HomeMy WebLinkAboutRES 2021-511
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RESOLUTION NO. 2021-51
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, DECLARING THE RESULTS OF A PROPERTY
OWNER PROTEST PROCEEDING FOR THE PRESIDENT'S PLAZA III
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND
APPROVING CERTAIN RELATED ACTIONS
The City Council of the City of Palm Desert (hereafter referred to as the "City Council")
does resolve as follows:
WHEREAS, The City Council called and duly held a property owner protest
proceeding for the President's Plaza III Property and Business Improvement District
(hereafter referred to as the "District") in order to present to qualified District property owners
the annual levy of assessments and a maximum annual assessment over the next five
years, pursuant to the provisions of Property and Business Improvement District Law of
1994, part 7 of division 18 of the Streets and Highways Code of California (hereafter referred
to as the "Act"), and California Constitution articles XIII C and XIII D. The assessments
will pay for the costs and expenses of maintaining and operating District landscaping,
lighting, street sweeping, and all appurtenant facilities related thereto; and
WHEREAS, the landowners of record within the District, as of the close of the public
hearing held on July 8, 2021, did cast their ballots, the results of which are shown below:
Total Cast
$ 34,912.04
Total "YES" Total "NO"
$ 30,416.65 (87%) $ 4,495.39 (15%)
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE
CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2.
Section 3.
Ballot Process. The protest proceeding was conducted with ballots presented
to qualified District property owners. These ballots were returned to the city
clerk on July 8, 2021. They were weighted according to the proportional
financial obligation of the affected property.
Confirmation of Ballot Results. The results of the counting of the valid property
owner protest ballots that property owners within the District returned, prior
to the conclusion of the July 8, 2021 District public hearing and property owner
protest proceeding, is hereby confirmed and made a public record.
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RESOLUTION NO. 2021-51
Section 4.
Levy of Assessment. The counting of the valid property owner protest ballots
that property owners within the District returned, indicates approval of the
assessment and the maximum assessment that will be allowed over the next
five years. The City Council is hereby authorized to take the necessary steps
to levy the assessments as approved.
Section 5. Direction to City Clerk. The city clerk is hereby directed to enter this
resolution into the minutes of the City Council meeting. This will constitute the
official declaration of the result of the property owner protest proceeding.
Section 6. Effective upon Adoption. This resolution will become effective immediately
upon adoption.
Section 7. Certification of Resolution. The city clerk will certify the adoption of this
resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of July 2021, by the following vote:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
/72
KATHLEE614<cuZif
ELLYMAOR,j
M. GLOREA-$ANCHEZ, AC ING CITY CLERK
CITY OF/PALM DESERT, ALIFORNIA
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