HomeMy WebLinkAbout21364 - RESOLUTIONS - 7/20/2005 RESOLUTION NO. 21364
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
SPRINGS, CALIFORNIA, DECLARING THE RESULTS OF THE
PROPERTY OWNER PROTEST BALLOT PROCEEDING ON THE
PROPOSED ASSESSMENTS RELATED TO THE ANNEXATION
OF MOUNTAIN GATE II (TRACTS 32028-1 AND 32028) TO THE
PALM SPRINGS PARKWAY MAINTENANCE DISTRICT NO. 10
("MOUNTAIN GATE") AND APPROVING CERTAIN RELATED
ACTIONS
WHEREAS, the City Council called and duly held a public hearing regarding the
annexation of territory known as "Mountain Gate ll" (Tracts 32028-1 and 32028),
(hereafter referred to as "Annexation No. 1") to the Palm Springs Parkway Maintenance
District No. 10 ("Mountain Gate"), (hereafter referred to as the "District'); and the annual
levy of assessments for the ongoing operation, maintenance and servicing of landscape
improvements and appurtenant facilities related thereto, pursuant to the provisions of
the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the Streets and
Highways Code of California, beginning with Section 22500 (hereafter referred to as the
"Act'); and,
WHEREAS, pursuant to the provisions of the California Constitution Articles XIIIC and
XIIID, the City Council called and conducted a property owner protest ballot proceeding
for the proposed annual levy of assessments upon properties within Annexation No. 1,
including the establishment of a maximum assessment and assessment range formula;
and said assessments were presented to the property owners of record within
Annexation No. 1 by mailed notice and ballot; and,
WHEREAS, upon the close of the public testimony at the Public Hearing held on July
20, 2005, all valid ballots returned by the landowners of record within Annexation No. 1
were opened and tabulated, the results of which are illustrated below, weighted by the
proportional financial obligation of each ballot pursuant to the California Constitution
Article XIIID:
Yes: $48,277.00
No: $ .00
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The above recitals are all true and correct.
Section 2. Pursuant to the provisions of the California Constitution, the results of the
tabulation of the valid property owner protest ballots returned by the property owners of
record within Annexation No. 1 prior to the conclusion of the noticed Public Hearing held
on July 20, 2005, is hereby confirmed and made public record.
Resolution No. 21364
Page 2
Section 3. The tabulation of the valid property owner protest ballots returned by the '
property owners within Annexation No. 1 indicates that majority protest of the proposed
assessments does not exist, and the City Council is authorized to take the necessary
steps to levy the assessments as approved.
Section 4. The City Clerk is hereby directed to enter this Resolution into the minutes
of the City Council, which shall constitute the official declaration of the result of such
property owner protest proceeding.
Section 5. This Resolution shall become effective immediately upon its adoption and
the City Clerk shall certify the adoption of this Resolution.
ADOPTED this 20th day of July 2005.
David H. Ready, -Manager
ATTEST:
?JeFThompson, City Jerk
CERTIFICATION '
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 21364 is a full, true and correct copy, and was duly adopted at a regular
meeting of the City Council of the City of Palm Springs on July 20, 2005, by the
following vote:
AYES: Councilmember Foat, Councilmember Pougnet, Councilmember Mills,
Mayor Pro Tem McCulloch and Mayor Oden.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Ymes Thompson, City Clerk
of Palm Springs, California