HomeMy WebLinkAboutCC RES 02-129RESOLUTION NO. 02-129
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER
PROTEST PROCEEDING FOR THE TERRITORY WITHIN THE PROPOSED
SUNDANCE/SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT
AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a public hearing for the
"Sundance/Shepherd Lane Landscaping and Lighting District" (hereafter referred to as the
"District") located along Shepherd Lane; west of Portola Avenue, south of Gerald Ford Drive,
north of Frank Sinatra Drive and generally east of Monterey Avenue; and the concurrent
annexation of said District and territory into the Palm Desert Consolidated Landscaping and
Lighting District (hereafter referred to as the "Consolidated District") pursuant to the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets 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 conducted property owner protest ballot
proceedings relating to the improvements and services described in the Engineer's Report for the
purpose of presenting to the qualified property owners an assessment and assessment range
formula establishing a maximum assessment for the levy and collection of assessments related
thereto in accordance with the provisions of the California Constitution Article XIIID; and,
WHEREAS, the landowners of record within the District as of the close of the Public
Hearing held on October 10, 2002 did cast their ballots, the results of which are illustrated
below:
Yes: $ 13, 246.92 No: $ -0-
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES HEREBY RESOLVE, ORDER AND DETERMINE:
Section 1: The preceding recitals are true and correct.
Section 2: The protest proceedings for the District assessments were 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 October 10, 2002, with
each ballot weighted according to the proportional financial obligation of the
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RESOLUTION: 02-129
affected property. The proportional financial obligation for each parcel was based
on a maximum assessment rate and included an assessment range formula as
described in the Engineer's Report.
Section 3: The tabulation of the valid property owner protest ballots returned by the
property owners within said District is hereby confirmed and made public
record. The City Clerk is hereby directed to enter this Resolution on the minutes
of the City Council that shall constitute the official declaration of the result of
such property owner protest proceeding.
Section 4: This Resolution shall become effective immediately upon its adoption and the
City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th__ day of October 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
I, Rachelle D. Klassen , City Clerk of the City of Palm Desert, County
of Riverside, State of California do hereby certify that the foregoing Resolution No. 02-129
was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of
said council held on the 24th day of October , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Mayor, Richard S. _K
City of Palm Desert
City Clerk, Rachelle D. Kassen
City of Palm Desert
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