HomeMy WebLinkAboutCC RES 99-072RESOLUTION NO. 99-72
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
`� FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT, FISCAL YEAR 1999/2000
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 June 11, 1999 the Ciry Council called and duly held a public hearing
and property owner protest ballot proceedings for the President's Plaza Property and Business
Improvement Assessment District (hereafter referred to as the "District") pursuant to the
provisic�ns 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 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 l, 1998 and ending June 30, 2003, for the costs and expenses
associated with the maintenance and operation of Iandscaping, lighting, refuse collection and alI
appurtenant facilities related thereto; and,
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WHEREAS, the landowners of record within the District as of the close of the Public
�""' Hearing held on June 11, 1999 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 Act 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 prepared a Report in connection with the District
for Fiscal Year 1999/2000, 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 Property and Business Improvement Assessment District, Fiscal Year
1999/2000; and,
WHEREAS, The City Council has carefully examined and reviewed the Report as
� presented, and by previous resolution as approved said Report.
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RESOLUTION NO. 99-72
NOW, THEREFORE, BE IT RESOLVED, DETERNIINED, AND ORDERED BY THE �
CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: {
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Section 1 The above recitals are true and correct.
Section 2 The City Council desires to levy and collect the annual assessment for President's
Plaza Property and Business Improvement Assessment District for Fiscal Year 1999/2000
pursuant to the provisions of the Act.
Section 3 Based upon its review of the Management District Plan, a copy .ur 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 of 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, �
1999 and ending June 30, 2000 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 PIan 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 Following notice duly given, the City Council has held an annual Public Hearing
in connection therewith; the levy and collection of assessments, and considered all oral and
written statements, protests and communications made or fled by interested persons.
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RESOLUTION NO. 99-72
Section 6 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 1999/2000. The County Auditor/Controller
shall enter on the County T� 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 t�es are
collected. After collection by the County, the net amount of the levy shall be paid to the City
Treasurer.
Section 7 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 Property and
Business Improvement Assessment District, and such money shall be expended only for the
improvements described in the Management District Plan.
Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 1999 and ending June 30, 2000.
Section 9 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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RESOLUTION NO. 99-72
PASSED, APPROVED, AND ADOPTED THIS 8 th DAY OF
STATE OF CALIFORIVIA)
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESER'1�
July , 1999
/'!"d �. •
Robert A. Spiegel, May
City Council
I, Sheila R. Gilligan , City Clerk of the City of Palm
Desert, County of Riverside, State of California do hereby certify that the foregoing
Resolution No. 99-72 was regularly adopted by the City Council of said City of
Palm Desert at a regular meeting of said council held on the 8 th day of
July , 1999, by the following vote:
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NOES:
Benson, Crites, Ferguson, Kelly, Spiegel
None
A$$�7'; None
ABSTAINED: None
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City of Palm Desert