HomeMy WebLinkAboutCC RES 2011-71RESOLUTION NO. 2011-71
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
RECITALS
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") 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 Califomia (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, 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 14, 2011 did cast their ballots, the results of which are illustrated
below:
Total Ballots Cast
$ 24,044.64
Yes Total
$ 15,882.30
No Total
$ 8,162.34
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 July 14, 2011, 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 July 14, 2011, is hereby
confirmed and made public record.
Section 4: The tabulation of the valid property owner protest ballots retumed 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. 2011- 7 1
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.
PASSED, APPROVED, AND ADOPTED this 14th day of July, 2011, by the
following vote, to wit:
AYES: FINERTY, HARNIR, KROONEN, and SPIEGEL
NOES: NONE
ABSENT: BENSON
ABSTAIN: NONE
ATTEST:
RACELLE D. KLASSEN, CITY CLERK)
CITY OF PALM DESERT, CALIFORNIA
.Lfz6:e_ 6Z ROBERT A. SPIEGEL,
0-TEMPORE
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