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HomeMy WebLinkAboutCC RES 2013-51RESOLUTION NO. 2013-51 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 I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND APPROVING CERTAIN RELATED ACTIONS, FOR FISCAL YEAR 2013/2014 The City Council of the City of Palm Desert, Califomia (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 renewal of President's Plaza I 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 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 three years to pay for the costs and expenses associated with solid waste (refuse) collection services and the maintenance of parking lot landscaped areas, the maintenance and operation of parking lot lighting facilities, the maintenance of parking lot surface areas, 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 August 22, 2013, did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total $82,739.08 $30.492.18 $52.246.90 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: 1. The above recitals are true and correct. 2. The protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk prior to the conclusion of the Public Hearing on August 22, 2013, weighted according to the proportional financial obligation of the affected property. 3. The results of the tabulation of the valid property owner protest ballots retumed by the property owners within said District, prior to the conclusion of the Public Hearing RESOLUTION NO. 2013-51 and property owner protest proceeding held for the District on August 22, 2013, is hereby confirmed and made public record. 4. The tabulation of the valid property owner protest ballots returned by the property owners within said District indicates denial of the assessments and maximum assessments allowed over the next three years. 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. 6. This Resolution shall become effective immediately upon its adoption. 7. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm Desert, California, at its regular meeting held on the 22nd day of Auaust, 2013, by the following vote, to wit: AYES: BENSON, SPIEGEL, TANNER, WEBER, and HARNIK NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA HELLE D. KLASSE CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2