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HomeMy WebLinkAbout22088 - RESOLUTIONS - 11/7/2007 RESOLUTION NO. 22088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, INITIATING PROCEEDINGS FOR A PROPOSED ASSESSMENT INCREASE FOR PROPERTIES WITHIN STREET LIGHTING MAINTENANCE DISTRICT NO. 1 BELARDO ROAD AREA, AND STREET LIGHTING MAINTENANCE DISTRICT NO. 2 MCMANUS DRIVE, COMMENCING IN FISCAL YEAR 2008-09. WHEREAS, the City Council through previous resolutions has established and levied annual assessments for the Palm Springs Street Lighting Maintenance District No. 1 -- Belardo Road Area (hereinafter referred to as "SLMD-1"), and Street Lighting Maintenance District No. 2 — McManus Drive (hereinafter referred to as "SLMD-2"), and collectively hereinafter referred to as the "Districts'; pursuant to the provisions of the Street Lighting Act of 1931, Part 2, Division 14 of the California Streets and Highways Code, commencing with Section 18300 (hereinafter referred to as the "Act") that provides for the collection of assessments by the County of Riverside on behalf of the City of Palm Springs to pay for the maintenance and operation of street lighting improvements and facilities related thereto; and WHEREAS, the City Council desires to initiate proceedings for a proposed assessment increase associated with the street lighting improvements to be provided within SLMD-1 and SLMD-2; and the establishment of new maximum assessments related thereto; and the levy and collection of the annual assessments for fiscal year 2008/2009 against the lots and parcels of land within SLMD-1 and SLMD-2 for the improvements and services that will provide special benefits to the properties within each of these respective Districts pursuant to the Act and the California Constitution Article XIIID. THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1 Recitals: The above recitals are true and correct. SECTION 2 Engineer's Report: The City Council hereby orders the City Engineer (the Assessment Engineer of Work) to prepare and file with the City Clerk the Engineer's Reports (hereinafter referred to as the "Reports") concerning the proposed assessment increases for SLMD-1 and SLMD-2; the improvements and services connected therewith and the proposed levy of assessments for the fiscal year commencing July 1, 2008, and ending June 30, 2009, in accordance with Section 18340 of the Act. Said Reports shall contain a description of the improvements, an estimate of the costs financed by the levy of the assessments, the properties benefiting from the improvements and the method of apportioning the assessments connected with SLMD- 1 and SLMD-2 respectively. Resolution No. 22088 Page 2 SECTION 3 Improvements: The proposed improvements and services to be provided and for which properties shall be assessed, include but are not limited to the regular maintenance, operation and incidental expenses related to the public street lighting improvements, facilities and energy costs associated with the properties within each of the respective Districts (SLMD-1 and SLMD-2) in connection with the special benefit received by those parcels. The Reports to be prepared in connection with these proceedings for a proposed assessment increase for SLMD-1 and SLMD-2 shall provide a more detailed description of the improvements and associated costs. SECTION 4 Assessments: The City Council hereby determines that in order to adequately maintain and support the public street lighting improvements within SLMD-1 and SLMD-2 as generally described in Section 3 of this resolution, it is necessary to increase the annual assessments to be levied against lots and parcels within those Districts commencing in fiscal year 2008/2009. The Reports referred to in Section 2 of this resolution shall establish the estimated budget of anticipated expenses and the resulting new maximum assessments for each District including an annual inflationary adjustment, that will be necessary to provide ongoing funding for the maintenance and servicing of the improvements being proposed; and the proposed assessment increases may only be imposed pursuant to the provisions of the California Constitution, Article XIIID. ADOPTED this 7th day of November, 2007. ----------------- David H. Ready, ftager ATTEST: es Thompson, City Clerk Resolution No. 22088 Page 3 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) $$- CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 22088 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 7t' day of November, 2007, by the following vote.- AYES: Councilmember Foat, Councilmember McCulloch, Councilmember Mills, Mayor Pro Tern Pougnet, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. es Thompson, City Clerk / �I ity of Palm Springs, California zDO