HomeMy WebLinkAboutCC RES 2020-66RESOLUTION NO. 2020-66
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT ASSESSMENT DISTRICT FOR FISCAL
YEAR 2020/2021
The City Council of the City of Palm Desert, California (hereafter referred to as the "City
Council") hereby finds, determines, resolves, and orders as follows:
WHEREAS, on July 14, 2016, the City Council called and duly held a public
hearing and property owner protest ballot proceedings for the President's Plaza III
Property and Business Improvement Assessment 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 "Code") and California Constitution article 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 a five-year period, beginning July
1, 2016 and ending June 30, 2021, for the costs and expenses associated with the
maintenance and operation of landscaping, lighting, 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 July 16, 2016, did cast their ballots resulting in the approval of the
District formation and annual levy of assessments related thereto; and,
WHEREAS, the City Council, pursuant to the Code, did by previous resolutions
form the District, approve a Management District Plan in connection with the formation of
the District, and appoint an Advisory Board that shall cause to be prepared an annual
report regarding the District for the City Council's approval; and,
WHEREAS, the Advisory Board has held a meeting to review and approve the
proposed budget for fiscal year 2020/2021, prepared a Report in connection with the
District for fiscal year 2020/2021, and filed the Report with the city clerk of the City of Palm
Desert. The city clerk, in turn, has presented the Report entitled, "President's Plaza III
Property and Business Improvement District, 2020/2021 Management District
Plan/Engineer's Annual Levy Report" to the City Council; and,
WHEREAS, The City Council has carefully examined and reviewed the Report, as
presented, and, by previous resolution, has approved the Report.
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RESOLUTION NO. 2020-66
NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY
THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS
FOLLOWS:
Section 1. The above recitals are true and correct.
Section 2.
Section 3.
The City Council desires to levy and collect the annual assessment for
President's Plaza III Property and Business Improvement Assessment
District for fiscal year 2020/2021, pursuant to the provisions of the Code.
Based upon its review of the Management District Plan, a copy of which
has been presented to the City Council and filed with the city clerk, the
City Council hereby finds and determines that:
A. The territory of land within the District will receive special benefits
from the operation, maintenance, and servicing of the improvements
and appurtenant facilities located within the boundaries of the District.
B. The District includes all of the lands so benefited; and the net
amount to be assessed upon the lands within the District, in
accordance with the proposed budget for the fiscal year,
apportioned by a formula and method which fairly distributes
the net amount among all eligible parcels, in proportion to the
special benefits to be received by each parcel from the
improvements and services.
C. The assessments so described in the Management District
Plan are consistent with the assessments so approved by the
property owners within the District.
Section 4. The Report and the assessments, as presented to the City Council and on
file in the office of the city clerk, are hereby confirmed as filed.
Section 5.
The City Council hereby orders the improvements to be made, and the levy
and collection of annual assessments to pay for those improvements to be
presented to the County auditor/controller of Riverside County (hereafter
referred to as the "County") for fiscal year 2020/2021. The County
auditor/controller shall enter on the County tax roll opposite each parcel of
land the amount of levy, and such levies shall be collected at the same time
and in the same manner as the County taxes are collected. After collection
by the County, the net amount of the levy shall be paid to the city treasurer.
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RESOLUTION NO. 2020-66
Section 6. The city treasurer shall deposit all money representing assessments
collected by the County for the District to the credit of a fund for the
President's Plaza III Property and Business Improvement Assessment
District, and this money shall be expended only for the improvements
described in the Management District Plan.
Section 7. The adoption of this resolution constitutes the District levy for the fiscal year
commencing July 1, 2020 and ending June 30, 2021.
Section 8. The city clerk is hereby authorized and directed to file the levy with the
county auditor upon adoption of this resolution.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City
Council, on the 9th day of July, 2020, by the following vote, to wit:
AYES: HARNIK, JONATHAN, KELLY, WEBER, and NESTANDE
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
GRACE L. ROCHA, ACTING CITY CLERK
CITY OF PALM DESERT, CALIFORNIA
vi‘e, 71,609-004
GTNA NESTANDE, MAYOR