HomeMy WebLinkAbout21646 - RESOLUTIONS - 7/19/2006 RESOLUTION NO. 21646
A RESOLUTION 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 2006-07 FOR THE PALM SPRINGS STREET
LIGHTING MAINTENANCE DISTRICT NO, 4.
WHEREAS, the City Council of the City of Palm Springs, California, called and duly held a
property owner protest proceeding for the Palm Springs Street Lighting Maintenance District
No. 4 (hereafter referred to as "District No. 4") 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. 4 the increased annual levy of assessments for the costs and
expenses of the operation, maintenance, repair and servicing of street lighting and all
appurtenant facilities and operations related thereto; and,
WHEREAS, the landowners of record within District No. 4 as of the close of the Public
Hearing held on July 19, 2006, did cast their ballots,the results of which are illustrated below:
Yes: 194.60 ( 9%)
No: 2,043.30 (91%)
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE 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. 4 prior to the conclusion of the Public Hearing, and
the property owner protest proceeding held for District No. 4 on July 19, 2006, 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.4 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. 4 shall not change.
Section 4. The City Engineer is hereby ordered to amend the Engineer's Reportfor District
No. 4 to decrease the total assessment levied against parcels of land within District No. 4 to
the level previously established and approved in accordance with Article XIIID of the California
Constitution, or to decrease the total assessment to $0.00, as otherwise may be directed by
the City Council.
i
Resolution No. 21646
Page 2
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. 4, or to levy
no assessment, as determined by the City Council.
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 19`h day of July, 2006.
David H. Ready, Cit ana
ATTEST:
?Esi�hom�pson, ity Clerk
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. 21646 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 19, 2006, by the following vote:
AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet,
Mayor Pro Tem Foat and Mayor Oden
NOES: None
ABSENT: None
ABSTAIN: None
/4dmes Thompson, City Clerk '
City of Palm Springs, California