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HomeMy WebLinkAbout22516 - RESOLUTIONS - 6/17/2009 RESOLUTION NO. 22516 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON PARKWAY MAINTENANCE DISTRICT NO. 6A ("FAIRPORT DEVELOPMENT"); AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO FOR FISCAL YEAR 2009-10 WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs Parkway Maintenance District No. 6A (hereafter referred to as "District No. 6A") 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 prepared and filed with the City Clerk a Report for District No. 6A, and the levy of assessments for Fiscal Year 2009-10 (July 1, 2009, and ending June 30, 2010) in accordance with the Act; and the Council did by previous Resolution preliminarily approve such Report. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1. The City Council hereby declares its intention to levy and collect annual assessments against parcels of land within District No. 6A for fiscal year 2009-10. Section 2. The territory of land within District No. 6A includes all lots and parcels within the residential area identified as the "Fairport Developmment", generally located along Campana Way, Montalvo Way, and Valdivia Way, between Chia Road and Tachevah Drive, west of Gene Autry Trail, consisting of Lots 1-15 of Tract 9780 and Lots 1-16 of Tract 12182; a full and complate listing of parcels within District No. 6A is included in the Report on file with the City Clerk. Section 3. The improvements include the operation, maintenance and servicing of landscape improvements and appurtenant facilities to be provided by the City of Palm Springs in connection with the parkway landscaping within District No. 6A. Detailed maps and descriptions of the location and extent of the improvements to be maintained are on file in the Office of Public Works and by reference are made part of this Resolution. Resolution No. 22516 Page 2 Section 4. The proposed assessments for District No. 6A are outlined in the Engineer's Report. The Report details the assessments necessary to provide for the annual operation, administration, services and maintenance of the improvements described in Section 3 of this Resolution. These assessments are less than or equal to the maximum assessment amounts previously approved by property owner petition or balloting within District No. 6A, in accordance with the provisions of the California Constitution Article XIIID (Proposition 218). Section 5. The City Council hereby declares its intention to conduct a Public Hearing concerning the levy of assessments for the improvements 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 6. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Wednesday July 15, 2009, 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 7. 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 17th day of June, 2009. David H. Ready, Ciiya ager ATTEST: ames 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. 22516 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 17, 2009, by the following vote: AYES: Councilmember Foat, Councilmember Hutcheson, Councilmember Weigel, Mayor Pro Tern Mills, and Mayor Pougnet. NOES: None. ABSENT-, None. ABSTAIN: None. ames Thompson, City Clerk City of Palm Springs, Californian TI ZfOI Zd�°�