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HomeMy WebLinkAbout22178 - RESOLUTIONS - 3/5/2008 RESOLUTION NO. 22178 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, ORDERING THE LEVYING AND COLLECTION OF ASSESSMENTS FOR FISCAL YEAR 2008-09 WITHIN THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 7 ("SUNRISE NORTE"). 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. 7, (hereafter referred to as "District No. 7")for the fiscal year commencing July 1, 2008, and ending June 30,2009, 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 landscaping and lighting improvements 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. 7, 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. 7 for the fiscal year commencing July 1, 2008, and ending June 30, 2009, 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, on January 16, 2008, the City Council held a full and fair Public Hearing regarding 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 denied the increased special assessments so presented. Resolution No. 22178 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. 7 will receive special benefit by the operation, maintenance and servicing of landscaping and lighting improvements and appurtenant facilities within the boundaries of District No. 7. b) District No. 7 includes all of the lands receiving such special benefit. c) The net amount to be assessed upon the lands within District No. 7 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, 2008, and ending June 30, 2009. d) In accordance with Article MID of the California Constitution, following a property owner protest ballot proceeding conducted January 16, 2008, in accordance with state law, the assessment amounts described in the Engineer's Report are approved at amounts equal to or less than the maximum assessment amounts previously approved by property owner petition or balloting. e) Total expenses within District No. 7, necessary to ensure the ongoing maintenance and servicing of parkway landscape improvements installed in connection with development of properties within the District, shall be limited to the total revenues collected through an annual levy. 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 a reduction of services, including reduced landscape maintenance services, as necessary to ensure total expenses do not exceed the total revenues available for District No. 7, collected through special assessments levied on parcels within District No. 7. The improvements to be maintained within District No. 7 are briefly described as the maintenance, operation, administration and servicing of the improvements related to landscaping and lighting improvements and all appurtenant facilities related thereto. Section 5. The maintenance, operation and servicing of the landscaping and lighting improvements 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 Resolution No. 22178 Page 3 levies shall be collected at the same time and in the same manner as the County taxes are collected. After collection bythe 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. 7 to the credit of a fund for the Palm Springs Parkway Maintenance District No. 7, and such money shall be expended only for the maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities as described in Section 4. Section 7. The adoption of this Resolution constitutes the District No. 7 levy for the fiscal year commencing July 1, 2008, and ending June 30, 2009, 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 5th day of March, 2008. David H. Ready, QpkVinager ATTEST: 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. 22178 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 5th day of March, 2008, by the following vote: AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember Weigel, and Mayor Pro Tern Foat. NOES: None. ABSENT: Mayor Pougnet. ABSTAIN: None. es Thompson, City Clerk = ity of Palm Springs, California C3/Z4, z_oOB= _ "