HomeMy WebLinkAboutCC RES 98-038RESOLUTION NO. 98-38
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA DECLARING THE CITY'S INTENTION TO FORM THE PRESIDENT'S
PLAZA BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND COLLECTION
OF ASSESSMENTS, PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18
OF TH� CALIFORNIA STREETS AND HIGHWAYS CODE AND CALL FOR AN
ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED,
PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF
ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SUCH DISTRICT AND
LEVYING SUCH ASSESSMENTS FOR SUCH DISTRICT
WHEREAS, the City Council pursuant to the provisions of the Property and
Business Improvement Disfrict Law of 1994 , Part 7 Division 18 of the Streets and
Highways Code of Califomia (hereafter referred to as the "Act"), did by previous
Resolution, initiate proceedings for the formation of the PresidenYs Plaza Property and
Business Improvement District (hereafter referred to as the "District°), pursuant to the
provisions of the Act, and did order the preparation of a Management District Plan for
said District,
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WHEREAS, the City Council has retained MBIA MuniFinancial for the purpose of
assisting with the formation of the District and establishment of the assessments, and to
prepare and file a Management District Plan with the City Clerk in accordance with the
Act; and in accordance with the requirements of the Califomia Constitution, Articles
XIIIC and XIIID, and
WHEREaS, NiBIA MuniFinancial has presented to the City Council the
Preliminary Management District Plan, which is incorporated herein by reference, and
WHEREAS, the City Council has, by previous resolution, approved the
Preliminary Management District Plan, which contains a full and detailed description of
the improvements and services, the boundaries of the District, the estimated costs of
improvements and services, and the proposed assessments upon assessable lots and
parcels within the District;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT
DOES HEREBY RESOLVE AS FOLLOWS:
1. The above recitals are true and correct.
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RESOLUTION NO. 98_38
2. The City Council hereby declares its intention to form the District and levy and
collect assessments within the district, pursuant to the Act, to pay the annual costs
of the services and improvements, as described in the Management District Plan.
The City Council has determined at this time to call an assessment ballot
proceeding.
3. Callina an assessment ballot proceeding: Pursuant to California Constitution
Articles XIIIC and XIIID, an assessment ballot proceeding is hereby called on behalf
of the District on the matter of establishing assessments on the property within the
District.
4. The assessment ballot proceeding for the District on the matter of authorizing the
levy of the assessments, pursuant to Califomia Constitution, Article XIIID,
Section 4, consists of a ballot, included with the mailed notice required by
Govemment Code, Section 54954.6, distributed by mail, to the property owners of
record within the District as of the close of the Intent Meeting. Each property
owner's ballot is weighted by the amount of their assessment. Each property owner
may return the ballot by mail or in person to the City Clerk not later than the
conclusion of the Public Hearing, June 11, 1998. The Public Hearing is scheduled
to begin on Thursday, June 11, 1998, at 7:00 p.m., at the City Council Chamber,
73-510 Fred Waring Drive, Palm Desert. At the Public Hearing, the City shall
tabulate the ballots to determine if a majority protest exists. The ballots shall be
weighted according to the proportional financial obligation of the affected property. •
A majority protest exists if, upon the conclusion of the Hearing, ballots submitted in
opposition to the assessment exceed the ballots submitted in favor of the
assessment.
5. District Boundaries: The boundaries of the District are as described in the
Management District Plan, which is incorporated herein by reference. The District
is designated as "President's Plaza Property and Business Improvement District.°
6. Description of Services and Im�rovements: The services and improvements within
the District are specifically described in the Management District Plan, which is
incorporated herein by reference.
7. Pronosed Assessment Amounts: The proposed assessments are detailed in the
Management District Plan, which also details the assessment range formula.
8. public Hearing(s): The City Council hereby declares its intention to conduct a
Public Meeting and a Public Hearing concerning the levy of assessments for the
District in accordance with Government Code, Section 54954.6, and California
Constitution, Article XIIID, Section 4(e).
9. Notice: The City Council shall cause the resolution of intention to be published in
a newspaper of general circulation in the City once, at least seven days before the
public meeting, and shall mail the resolution of intention by first class mail to each
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RESOLUTIDN NO. 98-35
property owner in the District and to each local chamber of commerce and business
organization known by the City Council to be located within the proposed District
not later than ten days before the public meeting. Property owners will be provided
a mailed assessment ballot for the proposed assessment. Ballots must be received
prior to the conclusion of the Public Hearing, at which they will be tabulatect. Any
Distrid property owner may file a written protest regarding the District formation with
the City Clerk prior to the conclusion of the hearing, or, having previously filed a
protest, may file a written withdrawal of that protest. A written protest shall state all
grounds of objection and a protest by a property owner shall contain a description
snfficient to identify the property owned by such property owner. Rt the meeting
and the hearing, all interested persons shall be afforded the opportunity to hear and
be heard. :
10. Notice of Public Hearina_. Notice is hereby given that a Public Meeting and Hearing
on these matters will be held by the City Council on Thursday, May 28, 1998,
(Public Meeting) and Thursday, June 11, 1998, (Public Hearing) at 7:00 p.m., or as
soon thereafter as feasible, in the City Council Chamber located at
73-510 Fred Waring Drive, Palm Desert.
11. The City Clerk is hereby authorized and directed to give notice of such hearing as
provided by law.
PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City
Council, held on this � day of �p.(, 1998, by the following vote to wit: �� `
AYES:
NOES:
ABSENT:
ABSTAIN:
CRITES, FERGUSON, KELLY, SPIEGEL
NONE
BENSON
NONE
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.•: . . . •. .,.—o .•_
ATTEST:
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SHEILA R.
C�CLERK
CITY OF PALM DESER , CALIFORNIA
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