HomeMy WebLinkAbout22762 RESOLUTION NO. 22762
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING
AND COLLECTION OF ASSESSMENTS FOR FISCAL
YEAR 2010-11 WITHIN THE PALM SPRINGS STREET
LIGHTING MAINTENANCE DISTRICT NO. 3.
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. 3, (hereafter referred to
as "District No. 3") for the fiscal year commencing July 1, 2010, and ending June 30,
2011, 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"), 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 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. 3, 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. 3 for the fiscal year commencing July 1, 2010, and
ending June 30, 2011, 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 Engineer's Report proposes the levying and collection of
assessments less than or equal to the maximum assessment amounts previously
approved by property owner petition or balloting.
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 approved the
assessments so presented.
Resolution No. 22762
Page 2
Section 2. 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. 3 will receive special benefit by the
operation, maintenance and servicing of street lighting and
appurtenant facilities within the boundaries of District No. 3.
b) District No. 3 includes all of the lands receiving such special benefit.
c) The net amount to be assessed upon the lands within District No. 3 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,
2010, and ending June 30, 2011.
d) The assessment amounts described in the Engineer's Report are less
than or equal to the maximum assessment amounts previously
approved by property owner petition or balloting.
Section 3. 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 4. 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
improvements and all appurtenant facilities related thereto.
Section 5. 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 6. The City Treasurer shall deposit all money representing assessments
collected by the County for District No. 3 to the credit of a fund for the
Palm Springs Street Lighting Maintenance District No. 3, and such money
shall be expended only for the maintenance, operation and servicing of
the street lighting and appurtenant facilities as described in Section 4.
Resolution No. 22762
Page 3
Section 7. The adoption of this Resolution constitutes the District No. 3 levy for the
fiscal year commencing July 1, 2010, and ending June 30, 2011.
Section 8. The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
ADOPTED THIS 215T DAY OF JULY, 2010.
David H. Ready, C' alter
ATTEST:
J 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. 22762 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 21' day of July, 2010, by
the following vote:
AYES: Councilmember Weigel, Mayor Pro Tern Hutcheson, and Mayor Pougnet.
NOES: None.
ABSENT: Councilmember Foat and Councilmember Mills
ABSTAIN: None.
;jJ mes Thompson, City Clerk �r'� IP6toity of Palm Springs, Californi / I