matters will be held by
the City Council on Wednesday, July 19, 2006, beginning at 6:00 P.M. at the City Council
Chambers, City of Palm Springs, 3200 East Tahquitz Canyon Way Palm Springs,
California 92262 or as soon thereafter as feasible.
ADOPTED THIS 24th day of May, 2006.
David H. Ready, City Man , 7
ATTEST:
i ames Thompson, City Clerk
y,
Resolution No. 21590
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. 21590 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 May 24, 2006, by the following
vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tern Foat and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
'vies Thompson, City Clerk
C ty of Palm Springs, California
b