HomeMy WebLinkAboutCC RES 08-068RESOLUTION NO, 08-68
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DECLARING THE RESULTS OF THE PROPERTY OWNER
PROTEST BALLOT PROCEEDINGS CONDUCTED FOR THE PROPOSED
PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
ASSESSMENTS COMMENCING WITH FISCAL YEAR 2008-2009
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 Properly 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 Article XIIID, for the purpose of presenting to the qualified property owners
within the District the annual levy of assessments and maximum annual assessments over the next five
years to pay for the costs and expenses associated with the maintenance of parking lot landscaped
areas, the maintenance and operation of parking lot lighting facilities, debris removal, the maintenance
of parking lot surface areas, and all appurtenant facilities related thereto; and,
WHEREAS, the assessments presented to the property owners of record within the District
reflects each property's proportional financial obligation related to the ongoing operation,
maintenance and servicing of the improvements, related facilities and activities that will provide
special benefit to the properties within the District. The ballots presented clearly identified the total
amount balloted to all properties, the proposed assessment rates, the property's proportional annual
amount commencing with Fiscal Year 2008-2009 and an annual inflationary adjustment applicable
to future assessments; and,
WHEREAS, upon the close of the Public Hearing held on July 10, 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: $65,595.78
No: $44.685.18
•
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Palm Desert,
California, as follows:
Section 1: The preceding recitals are true and correct.
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RESOLUTION NO. 08-68
Section 2: The protest proceedings were conducted with the notices and ballots of the proposed new
assessments presented to the qualified property owners within the District as required by law, with a
required receipt of the returned ballots to the City Clerk prior to the close of the Public Hearing on
July 10, 2008.
Section 3: 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 is
hereby approved and confirmed.
Section 4: The City Clerk is hereby directed to enter this Resolution on the minutes of this meeting,
which shall constitute the offirial declaration of the result of such property owner protest ballot
proceeding.
Section 5: This Resolution shall become effective immediately upon its adoption.
Section 6: The City Clerk shall certify the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council,
held on this 10th day of July, 2008, by the following vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINED: NONE
ATTEST:
RA HELLE D. SSEN, City Clerk
City of Palm Desert, California
FERGUSON, FINERTY, KELLY, SPIEGEL, and BENSON
NONE
NONE
J M. BENSON, My r
i of Palm Desert, California
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