HomeMy WebLinkAbout22172 - RESOLUTIONS - 3/5/2008 RESOLUTION NO. 22172
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, ORDERING THE
DISSOLUTION AND ABANDONMENT OF STREET
LIGHTING MAINTENANCE DISTRICT NO. 2 ("MCMANUS
DRIVE").
WHEREAS, the City Council has, by previous Resolutions, formed the Palm Springs
Street Lighting Maintenance District No. 2 (hereafter referred to as "District No. 2")
pursuant to the provisions of the Street Lighting Act of 1931, Part 2 of Division 14 of the
Streets and Highways Code of the State of California, beginning with beginning with
§18300 (hereafter 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. 2 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. 2; 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. 2 continue
to increase above and beyond the total amount that may be levied and collected by the
City for District No. 2; and
WHEREAS, on February 13, 2008, the City Council ordered the dissolution and
abandonment of District No. 2.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. Fallowing notice duly given, the City Council previously held a full and fair
Public Hearing on January 16, 2008, regarding District No. 2, and considered all oral
and written statements, protests and communications made or filed by interested
persons.
Resolution No. 22172
Page 2
Section 2. The City Council hereby orders the dissolution and abandonment of
District No. 2 commencing with fiscal year 2008-09, effective July 1, 2008.
Section 3. The City Council hereby orders the City Engineer to cease 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 the
removal and/or abandonment of all street lighting improvements providing special
benefits to properties located within District No. 2.
Section 4. The City Clerk is hereby authorized and directed to file the order of
dissolution of District No. 2 with the County Auditor upon adoption of this Resolution.
ADOPTED THIS 5th day of March, 2008.
David H. Ready, Cit
ATTEST:
mes Thompson, City Clerk
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) 55.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22172 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 CL-4fZe)1260 , _ _