HomeMy WebLinkAboutRes 2023-028RESOLUTION NO. 2023-028
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, FISCAL YEAR
2023/2024
WHEREAS, on July 8, 2021, 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 the 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, 2021 and ending
June 30, 2026, 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 8, 2021, 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
formed the District, and approved a Management District Plan in connection with the
formation of the District and appointed 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 for reviewing and approving
the proposed budget for Fiscal Year 2023/2024 and has prepared a Report in connection
with the District for Fiscal Year 2023/2024, and filed with the City Clerk of the City of Palm
Desert and the City Clerk has presented to the City Council such Report entitled
“Management District Plan for the President’s Plaza III Property and Business
Improvement Assessment District, Fiscal Year 2023/2024” and
WHEREAS, The City Council has carefully examined and reviewed the Report as
presented, and by previous resolution has approved said Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm
Desert, California, as follows:
SECTION 1. The above recitals are true and correct and are incorporated herein by
this reference.
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SECTION 2. 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 2023/2024 pursuant to the provisions of the Code.
SECTION 3. 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. District includes all the lands so benefited; and
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, 2023 and
ending June 30, 2024 is 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.
D. 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 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 for Fiscal Year 2023/2024. 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.
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 such
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, 2023, and ending June 30, 2024.
SECTION 8. The City Clerk is hereby authorized and directed to file the levy
with the County Auditor upon adoption of this Resolution.
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SECTION 9. Effective Date. This Resolution shall become effective immediately
upon its adoption.
ADOPTED ON JUNE 22, 2023.
_______________________________
KATHLEEN KELLY
MAYOR
ATTEST:
ANTHONY J. MEJIA
CITY CLERK
I, Anthony J. Mejia, City Clerk of the City of Palm Desert, hereby certify that
Resolution No. 2023-028 is a full, true, and correct copy, and was duly adopted at a
regular meeting of the City Council of the City of Palm Desert on June 22, 2023, by the
following vote:
AYES: HARNIK, NESTANDE, QUINTANILLA, TRUBEE, AND KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
RECUSED: NONE
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the
City of Palm Desert, California, on ______________.
ANTHONY J. MEJIA
CITY CLERK
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