HomeMy WebLinkAbout22130 - RESOLUTIONS - 1/16/2008 RESOLUTION NO. 22130
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
2008-09 FOR THE PALM SPRINGS STREET LIGHTING
MAINTENANCE DISTRICT N0, 2.
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. 2 (hereafter referred to as "District No. 2") pursuant to the provisions of the
Street Lighting Act of 1931, Part 2 of Division 14 of the Streets and Highways Code of
the State of California, beginning with §18300 (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. 2 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. 2 as of the close of the Public
Hearing held on January 16, 2008, did cast their ballots, the results of which are
illustrated below:
Yes: 788.46
No: 12,615.36
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. 2 prior to the conclusion of the Public
Hearing, and the property owner protest proceeding held for District No. 2 on January
16, 2008, 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. 2 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. 2 shall not
change.
Resolution No. 22130
Page 2
Section 4. The City Engineer is hereby ordered to amend the Engineer's Report for
District No. 2 to decrease the total assessment levied against parcels of land within
District No. 2 to the level previously established and approved in accordance with Article
MID of the California Constitution, or to decrease the total assessment to $0.00, as
otherwise may be directed by the City Council.
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. 2, 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 16th day of January, 2008.
David H. Ready, Ci y er
ATTEST:
• � ames Thompson, City Clerk
Resolution No. 22130
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. 22130 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 16th day of
January, 2008, by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None,
ABSTAIN: None-
es Thompson, City Clerk
ity of Palm Springs, California 1�361�400E)