HomeMy WebLinkAbout21056 - RESOLUTIONS - 7/21/2004 RESOLUTION NO. 21056
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. 8
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. 8 (hereafter referred to as "District No. 8") 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. 8 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. 8 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: 8%
No: 92%
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. 8 prior to the conclusion of the Public
Hearing, and the property owner protest proceeding held for District No. 8 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. 8 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. 8 shall not
change.
Section 4. The City Engineer is hereby ordered to amend the Engineer's Report for
District No. 8 to decrease the total assessment levied against parcels of land within District '
No. 8 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. 8.
Resolution 21056
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 Foat, McCulloch, Mills, Pougnet, and Mayor Oden
NOES: None
ABSENT: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
City Clerk City Manager
Reviewed and Approved as to Form: