HomeMy WebLinkAboutCC RES 06-152RESOLUTION NO. 06-152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT ACCEPTING AND APPROVING AN ENGINEER'S REPORT IN
CONNECTION WITH THE PROPOSED FORMATION OF THE SECTION
29 ASSESSMENT DISTRICT (NO. 2004-2), AND APPOINTING A TIME
AND PLACE FOR HEARING PROTESTS
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. Pursuant to a resolution of the City Council of the City of Palm
Desert declaring its intention to order certain acquisitions and improvements for the
proposed Section 29 Assessment District (No. 2004-2), the Assessment Engineer,
Wildan and MuniFinancial, has filed with the City Clerk of the City of Palm Desert and
the City Clerk has presented to the City Council a report entitled, "City of Palm Desert,
Preliminary Engineer's Report, Section 29 Assessment District, No. 2004-2," regarding
the proposed assessment district, assessments, acquisitions and improvements
described in such resolution of intention, prepared in accordance with the requirements
of the Municipal Improvement Act of 1913 (California Streets and Highways Code
Section 10000, et seq.), Part 7.5 of the Special Assessment Investigation, Limitation
and Majority Protest Act of 1931 (Division 4 of the California Streets and Highways
Code) (the "1931 Act") and Article XIII D of the California Constitution (the "Report").
Section 2. The City Council has carefully examined and reviewed the
Report as presented.
Section 3. The Report is hereby accepted and preliminarily approved as
filed and ordered to remain open to public inspection in the office of the City Clerk.
Section 4. The City Council hereby appoints Thursday, January 11, 2007
at 4:00 p.m. in the Council Chambers, City Hall, 73-510 Fred Waring Drive, Palm
Desert, California, as the time, date and place for a public hearing on the Report and
the imposition of the proposed assessments described therein (the "Public Hearing").
At the conclusion of the public input portion of the Public Hearing, the City Clerk, or an
impartial person designated by the City Clerk, shall tabulate the assessment ballots to
determine if majority protest exists. A majority protest shall exist if assessment ballots
submitted in opposition to the assessment exceed the ballots submitted in favor of the
proposed assessment, with each ballot weighted by the amount of the proportional
financial obligation of the parcel covered by the ballot. At the Public Hearing, all
interested persons shall be permitted to present written and/or oral testimony.
Section 5. In accordance with Section 53753 of the California
Government Code, Part 7.5 of the 1931 Act, and Article XIII D, Section 4 of the
California Constitution, the City Clerk is hereby authorized and directed to give notice of
the time, dated and place of the Public Hearing described in Section 4 hereof by
P6401 / 1033/860994v 1
RESOLUTION NO. 06-152
causing a notice of the Public Hearing and an assessment ballot to be mailed by first
class mail to the record owners of the parcels in the proposed assessment district not
Tess than 45 days before the date of the Public Hearing.
Section 5. The City Council hereby approves the Procedures for the
Completion, Return and Tabulation of Assessment Ballots presented to the City Council
at this meeting and now on file in the office of the City Clerk and open to public
inspection.
Section 7. The City Council hereby designates the Assessment Engineer,
telephone number (800) 755-6864, to answer inquiries regarding the proposed
assessment district and assessments.
PASSED, APPROVED and ADOPTED this 16th day of November 2006 by
the following vote, to wit:
AYES: BENSON, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JI T" USbN, MAYOR
ATTEST:
RACH LLE D. KLASSEN, CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
P6401 / 1033/860994v 1 2