HomeMy WebLinkAbout21915 - RESOLUTIONS - 6/6/2007 RESOLUTION NO. 21915
' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING ITS
INTENTION TO CONDUCT A PUBLIC HEARING TO
CONSIDER DISSOLUTION OF STREET LIGHTING
MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY AREA")
WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs
Street Lighting Maintenance District No. 4 (hereafter referred to as "District No. 4")
pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of
Division 15 of the Streets and Highways Code of the State of California, beginning with
§22500 (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 Engineer has previously prepared and filed with the City Clerk
Engineers' Reports for District No. 4 for prior fiscal years, in accordance with the Act,
identifying improvement costs in excess of the total assessments levied and collected
by the City for District No. 4; and
WHEREAS, on July 21, 2004, and on July 19, 2006, a property owner protest ballot
proceeding and election was conducted, pursuant to Article XIIID of the California
Constitution, on the matter of approving an increase to the maximum annual
assessment to be levied and collected by the City, as necessary to increase
assessments to cover estimated annual expenses and to implement a Consumer Price
Index ("CPI") annual inflator; and
WHEREAS, the City Council has, by previous Resolutions, declared the results of the
property owner protest proceedings and elections, whereby a majority protest to the
increased annual levy of assessments existed; and
WHEREAS, improvements costs for District No. 4 continue to increase above and
beyond the total amount that may be levied and collected by the City for District No. 4.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby declares its intention to consider the dissolution
of District No. 4 commencing with fiscal year 2007/2008.
Section 2. The boundaries of District No. 4 are generally located within the "Eagle
Way Area" between Park Drive on the north, Divot Lane on the west, Birdie Way on the
east, and Eagle Way on the south, consisting of Lots 1-5 and 14-51 of Tract 2159, and
' is designated as District No. 4.
Resolution No. 21915
Page 2
Section 3. The City Council hereby declares its intention to conduct a Public Hearing
concerning the dissolution of District No. 4 in accordance with the Act. Any interested '
person may file a written protest with the City Clerk prior to the conclusion of the
hearing, or having previously filed protest, may file a written withdrawal of that protest. A
written protest shall state all grounds of objection and protest by a property owner shall
contain a description sufficient to identify the property owned by such property owner. At
the public hearing, all interested persons shall be afforded the opportunity to hear and
be heard.
Section 4. Notice is hereby given that a Public Hearing on these matters will be held
by the City Council on Wednesday July 18, 2007, at 6:00 P.M., or as soon thereafter as
feasible in the City Council Chambers at City Hall, located at 3200 E. Tahquitz Canyon
Way, Palm Springs, California.
Section 5. The City Clerk shall cause notice to be given of the time and place of the
Public Hearing by causing the publishing of this Resolution once in the local paper not
less than ten (10) days before the date of the hearing and by posting a copy of this
Resolution on the official bulletin board customarily used by the City Council for the
posting of such notices, pursuant to the Act.
ADOPTED THIS 6th day of June, 2007.
David H. Ready, Cit anager
ATTEST:
?mels Thompson, City Clerk
Resolution No. 21915
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. 21915 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 June 6, 2007, by the following
vote:
AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills,
Mayor Pro Tern Pougnet, and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ymes Thompson, City Clerk
f Paly Springs, California