HomeMy WebLinkAbout22304 - RESOLUTIONS - 7/16/2008 RESOLUTION NO. 22304
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, APPROVING THE
ENGINEER'S REPORT REGARDING THE FORMATION
OF LANDSCAPE MAINTENANCE DISTRICT NO. 12,
SMOKE TREE COMMONS; AND THE LEVY AND
COLLECTION OF ANNUAL ASSESSMENTS RELATED
THERETO COMMENCING IN FISCAL YEAR 2008-09.
WHEREAS, the City Council in accordance with the Landscaping and Lighting Act of
1972, Part 2 of Division 15 of the Streets and Highways Code of California, beginning
with Section 22500 (hereafter referred to as the "Act"), did by previous Resolution called
for an Engineer's Report to be prepared and filed in accordance with Article 4 of
Chapter 1 of the Act in connection with the formation of "Landscape Maintenance
District No. 12 — Smoke Tree Commons" (hereafter referred to as "The District"); and
the proposed levy and collection of assessments related thereto commencing with fiscal
year 2008/2009, said fiscal year beginning July 1, 2008, and ending June 30, 2009;
and,
WHEREAS, the Engineer has prepared and filed with the City Clerk and the City Clerk
has presented to the City Council the Engineer's Report required by the Act, said report
entitled "Engineer's Report for the Formation of Landscape Maintenance District No. 12,
Smoke Tree Commons, Fiscal Year 2008/2009" (hereafter referred to as "Report"); and,
WHEREAS, the City Council has duly held a public hearing regarding the formation of
the District and pursuant to the provisions of the California Constitution Article XIIID has
caused the assessments described in the Engineer's Report to be presented to the
property owners of record as part of a protest ballot proceeding; the results of which
have been presented and confirmed by this City Council, and,
WHEREAS, the City Council has examined and reviewed the Engineer's Report,
considered all public testimony and written protests presented, and evaluated the
results of the property owner protest ballot proceedings to determine if majority protest
exists.
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.
SECTION 2 Report Content: The Report, as presented, consists of the following:
2a A Description of the Improvements (Plans and Specifications).
2b The Method of Apportionment that details the method of calculating the
proportional special benefits and the annual assessment obligation for each affected
parcel including a description of an "Assessment Range Formula" applicable to
subsequent assessments.
Resolution No- 22304
Page 2
2c The estimated annual costs and expenses to provide the improvements (Budget)
that establishes the proposed "Proposed Maximum Levy per Parcel" and first year's
assessments.
2d An Assessment Diagram (Boundary Map).
2e An Assessment Roll containing the assessment to be levied for each Assessor
Parcel Number within the District commencing in Fiscal Year 2008/2009 based on the
proposed maximum levy per parcel and method of apportionment described therein.
SECTION 3 Report Approval: Based on testimony given, the results of the property
owner protest ballot proceedings and the documents and discussion presented, the City
Council has directed and confirmed any necessary modifications or amendments to the
Engineer's Report previously presented and filed, and said modifications or
amendments so reflected by the minutes of this meeting shall by reference be
incorporated into the approved Engineer's Report- The Report and Assessment
Diagram connected therewith as approved, shall constitute the territory and properties
within the District and the assessments commencing with Fiscal Year 2008/2009.
SECTION 4 Certification: 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 and
approval of the Engineer's Report and said Report is hereby ordered to be filed in the
Office of the City Clerk as a permanent record and to remain open to public inspection.
ADOPTED THIS 16th day of July 2008.
David H. Ready�Ei'Cy Manager
ATTEST:
?sZs�—Th—ompson, City Clerk
Resolution No. 22304
Page 3
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- 22304 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.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
ABSTAIN: None.
mes Thompson, City Clerk
City of Palm Springs, California