HomeMy WebLinkAboutCC RES 04-078RESOLUTION NO. 04-78
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY
OWNER PROTEST PROCEEDING AND APPROVING THE
ENGINEER'S REPORT, ORDERING THE FORMATION OF SEVEN (7)
LANDSCAPING AND LIGHTNG ZONES AND/OR SUBZONES WITHIN
THE CITY'S CONSOLIDATED LANDSCAPING AND LIGHTING
DISTRICT, FOR FISCAL YEAR 2004/2005, AND THE LEVY AND
COLLECTION OF ASSESSMENTS WITHIN SUCH DISTRICT FOR
FISCAL YEAR 2004/2005 AND CONFIRMING DIAGRAMS AND
ASSESSMENTS.
WHEREAS, the City Council of the City of Palm Desert, California (hereafter
referred to as the "City Council") called and duly held a property owner protest proceeding
for seven (7) new zones or subzones within the Consolidated Landscaping and Lighting
District, (hereafter referred to as the "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 the District the 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 Zones as of the close of the
Public Hearing held on July 8, 2004 did cast their ballots, weighted by the proportional
financial obligation of each ballot, the results of which are illustrated below:
ZONE YES NO
Olive Court, Tract 30269 $ 1, 586.10 $ 1, 903.32 (Failed)
Petunia I, Tract 30025 2,574.90 2,288.80
Petunia II, Tract 30275 336.78 3,704.58 (Failed)
Sundance East, Tract 30503 3,653.92 456.74
College View Circle, Tract 2,627.04 1,970.28
29444
The Boulders, Tract 30030 1,268.88 317.22
Palm Court, Tract 25373 3,097.44 516.24
Resolution No. 04-78
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE AS FOLLOWS:
Section 1 The above recitals are true and correct.
Section 2 The results of the tabulation of the valid property owner protest ballots returned
by the property owners within said Zones, prior to the conclusion of the Public Hearing and
property owner protest proceeding held for the Zones on July 8, 2004, are hereby
confirmed and made public record.
Section 3 The tabulation of the valid property owner protest ballots returned by the
property owners within said Zones indicates approval of the assessment for certain or all
Zones, and the City Council is hereby authorized to take the necessary steps to levy the
assessments as approved.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of the
City Council, which shall constitute the official declaration of the result of such property
owner protest proceeding.
Section 5 This Resolution shall become effective immediately upon its adoption.
Section 6 The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of July , 2004, by the following
vote, to wit:
AYES: BENSON, CRITES, FERGUSON, BELLY, SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
ROBERT A. SPIEL L, M ybr
RA1-IELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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