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HomeMy WebLinkAbout21053 - RESOLUTIONS - 7/21/2004 RESOLUTION NO. 21053 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY OWNER PROTEST PROCEEDING RELATED TO THE PROPOSED ASSESSMENT INCREASE AND APPROVING CERTAIN ACTIONS RELATED THERETO FOR FISCAL YEAR 2004-2005 FOR THE PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 6C WHEREAS, the City Council of the City of Palm Springs, California called and duly held a property owner protest proceeding for the Palm Springs Parkway Maintenance District No. 6C (hereafter referred to as "District No. 6C") pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and Highways Code of the State of California, beginning with §22500 (hereafter referred to as the "Act"), and Articles XIIIC and XIIID of the California Constitution, for the purpose of presenting to the qualified property owners within District No. 6C the increased annual levy of assessments for the costs and expenses of the operation, maintenance, repair and servicing of landscaping and lighting improvements and all appurtenant Facilities and operations related thereto; and, WHEREAS, the landowners of record within District No. 6C as of the close of the Public Hearing held on July 21, 2004, did cast their ballots, the results of which are illustrated below: , Yes: 15% No: 85% NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Palm Springs, 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 District No. 6C prior to the conclusion of the Public Hearing, and the property owner protest proceeding held for District No. 6C on July 21, 2004, is hereby confirmed and made public record. Section 3. The tabulation of the valid property owner protest ballots returned by the property owners within District No. 6C indicates denial of the proposed increased assessment, and in accordance with Article XIIID of the California Constitution the maximum annual levy to be assessed on parcels of land within District No. 6C shall not change. Section 4. The City Engineer is hereby ordered to amend the Engineer's Report for District No. 6C to decrease the total assessment levied against parcels of land within , District No. 6C to the level previously established and approved in accordance with Article XIIID of the California Constitution. Section 5. The City Council is hereby authorized to take the necessary actions related to the levy of the previously established maximum assessments within District No. 6C. Resolution 21053 Page 2 Section 6. 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 7. This Resolution shall become effective immediately upon its adoption. Section 8. The City Clerk shall certify the adoption of this Resolution. ADOPTED this 21"day of July, 2004. AYES: Members Feat, McCulloch, Mills, Pougnet, and Mayor Oden NOES: None ABSENT: None AT CITY OF PALM SPRINGS, CALIFORNIA (,By:=:� Cry Clerk City Manager o!�� Reviewed and Approved as to Form: