HomeMy WebLinkAbout18338 - RESOLUTIONS - 3/2/1994 RESOLUTION NO. 18338
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF PALM SPRINGS, CALIFORNIA, DETERMINING THE
AMOUNT OF PROTEST TO THE FORMATION OF AN
ASSESSMENT DISTRICT AND COLLECTION OF
ASSESSMENTS UNDER THE LANDSCAPING AND
LIGHTING ACT OF 1972, AND DISCONTINUING
FORMATION OF SUCH DISTRICT NOTWITHSTANDING
THE LACK OF MAJORITY PROTEST '
WHEREAS, the City Council of the City of Palm Springs ("City
Council" ) has undertaken proceedings to form a Landscaping and
Lighting District ("District") under the Landscaping and Lighting
Act of 1972 ( "Act") , Streets and Highways Code Section 22500,
et sec . ; and
WHEREAS, the Act contains specific procedures which must bE;
followed in forming a district and levying an assessment and
provides that pursuant to Section 22593 that the ;proceedings to
form the district shall be abandoned if there is a majority
protest, but does not require the City to proceed if a lacy, of
majority protest exists;
WHEREAS, on February 9, 1994, the City Council held a public
meeting on formation of the District and imposition of the
assessment; and ,
WHEREAS, on February 23 , 1994, the City Council held a public
hearing on formation of the District and levying of the
assessment; and
WHEREAS, pursuant to Streets and Highways Code Section 22592,
after the public hearing, the City Council must determine whether
a majority protest exists as to formation of the District and
levy of the assessment; and
WHEREAS, even though a majority protest does not exist, the City
Council, after considering all testimony, statements, and
protests, wishes to discontinue proceedings to foam the district
and collect an assessment .
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Palm Springs, California, as follows :
Section 1 . Following an accounting, and pursuant to Streets
and Highways Code Section 22592, the City Council
hereby declares that the percentage of protest '
against the formation of the Distract and the
levying of the assessment was 14.65,5, and that a
majority protest (as defined in Streets and
Highways Code Section 22593) therefore does not
exist .
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I;52\391/"14"N4-M13A2"N6211.1 (12/28/94
Section 2 . The City Council further finds that all
requirements relative to formation of the
District, up through the holding of a public
hearing, have been taken in full compliance with
the Act .
Section 3 . The City Council hereby determines that, despite
the fact that a majority protest does not exist,
the City will not proceed with adoption of the
' resolution forming the District and levying the
assessment, as permitted by Streets and Highways
Code Section 22594 . The City Council finds that
sufficient public concern exists over formation of
the District and levy of the assessment to
discontinue the proceedings to form the district
and collect the assessment .
ADOPTED this 2nd day of March , 1994
AYES : Members Hodges, Lyons, Reller-Spurgin and Schlenodrf
NOES : Mayor Maryanov
ABSTAIN: None
ABSENT: None
ATTEST: CIT OF PALM SPRINGS LIFORNIA
l,gy ���. C,-�
'Zity Clerk Ci anager
REVIEWED & APPROVED: //�• Ns •
I+S2\397/0140840013\2086211.1 02/28/94