HomeMy WebLinkAbout22305 - RESOLUTIONS - 7/16/2008 RESOLUTION NO. 22305
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA CONFIRMING THE
FORMATION OF LANDSCAPE MAINTENANCE DISTRICT
NO. 12, SMOKE TREE COMMONS, AND ORDERING THE
LEVY AND COLLECTION OF ASSESSMENTS RELATED
THERETO FOR FISCAL YEAR 2008-09.
WHEREAS, the City Council pursuant to the provisions of the Landscaping and Lighting
Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (hereinafter referred to as the "Act"); has by previous
Resolutions initiated proceedings and declared its intention to form "Landscape
Maintenance District No. 12 — Smoke Tree Commons" (hereafter referred to as the
"District"); and to levy and collect annual assessments commencing with fiscal year
2008/2009, to pay the costs and expenses related to the operation, maintenance and
servicing of landscape improvements and appurtenant facilities installed in connection
with the development of the properties therein and designated as part of Parcel Map
No. 34289; and,
WHEREAS, pursuant to the Act, an Engineer's Report containing an Assessment
Diagram has been prepared and filed with the City Clerk, and the City Council did by
previous Resolution adopt and approve said Engineer's Report in connection with the
formation of the District and the annual levy of assessments upon eligible parcels of
land therein commencing in fiscal year 2008/2009: and,
WHEREAS, the City Council has held a full and fair Public Hearing on July 16, 2008,
regarding the formation of the District; the Engineer's Report prepared in connection
therewith, and considered all oral and written statements, protests and communications
made or filed by interested persons regarding these matters, pursuant to the Act; and
has conducted property owner protest proceedings for the assessments and
assessment range formula as described in said Engineer's Report, in accordance with
the provisions of the California Constitution Article XIIID (hereafter referred to as the
"California Constitution"); and,
WHEREAS, the City Council, in accordance with the provisions of the California
Constitution, has determined that majority protest did not exist for the proposed
assessments as presented.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1 Recitals: The above recitals are all true and correct.
Resolution No. 22305
Page 2
SECTION 2 Benefit Findings: Based upon its review (and amendments, as applicable)
of the Engineer's Report, which has been filed with the City Clerk, the City Council
hereby finds and determines that:
2a The land within the District will receive special benefit from the operation,
maintenance and servicing of landscape improvements, and all appurtenant facilities
related thereto, to be provided by the District as described in the Engineer's Report.
2b The District as defined by the Engineer's Report and Assessment Diagram
includes all of the lands receiving such special benefit.
2c The net amount to be assessed upon the lands within the District has
been 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 various improvements and services to be provided commencing with
Fiscal Year 2008/2009.
SECTION 3 Intent to Levy: The City Council desires to levy and collect annual
assessments against parcels of land within the District commencing in fiscal year
2008/2009, to pay the costs and expenses of operating, maintaining and servicing the
landscape median improvements and appurtenant facilities that provide special benefits
to the properties within the District.
SECTION 4 Ordering Formation: The City Council hereby orders the formation of The
District, said territory being inclusive of all parcels within the commercial development
known as Smoke Tree Commons and designated as Parcel Map No. 34289, for fiscal
year 2008/2009.
SECTION 5 Ordering Improvements: The City Council hereby orders the proposed
improvements as described within the Engineer's Report to be made. Said
improvements generally include, but are not limited to, the maintenance, operation and
servicing of the median landscaping on East Palm Canyon Drive established or installed
in connection with the development of properties within the District and which shall be
maintained for the special benefit of the properties therein. The maintenance and
servicing of the improvements generally include, but are not limited to, the materials,
equipment, utilities, labor, and incidental expenses required for the annual operation, as
well as the performance of periodic repairs and replacement activities as needed to
provide for the growth, health, and beauty of the improvements and/or the proper
operation and functioning of related facilities as authorized pursuant to the Act.
SECTION 6 Collection of Assessments: For Fiscal Year 2008/2009, the County Auditor
of Riverside shall enter on the County Assessment Roll opposite each parcel of land the
amount of levy so described in the Engineer's Report, 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.
Resolution No. 22305
Page 3
SECTION 7 Use of Funds: The City Treasurer shall deposit all money representing
assessments collected by the County for the District to the credit of a fund for the
District, and such money shall be expended only for the maintenance, operation and
servicing of the improvements as described in the Engineers Report and generally
described in Section 5 of this Resolution.
SECTION 8 Certification: The adoption of this Resolution constitutes the formation of
the District identified as "Landscape Maintenance District No. 12 — Smoke Tree
Commons'; the establishment of the maximum assessment rate and assessment range
formula described in the Engineer's Report and the annual levy of assessments for
fiscal year 2008/2009 (Commencing July 1, 2008 and ending June 30, 2009)- The City
Clerk shall certify to the passage and adoption of this Resolution, and the minutes of
this meeting shall so reflect the City Council's adoption and confirmation of the
Assessment Diagram; the establishment of the maximum assessment including the
assessment range formula, and the levy of assessments for Fiscal Year 2008/2009.
SECTION 9 The City Clerk or their designee is hereby authorized and directed to file
the levy of assessments for Fiscal Year 2008/2009 as approved, with the County
Auditor of Riverside upon adoption of this Resolution.
ADOPTED THIS 16th day of July 20,17
- David H. Ready, Ci#�anager
` A7 T.
i
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. 22305 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 161h day of July, 2008, by
the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOE& None-
ABSENT: Mayor Pro Tern Foat.
ABSTAIN: None.
ames Thompson, City Clerk
City of Palm Springs, California