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HomeMy WebLinkAboutCC RES 2016-65RESOLUTION NO. 2016-65 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 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 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 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, 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, 2016 did cast their ballots, the results of which are illustrated below: Total Ballots Cast Yes Total No Total $ 27,902.74 $ 18,750.63 67% $ 9,152.11 33% 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 on July 14, 2016, 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 and property owner protest proceeding held for the District on July 14, 2016, 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 approval of the assessment and maximum RESOLUTION NO. 2016-65 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. 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 at a regular meeting of the Palm Desert City Council, held on this 14th day of Jul,' , 2016, by the following vote to wit: AYES: AARNIK, JONATHAN, TANNER, WEBER, and SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: RA HELLE D. KLASS CITY CLERK CITY OF PALM DESERT, CALIFORNI ROBERT A. SPIEOE CITY OF PALM DESERT Page 2