HomeMy WebLinkAboutCC RES 02-048RESOLUTION. No. 02-48
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
SHEPHERD LANE LANDSCAPING AND LIGHTING DISTRICT AND
APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a public hearing for the "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 May 9, 2002 did cast their ballots, the results of which are illustrated below:
Yes: $ 9,793.20 No: $ 14,200.14
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
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RESOLUTION: No . 02-48
Section 3:
assessment rate and included an assessment range formula as described in the
Engineer's Report.
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 23rd day of May 2002.
STA 1h OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PAtM DESERT
,,.✓ , City Clerk of the City of Palm Desert, County of
Riverside, State of Caliania do hereby certify that the foregoing Resolution No. 02-48 was
regularly adopted by the City Council of said City o{ Palm Desert at a regular meeting of said
council held on the 23rd day of May , 2002 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAINED:
BENSON, CRITES, SPIEGEL, KELLY
NONE
FERGUSON
NONE
Mayor, Richard Kelly
Cjf 1 alm Dest"rt
ity C1erk,Sheila R. i1
City of Palm Desert
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