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HomeMy WebLinkAboutCC RES 00-082RESOLUTION NO. 00-82 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 2000/2001 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, 1998 the City 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 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 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, 1998 and ending June 30, 2003, 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 June 11, 1998 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 2000/01, 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 2000/01; and, WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and by previous resolution has approved said Report. 1 RESOLUTION NO. 00-82 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: 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 2000/2001 pursuant to the provisions of the Act. 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 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, 2000 and ending June 30, 2001 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 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 filed by interested persons. 2 RESOLUTION NO. 00-82 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 2000/2001. 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 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, 2000 and ending June 30, 2001. Section 9 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. 3 RESOLUTION NO. 00-82 PASSED, APPROVED, AND ADOPTED this 22nd day of Tune 2000 . STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen Acting , City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 00-82 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 22nd day of June , 2000 by the following vote: AYES: KELLY, SPIEGEL, FERGUSON NOES: NONE ABSENT: BENSON, CRITES ABSTAINED: NONE .ISM 1FERGU§, Mayor Pro -Tempore City- = ' . m Desert RACBELL$ D. KLASSEN, Acting City lerk City of Palm Desert 4