HomeMy WebLinkAbout23847 RESOLUTION NO. 23847
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT AND ORDERING THE
CONTINUED OPERATION AND MAINTENANCE OF
IMPROVEMENTS FOR STREET LIGHTING
MAINTENANCE DISTRICT NO. 3, AND PARKWAY
MAINTENANCE DISTRICT NOS. 6A, 6C, 7, 8, 9, AND 10
(ZONES 1 AND 2), AND LANDSCAPE MAINTENANCE
DISTRICT NO. 12, AND ORDERING THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2015-16.
WHEREAS, the City Council of the City of Palm Springs, California, (hereinafter
the "City Council"), has by previous Resolution established Street Lighting Maintenance
District No. 3 ("Crossley Tract"), Parkway Maintenance District No. 6A ("Fairport
Development"), Parkway Maintenance District No. 6C ("Park Sonora Tract"), Parkway
Maintenance District No. 7 ("Sunrise Norte Tract"), Parkway Maintenance District No. 8
("Vintage Palms Tract"), Parkway Maintenance District No. 9 ("Flora Vista"), Parkway
Maintenance District No. 10 (Zones 1 and 2) ("Mountain Gate"), and Landscape
Maintenance District No. 12 ("Smoke Tree Commons'), (hereafter individually referred
to as the "District", or collectively referred to as the "Districts"), 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 for the maintenance and services of improvements and all
appurtenant facilities and operations related thereto; and
WHEREAS, an Engineer's Report for each District, (hereafter referred to as the
"Report"), has been prepared and filed with the City Clerk of the City of Palm Springs,
(hereafter referred to as the "City Clerk"), and the Report identifies the levy of
assessments for Fiscal Year 2015-2016 (July 1, 2015, and ending June 30, 2016) in
accordance with the Act; and the City Council did by previous Resolution preliminarily
approve each Report; and
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, and is satisfied with each and all of the items and documents as set forth
therein, and finds that the levy has been spread in accordance with the special benefits
received from the improvements, and the operation, maintenance and services to be
performed, as set forth in the Report; and
WHEREAS, the City Council desires to levy and collect assessments against
parcels of land within the Districts for Fiscal Year 2015-2016 (commencing July 1, 2015,
and ending June 30, 2016) to pay the costs and expenses of the operation,
maintenance, repair and servicing of improvements related thereto; and
Resolution No. 23847
Page 2
WHEREAS, the Report proposes the levy and collection of annual assessments
less than or equal to the maximum assessment amounts previously approved by
property owner petition or balloting, in accordance with the provisions of Article XIIID of
the California Constitution (Proposition 218); and
WHEREAS, the City Council has noticed and held a Public Hearing on
July 1, 2015, regarding the Districts, and the proposed improvements and assessments
for Fiscal Year 2015-2016 (commencing July 1, 2015, and ending June 30, 2016), as
described in the Report in accordance with the provisions of the Act and applicable
provisions of Article XIIID of the California Constitution (Proposition 218).
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Following notice duly given, on July 1, 2015, the City Council has
held a full and fair Public Hearing to approve or amend the Report, the levy and
collection of assessments related thereto, and has considered all oral and written
statements, protests and communications made or filed by interested persons. The City
Council has determined that the property owners have approved the assessments so
presented in the Report in accordance with the requirements of Article XIIID of the
California Constitution (Proposition 218).
SECTION 3. Based upon its review (and amendments, as applicable) of the
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 each District will receive special benefit by the operation,
maintenance, and servicing of certain improvements within the boundaries of such
District.
b) Each District includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within each District for Fiscal Year
2015-2016 (commencing July 1, 2015, and ending June 30, 2016), is apportioned by
a formula and method which fairly distributes the net amount among all eligible
parcels in proportion to the special benefits to be received by each parcel from the
improvements and services.
d) The assessment amounts described in the Report do not exceed the maximum
assessments previously established in accordance with the provisions of Article
XIIID of the California Constitution (Proposition 218).
Resolution No. 23847
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SECTION 4. The Report and assessments 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 generally described as the operation, administration,
maintenance, and servicing of street lighting, or streetscape landscaping including
parkways and medians as well as public landscaped areas, including turf, ground cover,
plants, shrubs, trees, irrigation and drainage systems, landscape lighting improvements,
and appurtenant facilities and expenses associated with the Districts. The Report
describes any new improvements or substantial changes in existing improvements.
SECTION 6. The assessments as confirmed shall be submitted to the County
Auditor of the County of Riverside (the "County Auditor"), and the County Auditor shall
enter on the County Assessment Roll opposite each eligible parcel of land the amount
of levy so apportioned by the formula and method outlined in the Report, and such
levies shall be collected at the same time and in the same manner as Riverside County
taxes are collected pursuant to §22646 of the Act. After collection by Riverside 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 Riverside County for each District, and such money shall be
expended only for the operation, maintenance and servicing of the improvements as
described in Section 5.
SECTION 8. The adoption of this Resolution constitutes the levy for Fiscal Year
2015-2016 (commencing July 1, 2015, and ending June 30, 2016) for each District.
SECTION 9. The City Clerk is hereby authorized and directed to file the levy with
the County Auditor upon adoption of this Resolution.
ADOPTED THIS 1ST DAY OF JULY, 2015.
David H. Ready, Cit ager
ATTEST:
;;a;mes Thompson, City Clerk
Resolution No. 23847
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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. 23847 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 the 1st day of July, 2015, by
the following vote:
AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Mills,
Mayor Pro Tem Lewin, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
es Thompson, City Clerk
City of Palm Springs, California o is