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HomeMy WebLinkAboutRes 2021-41RESOLUTION NO. 2021-41 ' A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2021/2022 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, on July 9, 2020, the City Council called and duly held a public hearing and property owner protest ballot proceedings for the President's Plaza I 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 "Act"), and California Constitution article XIII D, for the purpose of presenting to qualified property owners within the District the annual levy of assessments and a maximum annual assessment over a two-year period, beginning July 1, 2020 and ending June 30, 2022, 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 9, 2020, did cast their ballots and approve a two-year District renewal and an annual levy of assessment related thereto; and WHEREAS, the City Council did, by previous resolutions, renew the District for an additional two years and appoint an Advisory Board, pursuant to the Act. This Advisory Board will cause to be prepared an annual report on the District for the City Council's approval; and WHEREAS, the Advisory Board has held a meeting for reviewing and approving the proposed budget for fiscal year 2021/2022 and has prepared a report regarding the District for fiscal year 2021/2022. This report is entitled, "Management District Plan for the President's Plaza Property and Business Improvement Assessment District for Fiscal Year 2021/2022" (hereafter referred to as "Plan"). The Plan has been filed with the City Clerk of the City of Palm Desert, and the city clerk has presented it to the City Council; and WHEREAS, the City Council has carefully examined and reviewed the Plan, as presented, and, by previous resolution, did approve it. 1 of 3 RESOLUTION NO. 2021-41 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. Lew of Assessments. The City Council wishes to levy annual assessments for fiscal year 2021/2022, as outlined and authorized in the Plan and pursuant to the provisions of the Act. Section 3. City Council Findings. Based upon its review of the 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 land within the District will receive special benefits from the operation, maintenance, and servicing of the improvements and appurtenant facilities within the boundaries of the District. B. The District includes all of the lands so benefited. C. The net amount to be assessed upon the lands within the District, in accordance with the proposed budget for the fiscal year ' commencing July 1, 2021 and ending June 30, 2022, is apportioned by a formula and by a method that fairly distributes the net amount among all eligible parcels, in proportion to the special benefits that each parcel receives from the improvements and services. D. The assessments described in the Plan are consistent with the assessments that District property owners have approved. Section 4. Confirmation of Plan and Assessments. The Plan and the assessments, as presented to the City Council and as presented for filing with the Office of the City Clerk, are hereby confirmed as filed. Section S. Improvements Ordered. The City Council hereby orders the proposed 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 2021/2022. The county auditor/controller will enter on the County Assessment Roll, opposite each parcel of land, the amount of the levy. The levy will be collected at the same time and in the same manner as County taxes are collected. After the County collects the , levy, the net amount of the levy will be paid to the Treasurer of the City of Palm Desert. 2of3 RESOLUTION NO. 2021-41 ' Section 6. Restricted Use of Assessment Monev. The city treasurer will deposit all money representing assessments that the County has collected for the District, into a District fund. This money will be expended only for the improvements that the Plan describes. I Section 7. Adoption of District Levy. The adoption of this resolution constitutes the District levy for the fiscal year commencing July 1, 2021 and ending June 30, 2022. Section 8. Direction to City Clerk. The city clerk, or his or her assigned representative, is hereby authorized and directed to file the levy with the county auditor/controller upon adoption of this resolution. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, on the 24'h day of June 2021, by the following vote, to wit: AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE KATHLEE ELLY, ATTEST: M. GLORI S _ CHEZ, ACTT ITY CLERK CITY OF P -DESERT, CSIFORNIA 3 of 3