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HomeMy WebLinkAboutCC RES 01-073RESOLUTION NO. 01-73 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2001/02 AND APPOINTMENT OF AN ADVISORY BOARD The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, 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"), property owners within the District, representing more than 50 percent of the proposed assessment to be levied have presented to the City Council a written petition for the formation of the District; and, WHEREAS, the City Council pursuant to the Act, did by previous resolution order the Assessment Engineer, MuniFinancial, (hereafter referred to as "Engineer") to prepare and file a Management District Plan (hereafter referred to as "Report") in connection with the formation of the President's Plaza III Property and Business Improvement Assessment District, and the establishment of maximum assessments to pay the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; and, WHEREAS, the Engineer has prepared 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 District, Fiscal Year 2001/02; and, WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is satisfied with each and all of the items and documents as set forth therein, and finds that the levy has been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said Report; and, 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. RESOLUTION NO. 01-73 Section 2: The Report as presented, is hereby approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 3: Pursuant to the Act, the City Council hereby appoints the President's Plaza III Advisory Board as the advisory board for the District. This advisory board consists of at least one member that is a business licensee within the District who is not also a property owner within the District. This advisory board shall cause to be prepared a report for each subsequent fiscal year for which assessments are to be levied and collected. Said annual report shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. The City Council may approve the report as submitted or as modified. Section 4: That the City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the presentation of and final approval of the Report and appointment of the District Advisory Board. The foregoing Resolution 01-73 was passed and adopted by the City Council of the City of Palm Desert on this Fourteenth day of June, 2001, by the following vote: AYES: BENSON, SPIEGEL, KELLY NOES: NONE ABSENT: CRITES, FERGUSON ABSTAIN: NONE ayor Pro-Tempore Richd S. Kelly City of Palm Desert ATTEST: City Clerk Sheila R.,�jilligan City of Palm Desert