HomeMy WebLinkAbout22303 - RESOLUTIONS - 7/16/2008 RESOLUTION NO. 22303
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, DECLARING THE
RESULTS OF THE PROPERTY OWNER PROTEST
BALLOT PROCEEDINGS CONDUCTED FOR THE
PROPOSED LEVY OF A NEW ASSESSMENT FOR THE
PALM SPRINGS LANDSCAPE MAINTENANCE DISTRICT
NO. 12, SMOKE TREE COMMONS, COMMENCING WITH
FISCAL YEAR 2008-09.
WHEREAS, the City Council (the "City Council") of the City of Palm Springs (the "City"),
initiated proceedings and declared its intention to conduct a protest balloting for the
imposition of assessments for the proposed "Landscape Maintenance District No. 12 —
Smoke Tree Commons" (hereafter referred to as the "District"), to pay for the ongoing
operation, maintenance and servicing of landscape median improvements and
appurtenant facilities within the public right-of-way installed in connection with the
development of commercial properties identified as Parcel Map No. 34289 (Smoke Tree
Commons) commencing in Fiscal Year 2008-2009; pursuant to the provisions of the
Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and
Highways Code(commencing with Section 22500); and,
WHEREAS, in accordance with the provisions of the California Constitution, Article
XIIID, the City Council has caused and conducted a property owner protest ballot
proceeding for the proposed new assessments to be levied on properties within the
District; and,
WHEREAS, the assessments presented to the property owners of record within the
District reflects each property's proportional special benefit and financial obligation
related to the ongoing operation, maintenance and servicing of the improvements and
facilities; and the ballots presented identified the total amount balloted to all properties
within the District, the proposed assessment rate, the proportional annual assessment
amount for the property balloted commencing with Fiscal Year 2008-2009 and an
assessment range formula applicable to future assessments; and,
WHEREAS, upon the close of the Public Hearing held on July 16, 2008 the protest
ballots returned by the landowners of record within the District, were opened and
tabulated, the results of which are illustrated as follows:
Yes votes: $13,339.74
No votes: 0
Resolution No. 22303
Page 2
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
SECTION 1 Recitals: The preceding recitals are all true and correct.
SECTION 2 Procedural Compliance: Pursuant to the provisions of the California
Constitution, a protest ballot proceeding has been conducted with the notices and
ballots of the proposed new assessments presented to the property owners of record
within the District, with a required receipt of the returned ballots to the City Clerk prior to
the close of the Public Hearing on July 16, 2008.
SECTION 3 Confirmation of Ballots: The canvass of the protest ballots cast for the
District and received prior to the close of the public hearing, weighted according to the
proportional financial obligation of the affected properties as presented herein is hereby
approved and confirmed.
SECTION 4 Declaration: The City Clerk is hereby directed to enter this Resolution on
the minutes of this meeting, which shall constitute the official declaration of the result of
such property owner protest ballot proceeding.
SECTION 5 Effective date: This Resolution shall become effective immediately upon
its adoption and the City Clerk shall certify the adoption of this Resolution.
ADOPTED THIS 16th day of July 2008.
_- - David H. Ready, Ci�ilanager
ATTEST:
/ mes Thompso �Cityerk
v
Resolution No. 22303
Page 3
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. 22303 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 the 16t" day of July, 2008, by
the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, and Mayor Pougnet.
NOES: None.
ABSENT: Mayor Pro Tern Foat.
ABSTAIN: None.
?mes Thompson, City Clerk �fpf Palm Springs, California 1