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HomeMy WebLinkAboutCC RES 04-041RESOLUTION NO. 04-41 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING FOR CERTAIN ZONES WITHIN THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT WHEREAS, the City Council of the City of Palm Desert, California (hereafter referred to as City Council) called and duly held a property owner protest proceeding for certain zones of the Consolidated Landscaping and Lighting District (hereafter referred to as District) pursuant to the provisions of 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 Act) and the California Constitution Articles XIIIC and XIIID, for the purpose of presenting to the qualified property owners within certain Zones of the District the increased annual levy of assessments for the costs and expenses of the operation, maintenance, repair and servicing of landscape maintenance easement areas, street lighting and all appurtenant facilities and operations related thereto; and, WHEREAS, the landowners of record within the following Zones of the District as of the close of the Public Hearing held on May 13, 2004 did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below: ZONE Zone # 5 Cook and Country Club — Desert Mirage Sub - zone Zone # 6 Hovley Lane — The Glen Sub -zone Zone # 6 Hovley Lane — Hovley Estates Sub -zone Zone # 6 Hovley Lane — Sonata I Sub -zone Zone # 6 Hovley Lane — Sonata II Sub -zone Zone # 6 Hovley Lane — Hovley Collection Sub -zone YES NO $5,186.16 (70%) $2,222.64 (30%) $1,105.92 (50%) $4,673.04 (100%) $3,211.80 (71.43%) $7,172.04 (88.06%) $4,385.92 (48.28%) $1,105.92 (50%) 0 $1,284.72 (28.57%) $ 972.48 (11.94%) $4,699.20 (51.72%) RESOLUTION NO. 04-41 Zone # 6 Hovley Lane $2,948.64 (72.73%) $1,105.74 (27.27%) — La Paloma I Sub - zone Zone # 6 Hovley Lane $1,514.24 (57.14%) $1,135.68 (42.86%) — Sandpiper Court Sub -zone Zone # 6 Hovley Lane $3,005.28 (100%) 0 — Sandpiper West Sub -zone Zone # 6 Hovley Lane $1,995.90 (45.45%) $2,395.08 (54.55%) — Hovley Court West Sub -zone Zone # 8 — Palm Gate $ 962.28 (33.33%) Zone #14 — K & B at $6,328.80 (66.67%) Palm Desert $1,924.56 (66.67%) $3,164.40 (33.33%) 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 returned Section 3 of the The results of the tabulation of the valid property owner protest ballots by the property owners within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on May 13, 2004, is hereby confirmed and made public record. The City Clerk is hereby directed to enter this Resolution on the minutes City Council, which 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. Section 5 The City Clerk shall certify the adoption of this Resolution. 2 CITY OF PALM DESERT RESOLUTION NO. 04-41 PASSED, APPROVED, AND ADOPTED this _13th day of _May_, 2004. ATTEST: ROBERT A. SPIEGL, YOR RACH LLE D. KLASSEN, CITY CLERK ) CITY OF PALM DESERT STATE OF CALIFORNIA) COUNTY OF RIVERSIDE)ss. CITY OF PALM DESERT) 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. _04-41_ was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 13th_ day of May_ , 2004 by the following vote: AYES: BENSON, CRITES, KELLY, SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAINED: NONE 3