HomeMy WebLinkAboutCC RES 02-042RESOLUTION. No. 02-42
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
DIAMONDBACK LANDSCAPING AND LIGHTING DISTRICT AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a public hearing for the "Diamondback
Landscaping and Lighting District" (hereafter referred to as the "District') located at Diamondback
Road and Hovley Lane West; 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 May 9, 2002 did cast their ballots, the results of which are illustrated below:
Yes: $
-0-
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 May 9, 2002, with each ballot
weighted according to the proportional financial obligation of the 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.
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RESOLUTION: No. 02-42
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 9th day of May 2002.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
i
I, Shiela R. Gilligan , City Clerk of the City of Palm Desert, County of
Riverside, State of California do hereby certify that the foregoing Resolution No. 02-42 was
regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said
council held on the 9th day of May , 2002 by the following vote:
AYES: BENSON, CRITES, FERGUSON, SPIEGEL, KELLY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
M yor, Richard Ke
Citvof Palm Desert
City Clerk, Sheila R. Gill'
City of Palm Desert
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