Loading...
HomeMy WebLinkAbout22246 - RESOLUTIONS - 6/18/2008 RESOLUTION NO. 22246 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPE MAINTENANCE DISTRICT NO. 12 "SMOKE TREE COMMONS;" AND THE LEVY AND COLLECTION OF ASSESSMENTS RELATED THERETO COMMENCING WITH 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 Streets and Highways Code of California, beginning with Section 22500 (hereafter referred to as the "1972 Act") desires to initiate proceedings for the formation of the Landscape Maintenance District No. 12, "Smoke Tree Commons", (hereafter referred to as the "District"); and to levy and collect annual assessments to pay for the operation, maintenance and servicing of landscape median improvements and appurtenant facilities related thereto. The 1972 Act provides for the formation of an assessment district pursuant to Chapter 2, Article 1 of the 1972 Act, and the levy and collection of assessments by the County on behalf of the City pursuant to Chapter 4 Article 2 of the 1972 Act; and, WHEREAS, the City has retained MuniFinancial as the Engineer of Work, for the purpose of assisting with the formation of the District, the establishment of assessments, and to prepare and file an Engineer's Report with the City Clerk in accordance with the 1972 Act and to assist with the property owner ballot proceedings connected therewith pursuant to the provisions of the California Constitution Article XIIID (hereafter referred to as the "Constitution"). THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: Section 1 RECITALS: The above recitals are true and correct. Section 2 IMPROVEMENTS: The proposed District improvements generally include, but are not limited to the materials, equipment, utilities, labor, contract services, and incidental expenses associated with the ongoing maintenance, servicing and operation of landscape improvements and appurtenant facilities within the public right-of-ways or dedicated easements that provide special benefit to the properties within the District. Detailed maps and descriptions of the location and extent of the proposed improvements to be serviced and maintained by the District are on file in the Office of Public Works of the City of Palm Springs and by reference these plans and specifications are made part of this Resolution. Resolution No. 22246 Page 2 Section 3 TERRITORY: The territory within the District consists of the lots, parcels and subdivision of land within the commercial development known as Smoke Tree Commons and designated as Parcel Map No. 34289. This commercial development encompasses an area of land totaling approximately eighteen acres (18.10 acres) located generally east of Sunrise Way, at the southwest corner of East Palm Canyon Drive and Barona Road. The parcels of land that comprise Parcel Map No. 34289 and the District include all or a portion of the parcels identified by the Riverside County Assessor's Office as: 510-020-034 (Portion of the 9.110 acres); 510-020-041 (0.810 acre parcel); 510-020-042 (0.650 acre parcel); 510-020-043 (0.250 acre parcel); 510-020-046 (0.510 acre parcel); 510-020-047 (0.390 acre parcel); 510-020-048 (0.300 acre parcel); 510-020-051 (Portion of the 5260 acres); 510-020-053 (5.450 acre parcel); 610-020-057 (0.190 acre parcel); and Approximately 1.06 acres of existing street frontage on East Palm Canyon Drive and Barona Road that are not currently designated as an Assessor Parcel Number (APN) by the Riverside County Assessor's Office. Section 4 ASSESSMENTS: The proposed annual assessments for the District shall provide a funding source for the ongoing annual expenses to maintain and service the median landscape improvements and appurtenant facilities located on East Palm Canyon Drive that provide special benefits to properties in the District. The net annual cost of providing such improvements shall be collected on the County tax rolls as annual assessments. Section 5 ENGINEER'S REPORT: The City Council hereby orders MuniFinancial to prepare and file with the City Clerk an Engineer's Report concerning the formation of the Smoketree Commons Landscape Maintenance District and the levy of special benefit assessments for properties therein for the ongoing maintenance, servicing and operation associated with the landscape improvements that provides special benefits to those properties commencing in fiscal year 2008/2009. Resolution No. 22246 Page 3 ADOPTED THIS 18th day of June, 2008. David H. Ready, City 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. 22246 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 18th day of June, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, Mayor Pro Tern Foat, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk �� /f ���®©� ity of Palm Springs, California