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HomeMy WebLinkAboutCC RES 03-038RESOLUTION NO. 03-38 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING THE FINAL MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2003/ 04 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 In prozenrnt District Lawcf 1994, Part 7 f Diusic i 18 of the Sty, and Highz?ir s Code 1 Californa (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 "Plan") and Engineer's Report (hereafter referred to as "Report") in connection with the formation of the President's Plaza I Property and Business Improvement District, and the establishment of maximum assessments to pay the maintenance and services of landscaping, lighting, sweeping, refuse collection and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council has carefully examined and reviewed the Plan and 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. Section 2: The Plan and Report as presented, are hereby approved and ordered to be filed in the Office of the City Clerk as permanent records and to remain open to public inspection. Section 3: Pursuant to the Act, the City Council hereby appoints the President's Plaza I A dzisory BonnA chisory Baud 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 RESOLUTION NO. 03-38 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 03-38 was passed and adopted by the City Council of the City of Palm Desert on this Tenth day of April, 2003, by the following vote: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAIN: NONE JE, M. BENSON, MAYOR of Palm Desert A'1'1'hST: RACHELLE D. KLASSEN, CITY CLERK City of Palm Desert