Loading...
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