HomeMy WebLinkAboutCC RES 02-088RESOLUTION NO, 02-88
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS FOR
THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
ASSESSMENT DISTRICT, FISCAL YEAR 2002/2003
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 14, 2001 the City Council called and duly held a public hearing and
property owner protest ballot proceedings for the President's Plaza III Property and Business
Improvement Assessment District (hereafter referred to as the "District") pursuant to the provisions of
Property and Business I„District Law cf 1994, Part 7 cf Diusion 18 grthe Stems and Highzeai Cod (f
G1 forma (hereafter referred to as the "Act") and the Cali}ornia Constitution A rtide 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, 2001 and
ending June 30, 2006, 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 14, 2001 did cast their ballots resulting in the approval of the District formation
and annual levy of assessments related thereto; and,
WHEREAS, the Gty 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 held a meeting for reviewing and approving the
proposed budget for Fiscal Year 2002/2003 and has prepared a Report in connection with the District
for Fiscal Year 2002/03, and filed with the Gty 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 Assessment District, Fiscal Year 2002/03; and,
WHEREAS, The City Council has carefully examined and reviewed the Report as presented,
and by previous resolution has approved said Report.
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.
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RESOLUTION NO. 02-88
Section 2 The City Council desires to levy and collect the annual assessment for President's Plaza
III Property and Business Improvement Assessment District for Fiscal Year 2002/2003 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, 2002 and ending
June 30, 2003 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 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 2002/2003. 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 III Property and Business
Improvement Assessment District, and such money shall be expended only for the improvements
described in the Management District Plan.
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RESOLUTION NO. 02-88
Section 8 The adoption of this Resolution constitutes the District levy for the Fiscal Year
commencing July 1, 2002 and ending June 30, 2003.
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. 02-88
PASSED, APPROVED, AND ADOPTED this 31st
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
I, Rachelle D. Klassen , City
Riverside, State of California do hereby certify that
regularly adopted by the City Council of said City
council held on the 31 st day of July
AYES:
NOES:
ABSENT:
ABSTAINED:
BENSON, CRITES, SPIEGEL
NONE
KELLY
FERGUSON
day of July 2002 .
Clerk of the City of Palm Desert, County of
the foregoing Resolution No. 02-88 was
of Palm Desert at a regular meeting of said
, 2002 by the following vote:
J a M. Benson, Mayor Pro-Tempore
of Palm Desert
City Clerk, Rachelle D. Klassen
City of Palm Desert
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