HomeMy WebLinkAboutCC RES 03-040RE SOLUTION NO.
03-40
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF APROPERTY OWNER PROTEST
PROCEEDING FOR THE PRESIDENT'S PLAZA I 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 I Property and Business Improvement District (hereafter referred to as the
"District") pursuant to the provisions of Property and Businas Inpnrnenrnt District Law tf 1994, Part 7 cf
Dizision 18 cf the Stress and High -cat -is Code (f Califomia (hereafter referred to as the "Act") and the
California Constitution A rtides 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, sweeping, 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 April 10, 2003 did cast their ballots, the results of which are illustrated below:
Total Ballots Cast
$ 86,460.54
Yes Total
$ 73,698.02
No Total
$ 12,762.52
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 April 10, 2003, 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 April 10, 2003, is hereby confirmed and made public
record.
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.
RESOLUTION NO, 03-40
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 03-40 was passed and adopted by the City Council` of the City of
Palm Desert on this Tenth day of April, 2003, by the following vote:
AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
JEAN M. BENSON, MAYOR
Ciof Palm Desert
A LEST:
RACHELLE D. KLASSEN, CITY CLERK
City of Palm Desert