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HomeMy WebLinkAboutCC RES 06-024RESOLUTION NO. 06-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING THE CITY'S INTENTION TO FORM THE ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, AND THE LEVY AND COLLECTION OF ASSESSMENTS, PURSUANT TO THE PROVISIONS OF PART 7 OF DIVISION 18 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND CALL FOR AN ASSESSMENT BALLOT PROCEEDING TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS WITHIN SUCH DISTRICT THE QUESTION OF ESTABLISHING AN ASSESSMENT RANGE FORMULA FOR SUCH DISTRICT AND LEVYING SUCH ASSESSMENTS FOR SUCH DISTRICT WHEREAS, The City Council pursuant to the provisions of the 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"), did by previous Resolution, initiate proceedings for the formation of the Alessandro Alley Property and Business Improvement District (hereafter referred to as the "District"), pursuant to the provisions of the Act, and did order the preparation of a Management District Plan for said District, WHEREAS, The City Council has retained MuniFinancial for the purpose of assisting with the formation of the District and establishment of the assessments, and to prepare and file a Management District Plan with the City Clerk in accordance with the Act; and in accordance with the requirements of the California Constitution, Articles XIIIC and XIIID, and WHEREAS, MuniFinancial has presented to the City Council the Preliminary Management District Plan, which is incorporated herein by reference, and WHEREAS, The City Council has, by previous resolution, approved the Preliminary Management District Plan, which contains a full and detailed description of the improvements and services, the boundaries of the District, the estimated costs of improvements and services, and the proposed assessments upon assessable lots and parcels within the District; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California, as follows: 1. The above recitals are true and correct. 2. The City Council hereby declares its intention to form the District and levy and collect assessments within the District, pursuant to the Act, to pay the annual costs of the services and improvements, as described in the Management District Plan. The City Council has determined at this time to call an assessment ballot proceeding. RESOLUTION NO. 06-24 3. Calling an assessment ballot proceeding: Pursuant to California Constitution Articles XIIIC and XIIID, an assessment ballot proceeding is hereby called on behalf of the District on the matter of establishing assessments on the property within the District. 4. The assessment ballot proceeding for the District on the matter of authorizing the levy of the assessments, pursuant to California Constitution, Article XIIID, Section 4 consists of a ballot, included with the mailed notice required by Government Code Section 54954.6, distributed by mail, to the property owners of record within the District as of the close of the Intent Meeting. Each property owner's ballot is weighted by the amount of their assessment. Each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the Public Hearing on April 13, 2006. The Public Hearing is scheduled to begin on Thursday, April 13, 2006, at 4:00 p.m., at the City Council Chambers, 73-510 Fred Waring Drive, Palm Desert. At the close of the Public Hearing, the City shall tabulate the ballots to determine if a majority protest exits. The ballots shall be weighted according to the proportional financial obligation of the affected property. A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. 5. District Boundaries: The boundaries of the District are as described in the Management District Plan, which is incorporated herein by reference. The District is designated as "Alessandro Alley Property and Business Improvement District." 6. Description of Services and Improvements: The services and improvements within the District are specifically described in the Management District Plan, which is incorporated herein by reference. 7. Proposed Assessment Amounts: The proposed assessments are detailed in the Management District Plan, which also details the assessment range formula. 8. Public Hearina(s': The City Council hereby declares its intention to conduct a Public Meeting and a Public Hearing concerning the levy of assessments for the District in accordance with Government Code, Section 54954.6 and California Constitution, Article XIIID, Section 4(e). 9. Notice. The City Council shall cause the resolution of intention to be published in a newspaper of general circulation in the City once, at least seven days before the public meeting, and shall mail the resolution of intention by first-class mail to each property owner in the District and to each local chamber of commerce and business organization known by the City Council to be located within the proposed District not later than ten days before the public meeting. Property owners will be provided a mailed assessment ballot for the proposed assessment. Ballots must be received prior to the conclusion of the Public Hearing, at which they will be tabulated. Any District property owner may file a written protest regarding the District formation with the City Clerk prior to the conclusion of the hearing, or, having previously filed a 2 RESOLUTION NO. 06-24 protest, may file a written withdrawal of that protest. A written protest shall state all grounds of objection and a protest by a property owner shall contain a description sufficient to identify the property owned by such property owner. At the meeting and the hearing, all interested persons shall be afforded the opportunity to hear and be heard. 10. Notice Of Public Hearina. Notice is hereby given that a Public Hearing on these matters will be held by the City Council on Thursday, April 13, 2006 at 4:00 P.M., in the City Council Chambers, located at 73-510 Fred Waring Drive, Palm Desert. 11. The City Clerk is hereby authorized and directed to give notice of such hearing as provided by law. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 23rd day of February, 2006, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAINED: NONE JI ATTEST: ssC RACHELLE D. KLASSEKI, CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3