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HomeMy WebLinkAboutCC RES 06-047RESOLUTION NO. 06-47 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, TO PRELIMINARILY APPROVE AN ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT, FISCAL YEAR 2006/2007 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, the City Council has retained MuniFinancial for the purpose of assisting with the Annual Levy of the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District"), and to prepare and file an Engineer's Report (hereafter referred to as the "Report") with the City Clerk in accordance with the provisions of California Constitutional Articles XIIIC and XIIID; and, WHEREAS, there has now been presented to this City Council the Preliminary Engineer's Report as required by California Constitutional Articles XIIIC and XIIID; and, WHEREAS, this City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with the District, each and all of the budget items and documents as set forth therein, and is satisfied that the levy amounts, on a preliminary basis, have been spread in accordance with the special benefit received from the improvements, operation, maintenance and services to be performed within the District, 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: Engineer's Report: The City Council hereby orders MuniFinancial to prepare and file with the City Clerk the Engineer's Report conceming the levy of assessments for the District for the fiscal year commencing July 1, 2006, and ending June 30, 2007, in accordance with California Constitutional Articles XIIIC and XIIID. Section 2: Proposed improvements and anv substantial chances in existing improvements: The improvements within the District include: landscaping, lighting, and street sweeping. The Engineer's Report describes all the improvements and any substantial changes in existing improvements. Section 3: That the "Engineer's Report" as presented, consists of the following: a) A Description of Improvements. b) The Annual Budget (Costs and Expenses of Services, Operations and Maintenance). c) The Method of Apportionment. RESOLUTION NO. 06-47 Section 4: The "Engineer's Report" as presented is hereby approved on a preliminary basis, and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. Section 5: 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 the Report. Section 6: Intention: The City Council hereby declares its intention to seek the annual levy and collection of assessments within the District pursuant to the Act, over and including the land within the District boundary, and to levy and collect assessments on all such land to pay the annual costs and expenses of the improvements and services described in Section 4 of this Resolution, for Years 2006/2007 through 2010/2011. Section 7: District Boundaries: The boundaries of the District are as described in the Engineer's Report and are consistent with the boundaries established and described in the Management District Plan, on file with the City Clerk, and incorporated herein by reference. The District is within the boundaries of the City of Palm Desert, within the County of Riverside, State of California and includes the territory referred to as the "President's Plaza III Property and Business Improvement District". Section 8: Proposed Assessment Amounts: For Fiscal Year 2006/2007, the proposed assessments outlined in the Engineer's Report and Management District Plan will be submitted for approval to the property owners. As such, the proposed assessment is new, and does require property owner approval for an increase in accordance with the requirements of the Califomia Constitution, Articles X!IIC and XIIID. 2 RESOLUTION NO. 06-47 PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 13th day of April, 2006, by the following vote to wit: AYES: BENSON, CRITES, SPIEGEL, and KELLY NOES: NONE ABSENT: FERGUSON ABSTAIN: NONE RICHARD S. KELLY,`NIAYOR PRO T MPORE ATTEST: CHEL.LE D. KLASSEN CITY CLERK CITY OF PALM DESERT, CALIFORNIA 3