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HomeMy WebLinkAbout23594 RESOLUTION NO. 23594 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, PRELIMINARILY APPROVING AND ADOPTING THE ENGINEER'S REPORT REGARDING LANDSCAPE MAINTENANCE DISTRICT NO. 12 ("SMOKE TREE COMMONS"); AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2014-15 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Landscape Maintenance District No. 12 (hereafter referred to as "District No. 12") 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, District No. 12 includes existing median landscape improvements within East Palm Canyon Drive; and WHEREAS, the Act provides for the levy and collection of assessments by the County of Riverside for the City of Palm Springs to pay cost for the maintenance and services of all improvements and facilities related thereto; and WHEREAS, the City Engineer has prepared an Engineer's Report (hereafter referred to as the "Report") in accordance with the Act, and in accordance with the requirements of Articles XIIIC and XIIID of the California Constitution; and WHEREAS, there has now been presented to the City Council the Report for District No. 12 for Fiscal Year 2014-15; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is preliminarily satisfied that the proposed annual assessments have been spread in accordance with the special benefits properties within District No. 12 will receive from the improvements, operation, maintenance and services to be performed as part of District No. 12, as set forth in said Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the preceding recitals are all true and correct. Section 2. That the Report as presented, consists of the following: Resolution No. 23594 Page 2 2a. A description of District No. 12 and improvements. 2b. Method of Apportionment that outlines the special benefit conferred on properties within District No. 12 from the improvements; and the calculations used to establish each parcel's proportional special benefit assessment for fiscal year 2014-15. 2c. The Budget that outlines the costs and expenses to service, and maintain the improvements including incidental expenses authorized by the Act. 2d. An Assessment Diagram that identifies the lots, parcels and properties included in the boundaries of District No. 12. 2e. An Assessment Roll containing each of the Assessor Parcel Numbers that comprise District No. 12 and the proportional maximum assessment for fiscal year 2014-15. Section 3. The Report is hereby approved on a preliminary basis (as submitted or amended), and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 4. The proposed assessments for fiscal year 2014-15 are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of the Report for District No. 12. ADOPTED THIS 18th day of June, 2014. David H. Ready, C ager ATTEST: mes 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. 23594 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 18, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Mills, Councilmember Lewin, Mayor Pro Tern Hutcheson and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California.