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HomeMy WebLinkAboutCC RES 03-039RESOLUTION NO. 03-39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2003/04 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 provisions of Pppenyand Business IyrprnzerrentDsstritLawq"1994, Part 7 of Dizision 18 cf the Starts and Highzeuws Cale gt 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 and Engineer's Report in connection with the formation of the President's Plaza I 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, sweeping, refuse collection 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 A rtides 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, sweeping, refuse collection 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 April 10, 2003, 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, 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. 03-39 Section 2: The City Council desires to form the President's Plaza I 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 and Engineer's Report, 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, 2003 and ending June 30, 2004 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 and Engineer's Report, in full compliance with California Constitution A aides 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 has 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 is inclusive of all parcels identified on the County of Riverside Assessor's Parcel Map 627-212, 627-221, and 627-222; 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, 2003 and ending June 30, 2004 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. Section 6: The Management District Plan and Engineer's 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 2003/04. The County Auditor/Controller shall enter on the County Tax Roll opposite each parcel of land the amount of RESOLUTION NO. 03-39 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 I 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, 2003 and ending June 30, 2004. Section 10: The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. The foregoing Resolution 03-39 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 AI ZEST: RACHELLE D. KLASSEN, City of Palm Desert