HomeMy WebLinkAboutORD 1129ORDINANCE NO. 1129
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, AMENDING THE BOUNDARY FOR THE
COLLECTION OF THE TRANSPORTATION UNIFORM MITIGATION
FEE ADOPTED PURSUANT TO ORDINANCE NO. 573.
WHEREAS, on May 25, 1989 the City Council of the City of Palm Desert ("City")
adopted Ordinance No. 573 based on certain findings which established the collection
of a Transportation Uniform Mitigation Fee (TUMF) the proceeds of which have been
placed in a trust fund established by the Coachella Valley Association of Governments
(CVAG) to be used to construct transportation improvements and provide additional
capacity needed by the year 2010 to accommodate the traffic generated by the
development of land in the City and in the Coachella Valley, and;
WHEREAS, Ordinance No. 573 did not provide a description o the TUMF boundary
because the boundary had previously been identical to the CVAG Coachella Valley
boundary; and
WHEREAS, at their regular meeting in June 2005 the CVAG General Assembly agreed
to change the exterior boundaries of CVAG and the TUMF collection area; and
WHEREAS, upon final action of the CVAG General Assembly the exterior boundary of
CVAG will differ from the boundary for the TUMF collection area; and
WHEREAS, to accurately collect TUMF fees, CVAG has requested that all participating
jurisdictions within the Coachella Valley document the revised TUMF boundary as
prepared and agreed upon by the CVAG General Assembly; and
WHEREAS, the City Council wishes to accurately collect TUMF fees along with the
other participating jurisdictions within the Coachella Valley as requested by the CVAG
General Assembly; and
WHEREAS, Ordinance No. 573 shall and does remain in full force and effect with
respect to the content contained therein with the addition of the revised TUMF boundary
as recommended by the CVAG General Assembly and adopted pursuant hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE City of Palm Desert DOES
ORDAIN AS FOLLOWS:
(1) REVISED TRANSPORTATION UNIFORM MITIGATION FEE BOUNDARY
The City Council hereby adopts the revised Transportation Uniform Mitigation
Fee boundary as recommended by the Coachella Valley Association of
Governments General Assembly as referenced in the Coachella Valley
Association of Governments Transportation Uniform Mitigation Fee Boundary
Description June 2005 shown on Exhibit A and depicted on Exhibit B attached
hereto and formally made a part thereof.
ORDINANCE NO. 1129
(2) SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any
final court action in a court of competent jurisdiction or by reason of any
preemptive legislation, the remaining provisions, sections, paragraphs,
sentences or words of this ordinance as hereby adopted shall remain in full
force and effect.
(3) REPEAL OF CONFLICTING PROVISIONS
All the provisions of the City of Palm Desert Municipal Code as heretofore
adopted by the City of Palm Desert that are in conflict with the provisions of
this ordinance are hereby repealed.
(4) EFFECTIVE DATE (REGULAR)
This ordinance shall take effect thirty (30) days after its second reading by the
City Council.
(5) CERTIFICATION
The City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law.
PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert,
California, on this 16th day of November, 2006, by the following vote:
AYES: BENSON, KELLY, SPIEGEL, and FERGUSON -
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JI FER-GU30N, MAYOR
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
APPROV D AS, TO FORM:
DA IN, CITY ATTORNEY
ORDINANCE NO. 1129
EXHIBIT A
Coachella Valley Association of Governments
Transportation Uniform Mitigation Fee Boundary Description
June 2005
1. BEGINNING at the Northeast corner of Section 1, Township 2 South, Range 2 East, San
Bernardino Meridian, also being a point on the north line of Riverside County;
2. Thence South along said Range line to the Northeast corner of Section 36, T2S, R2E;
3. Thence West along the North line of said Section 36 to the North one -quarter corner thereof,
4. Thence South along the North -South center section line of said Section 36 to the Center section
corner thereof,
5. Thence East along the East-West center section line of said Section 36 to the East one -quarter
corner thereof,
6. Thence South along the East line of said Section 36 to the Northeast corner of Section 1, T3S,
R2 E;
7. Thence West along the North line of said Section 1 to the Northwest corner thereof;
8. Thence South along the West line of said Section 1 to the Northwest corner of Section 12, T3S,
R2E;
9. Thence East along the North line of said Section 12 to the Northeast corner thereof;
10. Thence South along the East line of said Section 12 to the Southeast corner thereof;
11. Thence West along the South line of said Section 12 to the Northwest corner of Section 13,
T3S, R2E;
12. Thence South along the West line of said Section 13 to the Southwest corner thereof;
13. Thence East along the South line of said Section 13 to the Southeast corner thereof;
14. Thence South along said Range line to the Southwest corner of Section 18, T4S, R3E;
15. Thence East along Section lines to the Northeast corner of Section 20, T4S, R3E;
16. Thence South along the East line of said Section 20 to the Southeast corner thereof;
17. Thence West along the South line of said Section 20 to the Northwest corner of Section 29,
T4S, R3E;
18. Thence South along the West line of said Section 29 to the Southwest corner thereof,
19. Thence East along the South line of said Section 29 to the Northeast corner of Section 32,
T4S, R3E;
20. Thence South along the East line of said Section 32 to the Southeast corner thereof;
21. Thence West along the South line of said Section 32 to the Northeast corner of Section 5,
T5S, R3E;
22. Thence South along Section lines to the Northwest corner of Section 16, T5S, R3E;
23. Thence East along the North line of said Section 16 to the Northeast corner thereof;
24. Thence South along the East line of said Section 16 to the Northwest corner of Section 22,
T5S, R3E;
25. Thence East along the North line of said Section 22 to the Northeast corner thereof,
26. Thence South along the East line of said Section 22 to the Northwest corner of Section 26,
T5S, R3E;
27. Thence East along the North line of said Section 26 to the Northeast corner thereof;
28. Thence South along Section lines to the Northwest corner of Section 1, T6S, R3E;
29. Thence East along the North line of said Section 1 to the Northeast corner thereof, being a
point of intersection with the Palm Springs Unified School District boundary line defined by the
West line of Section 31, T5S, R4E;
30. Thence Easterly and Southerly along the Palm Springs Unified School District boundary line
to a point of intersection with the south Riverside County line;
31. Thence Easterly along the Riverside County line, also being the southernmost boundaries of
the Palm Springs Unified School District, the Desert Sands Unified School District and the
Coachella Valley Unified School District, to a point of intersection with the border between
Range 10 East and Range 11 East;
PAGE 1 OF 2
ORDINANCE NO. 1129
EXHIBIT A
32. Thence Northerly along the border between Range 10 East and Range I l East to a point of
intersection with the south boundary of Joshua Tree National Park;
33. Thence Northerly and Westerly along the Joshua Tree National Park boundary line to a point
of intersection with the north Riverside County line;
34. Thence Westerly along the north Riverside County line to the Point of Beginning.
PAGE 2 OF 2