HomeMy WebLinkAboutCC RES 99-076RESOLUTION NO. 99-76
`^ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER
,� , PROTEST BALLOT PROCEEDING FOR ZONE 13 WITHIN THE
CONSOLIDATED PALM DESERT LANDSCAPING AND LIGHTING DISTRICT
FOR FISCAL YEAR 1999/2000; AND APPROVING CERTAIN RELATED ACTIONS
The City Council of the City of Palm Desert (hereafter refened to as the "City Council") does resolve as
follows:
WHEREAS, the City Council called and duly held a public meeting and public hearing for
the Consolidated Palm Desen Landscaping and Lighting District (hereafter referred to as the "District")
pursuant to the Landscaping and Lighting Act of 19i�, Part 2 of Division 1 S o`the Streeu and Highways
Code of California, beginning with Section 22500 (hereafter referred to as the "Act"), and there has been
presented to the City Council an Engineer's Report as required by Chapter 2, Article 1, Section 22585 of
said Act; and,
WHEREAS, the City Council has determined that new landscape improvements proposed for
Zone 13 (Palm Desert Country Club) within the District, will provide special benefits to properties
within said Zone, and that the cost and expenses of the new improvemenu require an increase in the
annual assessment previously approved by the property owners, and that said increase must be
'"""' approved by the property owners in accordance with the provisions of the California Constitution,
Anicles XIIID prior to the improvements being installed and constructed; and,
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WHERBAS, the City Council has conducted a propercy owner protest proceeding relating to
che imor��•: emenu and the proposed assessment increase for properties within Zone 13 (Palm Desert
Country Club) as described in the Engineer's Report; and,
W��RF.AS, the purposed assessment increase was submitted to all qualified properry owners
through an assessment ballot that described the current maximum assessment (previously approved by
the properry owners), the proposed assessment for Fiscal Year 1999/2000 and the proposed new
maximum assessment that includes an assessment range formula related thereto, in accordance with the
California Constitution Articles XIIID; and,
WHEREAS, the landowners of record within Zone 13 of the District as of the close of the
Public Hearing held on July 8, 1999 did cast their ballou, the results of which are illustrated below:
Yes: $12,247.94
No: � 6,497.80
A
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RESOLUTION NO.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE:
Section 1 The above recitals are true and correct. �
Section 2: The protest proceedings for the Zone 13 District assessment increase was conducted with
ballots presented to qualified property owners of the District for receipt by the City Clerk prior to the
conclusion of the Public Hearing on July 8, 1999 with each ballot weighted according to the proportional
financial obligation of the affected property.
Section 3 The tabvlation of the valid property owner protest ballots retumed by the property
owners within said District is hereby confirmed and made public record T4�e City Council hereby
confirms the assessment and assessment range formula as approved by the properry owners.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of the City
Council which shall constitute the official declaration of the result of such property owner protest
proceeding.
Section 5 This Resolution shall become effective immediately upon its adoption and the City
Clerk shall certify the adoption of this Resolution. �
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RESOLUTION NO. 99-76
'� PASSED, APPROVED, AND ADOPTED THIS 8th DAY OF .7uly , 1999.
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESER'1�
� •
Robert A. Spiegel, Mayo
City Council
I, Sheila R. Gilligan , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 99-76 was regularly adopted by the Ciry Council of said City of
Palm Desert at a regular meeting of said council held on the 8 th day of
July , 1999, by the following vote:
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AyE$; Ben�on, Crites, Kelly, Spiegel
� NOES: None
ABSENT: Ferguson
ABSTAINED: None
�
Sheila R. Gilligan CMC, City
City of Palm Desert
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