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HomeMy WebLinkAboutCC RES 02-070RESOLUTION NO. 02-70 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 COLLEGE VIEW ESTATES II/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 June 27, 2002 did cast their ballots, the results of which are illustrated below: Yes: $ 13,674.24 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 June 27, 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. Page 1 of 2 RESOLUTION: 02-70 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 27th day of Tune 2002. STATE OF CALIFORNIA COUNTY O. ' VERSIDE Y.OF PAL 1. �, RT I, ss. , City Clerk of the City of Palm Desert, County of Riverside, State of C. nia do hereby certify that the foregoing Resolution No. 02-70 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 27 th day of June , 2002 by the following vote: AYES: BENSON, FERGUSON, SPIEGEL, KELLY NOES: NONE ABSENT: CRITES ABSTAINED: NONE Mayor, Richard Kelly City of Palm Des Clerk, Sheil�d R. i ligan Aity ity of Palm Desert Page 2 of 2