HomeMy WebLinkAboutCC RES 08-071RESOLUTION NO. 08-71
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER
PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED LEVY OF
NEW OR INCREASED ASSESSMENTS RELATED TO ZONE 05 — SANDCASTLES OF
THE PALM DESERT CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT
COMMENCING WITH FISCAL YEAR 2008-2009
The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does
resolve as follows:
WHEREAS, the City Council by previous resolutions, initiated proceedings and declared its
intention to conduct a protest balloting for the levy of proposed new or increased assessments to
pay for the ongoing operation, maintenance and servicing of the landscaping and lighting
improvements and appurtenant facilities associated with "Zone 05 — Sandcastles of the Palm Desert
Consolidated Landscaping and Lighting District (hereafter referred to as "Sandcastle Zone");
commencing in Fiscal Year 2008-2009 for the special benefits received by properties therein from
the improvements related thereto, pursuant to the provisions of the Landscaping and Lighting Act
of 1972, Part 2 of Division 15 of the California Streets and Highways Code(commencing with
Section 22500); and,
WHEREAS, in accordance with the provisions of the California Constitution, Article
XIIID, the City Council has caused and conducted a property owner protest ballot proceeding for
the proposed new or increased assessments to be levied on properties within the Sandcastles Zone;
and,
WHEREAS, the assessments presented to the property owners of record within the
Sandcastle Zone reflects each property's benefit and proportional financial obligation related to the
ongoing operation, maintenance and servicing of the improvements and facilities that will provide
special benefit to the properties within the Sandcastle Zone. The ballots presented clearly identified
the total amount balloted to all properties, the proposed assessment rates, the property's
proportional annual amount commencing with Fiscal Year 2008-2009 and an annual inflationary
adjustment applicable to future assessments; and,
WHEREAS, upon the close of the Public Hearing held on July 10, 2008 the protest ballots
returned by the landowners of record within the Sandcastles Zone, were opened and tabulated, the
results of which are illustrated as follows:
Yes: $1,050.00
No: $1,800.00
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Palm Desert,
California, as follows:
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RESOLUTION NO. 08-71
Section 1 The preceding recitals are true and correct.
Section 2 The protest proceedings were conducted with the notices and ballots of the
proposed new or increased assessment presented to the qualified property owners within the
Sandcastle Zone as required by law, with a required receipt of the returned ballots to the City
Clerk prior to the close of the Public Hearing on July 10, 2008.
Section 3 The canvass of the protest ballots cast for the Sandcastle Zone and received
prior to the close of the public hearing, weighted according to the proportional financial
obligation of the affected properties is hereby approved and confirmed.
Section 4 The City Clerk is hereby directed to enter this Resolution on the minutes of
this meeting, which shall constitute the official declaration of the result of such property
owner protest ballot 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 10th day of July, 2008, by the following vote, to wit:
AYES:
FERGUSON, FINERTY, BELLY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
RACHELLE D. KLASEN, City Clerk
City of Palm Desert, California
M. BENSON, Mayor
ty of Palm Desert, California
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