HomeMy WebLinkAboutCC RES 06-084RESOLUTION NO. 06-84
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE FINAL MANAGEMENT
DISTRICT PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND
BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2006/07
AND APPOINTMENT OF AN OWNER'S ASSOCIATION
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 Improvement
District Law of 1994, Part 7 of Division 18 of the Streets and Highways Code of Califomia
(hereafter referred to as the "Act"), property owners within the President's Plaza III
Property and Business Improvement District (hereafter referred to as 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 "Report") in connection with
the formation of the District, and the establishment of maximum assessments to pay the
maintenance and services of landscaping, lighting, street sweeping and all appurtenant
facilities and operations related thereto; and,
WHEREAS, the Engineer has prepared and filed with the City 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 District, Fiscal Year 2006/07; and,
WHEREAS, the City Council has carefully examined and reviewed the 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 Report as presented, is hereby approved and is ordered to be filed in the
Office of the City Clerk as a permanent record and to remain open to public inspection.
RESOLUTION NO. 06-84
Section 3: Pursuant to the Act, the City Council hereby appoints the President's Plaza III
Owner's Association as the Owner's Association for the District. This Owner's Association
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 Owner's Association 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
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 Owner's Association.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert
City Council, held on this 8th day of June, 2006, by the following vote to wit:
AYES: BENSON, CRITES, SPIEGEL, and KELLY
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST:
F
RA HELLE D. KLIEN, CITY CLERbt
CITY OF PALM DESERT, CALIFORNIA
'/ )a&
RICHARD S. KELLY, M YOR PR
2