HomeMy WebLinkAboutCC RES 01-074RESOLUTION NO. 01-74
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE FORMATION OF THE PRESIDENT'S PLAZA III
PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND
COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR
2001/02
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, pursuant to the 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 proposed 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 the levy and collection of assessments; and,
WHEREAS, the City Council, pursuant to the Act did by previous Resolutions initiate
proceedings and order the preparation of a Management District Plan in connection with the
formation of the President's Plaza III Property and Business Improvement District (hereafter
referred to as the "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 City Council, pursuant to the Act did by previous Resolution appoint
an advisory board consisting of at least one member that is a business licensee within the District
who is not also a property owner within the District, and this advisory board shall cause to be
prepared an annual report regarding the District for the City Council's approval; and,
WHEREAS, the City Council called and duly held a property owner protest
proceedings for the District pursuant to the provisions of the Act and the California
Constitution Articles XIIIC and 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 the next five years for the costs and expenses associated with the maintenance and operation
of landscaping, lighting, street sweeping and all appurtenant facilities related thereto; and,
WHEREAS, the protest proceeding was conducted, with ballots presented to qualified
property owners of the District for receipt by the City Clerk on June 14, 2001, weighted
according to the proportional financial obligation of the affected property, and the tabulation of
said protest ballots returned by the property owners indicated approval of the assessment and
maximum assessment allowed over the next five years; and,
RESOLUTION NO. 01-74
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 form the President's Plaza III Property and Business
Improvement District and to levy annual assessments for a duration of not more than five years
pursuant to the provisions of the Act.
Section 3: The City Council hereby declares pursuant to the Act and the method of
apportionment described in the Management District Plan, that said annual assessments shall not
exceed the maximum assessment approved by the property owners and shall commence with the
first fiscal year beginning July 1, 2001 and ending June 30, 2002 to pay the costs and expenses of
operating, maintaining and servicing said improvements located within the District.
Section 4: Following notice duly given, the City Council has held a full and fair Intent Meeting
and 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. The City has tabulated the ballots and determined that the property owners
have approved the annual levy and collection of assessments and a maximum assessment over the
next five years as outlined in the Management District Plan, in full compliance with California
Constitution Articles XIIIC and XIIID.
Section 5: Based upon its review of the Management District Plan, a copy of which has been
presented to the City Council and which as been filed with the City Clerk, the City Council
hereby finds and determines that:
i.) 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.
ii.) District includes all of the lands so benefited; and
iii.) 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,
2001 and ending June 30, 2002 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.
iv.) The Assessments so described in the Management District Plan are consistent
with the assessments so approved by the property owners within the
District.
RESOLUTION NO. 01-74
Section 6: 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 7: The City Council hereby orders the proposed 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 commencing with Fiscal Year 2001/02. 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 8: 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 District, and such money shall be expended only for the improvements described
in the Management District Plan.
Section 9: The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2001 and ending June 30, 2002.
Section 10: The City Clerk is hereby authorized and directed to file the levy with the County
Auditor upon adoption of this Resolution.
RESOLUTION NO. 01-74
The foregoing Resolution 01-74 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
or Pro-Tempore Richard S. Kelly
City of Palm Desert
ATTEST:
City Clerk iSbe-ila illigan
City of Palm Desert