HomeMy WebLinkAbout21156 - RESOLUTIONS - 12/1/2004 RESOLUTION NO. 21156 '
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DETERMINING THAT
SHOULD MEASURE B BE ADOPTED, THEN THE PUBLIC
INTEREST AND NECESSITY DEMAND THE ACQUISITION
OF REAL PROPERTY FOR OPEN SPACE, WILDLIFE
HABITAT AND CONSERVATION PURPOSES WITHIN THE
MOUNTAIN REGION ESTABLISHED BY MEASURE B AND
TO COMPENSATE PROPERTY OWNERS FOR TAKINGS
WHICH MAY ARISE IN CONNECTION WITH SAID
MEASURE B AND MAKING FINDINGS RELATING
THERETO
WHEREAS, an initiative measure (the "Initiative") to establish a Mountain Region
("Region") designation over 55.5 square miles of land in the City of Palm Springs (the "City")
and limit development to one residential unit per 40 acres of land within such Region was
circulated and received sufficient signatures to be placed on the ballot, and on September 13,
2004 was declared sufficient by the City Clerk; and '
WHEREAS, the City Council on November 10, 2004 determined to place the measure on
the March 8, 2005 ballot along with certain other measures; and
WHEREAS, the City Council has received written claims from various property owners
alleging a substantial diminution of their property values if Initiative is enacted, that they will be
deprived of all value of their property, and that there is not sufficient public benefit to justify the
enactment of such regulations, and that a regulatory taking of property without just compensation
will result from the Initiative; and
WHEREAS, the City Council has determined that general obligation bonds should be
issued for the purpose of raising monies to acquire property for open space, wildlife habitat and
conservation purposes within the Region and to compensate property owners for legally valid
claims for just compensation should Initiative be approved; and
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, AS FOLLOWS:
SECTION 1. That should the Initiative be approved by the voters at the Special
Election held on March 8, 2005, then the public interest and necessity demand the acquisition
construction or completion of municipal improvements,to wit. Acquisition of real property
within the Mountain Region as established in the Initiative for open space, wildlife habitat and ,
for conservation purposes and where legally necessary, to compensate property owners for a
taking of their property(the "Improvements"), and the issuance of general obligation bonds of
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Resolution 21156
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The City to finance the costs thereof.
SECTION 2. That the estimated cost of said acquisition is not to exceed
$150M. Said estimated costs include provisions for legal and other fees, costs of printing
the bonds and other costs and expenses incidental to or connected with the issuance and
sale of general obligation bonds to finance the costs of the Improvements.
SECTION 3. That said municipal acquisitions require expenditures greater
than the amount allowed for them by the annual tax levy and are necessary and
convenient to carry out the objectives, purposes and powers of the City.
ADOPTED this 1 st day of December, 2004.
AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST: CITY OF PALM SPRINGS, CALIFORNIA
Acting City Clerk City Manager
Reviewed and Approved as to Form:
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