HomeMy WebLinkAbout21645 - RESOLUTIONS - 7/19/2006 RESOLUTION NO. 21645
8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING
AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR
2006-07 WITHIN THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT NO. 2.
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, 2006, and ending June 30, 2007, 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, repairand 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, 2006, and ending June 30, 2007,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 Council has previously conducted a property owner protest ballot
proceeding for all District No. 2 assessments proposed to be levied for fiscal year 2006-07,
and said assessments are described in the approved Engineer's Report, and the
assessments as described comply with all applicable provisions of Article XIIID of the
California Constitution.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS
FOLLOWS:
Section 1. Following notice duly given, the City Council has held a full and fair Public
Hearing regarding its Resolution approving or amending the Engineer's Report
prepared in connection therewith; the levy and collection of assessments, and
considered all oral and written statements, protests and communications made
or filed by interested persons. The City Council has determined that the
property owners in accordance with the requirements of Article XIIID of the
California Constitution, have denied the proposed increased assessments so
' presented.
Section 2. Following certification of the results of the tabulation of the valid property owner
protest ballots returned by the property owners within District No. 2, the City
Resolution No. 21645
Page 2
Council so determined to amend the Engineer's Report such thatthe previously
established maximum assessment shall be levied against parcels of land within
District No. 2.
Section 3. 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.
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, 2006, and ending June 30,
2007.
Section 4. 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 5. 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 6. 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 7, The City Treasurer shall deposit all money representing assessments collected
by the County for District No. 2 to the credit of a fund for the Palm Springs
Street Lighting Maintenance 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 5.
Section 8. The adoption of this Resolution constitutes the District No. 2 levy for the fiscal
year commencing July 1, 2006, and ending June 30, 2007. '
Section 9. The City Clerk is hereby authorized and directed to file the levy with the County
Auditor upon adoption of this Resolution.
Resolution No. 21645
Page 3
ADOPTED this 19th day of July, 2006.
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David H. Ready, City Ma r
ATTEST:
a es 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. 21645 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 19, 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
J mes Thompson, City Clerk
City of Palm Springs, California