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HomeMy WebLinkAboutCC RES 98-070RESOLUTION NO. 98-70 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 PROPERTY AND BUSINESS IMPROVEMENT ASSESSMENT 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 proceedings for the President's Plaza Property and Business Improvement Assessment District (hereafter referred to as the "District") 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 the California Constitution Articles XIIIC and XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and a maximum annual assessment over the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection 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 June 11, 1998 did cast their ballots, the results of which are illustrated below: Total Ballots Cast $ 88,963.38 Yes Total $ 68,219.36 No Total $ 20,744.02 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1: The above recitals are true and correct. Section 2: The protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on June 11, 1998, weighted according to the proportional financial obligation of the affected property. Section 3: The results of the tabulation of the valid property owner protest ballots returned by the property owners within said District, prior to the conclusion of the Public Hearing and property owner protest proceeding held for the District on June 11, 1998, is hereby confirmed and made public record. 1 RESOLUTION NO. 98-70 Section 4: The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates approval of the assessment and maximum assessment allowed over the next five years. Therefore the City Council is hereby authorized to take the necessary steps to levy the assessments as approved. Section 5: 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 6: This Resolution shall become effective immediately upon its adoption. Section 7: The City Clerk shall certify the adoption of this Resolution. The foregoing Resolution 98-70 was passed and adopted by the City Council of the City of Palm Desert on this Eleventh day of June, 1998, by the following vote: AYES: FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE ATTEST: City Clerk S : i LA R. G. ii IGAN City of Palm Desert L 2 1 Mayor JEAN M. BENSON City of Palm Desert