HomeMy WebLinkAbout22174 - RESOLUTIONS - 3/5/2008 RESOLUTION NO. 22174
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE
DISSOLUTION AND ABANDONMENT OF STREET
LIGHTING MAINTENANCE DISTRICT NO. 4 ("EAGLE WAY
AREA").
WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs
Street Lighting Maintenance District No. 4 (hereafter referred to as "District No. 4")
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 (hereinafter 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 previously prepared and filed with the City Clerk
Engineers' Reports for District No. 4 for prior fiscal years, in accordance with the Act,
identifying improvement costs in excess of the total assessments levied and collected
by the City for District No. 4; and
WHEREAS, on July 21, 2004, on July 19, 2006, and on January 16, 2008, a property
owner protest ballot proceeding and election was conducted, pursuant to Article XIIID of
the California Constitution, on the matter of approving an increase to the maximum
annual assessment to be levied and collected by the City, as necessary to increase
assessments to cover estimated annual expenses and to implement a Consumer Price
Index ("CPI") annual inflator; and
WHEREAS, the City Council has, by previous Resolutions, declared the results of the
property owner protest proceedings and elections, whereby a majority protest to the
increased annual levy of assessments existed; and
WHEREAS, costs to operate and maintain the improvements for District No. 4 continue
to increase above and beyond the total amount that may be levied and collected by the
City for District No. 4; and
WHEREAS, on February 13, 2008, the City Council ordered the dissolution and
abandonment of District No. 4, with the provision that the City continue to fund the
operation and maintenance of the street lighting improvements.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
1
Resolution No- 22174
Page 2
Section 1. Following notice duly given, the City Council previously held a full and fair
Public Hearing on January 16, 2008, regarding District No. 4, and considered all oral
and written statements, protests and communications made or filed by interested
persons.
Section 2- The City Council hereby orders the dissolution and abandonment of
District No. 4 commencing with fiscal year 2008/2009, effective July 1, 2008.
Section 3. The City Council hereby orders the City Engineer to continue payment of
the costs and expenses of operation, maintenance, repair and servicing of street lighting
and all appurtenant facilities and operations related thereto; and hereby orders that all
street lighting improvements providing special benefits to properties located within
District No. 4 remain operational unless otherwise ordered to be removed and
abandoned by separate action of the City Council.
Section 4. The City Clerk is hereby authorized and directed to file the order of
dissolution of District No. 4 with the County Auditor upon adoption of this Resolution.
ADOPTED THIS 5th day of March, 2008.
David H. Ready, City,11 amare
- ATTEST:
mes Thompson, City Cler
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. 22174 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.
mes Thompson, City Clerk
ity of Palm Springs, California