HomeMy WebLinkAboutOrd 1129 Amend Bounary Transportation Uniform Mitigation FeeORDINANCE 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.
(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.
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.
EFFECTIVE DATE (REGULAR)
This ordinance shall take effect thirty (30) days after its second reading by the
City Council.
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 31 st day of October, 2006, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
JIM FERGUSON, MAYOR
City of Palm Desert, California
ATTEST:
RACHELLE D. KLASSEN, CITY CLERK
City of Palm Desert, California
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Mark Greenwood, P.E.
Director of Public Works
/dhl
David J. Erwin
City Attorney