HomeMy WebLinkAboutCC RES 06-084ARESOLUTION NO. 06-84A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA ORDERING THE FORMATION OF THE
PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT
DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS
FOR SAID DISTRICT FOR FISCAL YEAR 2006/07
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 to the provisions of 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"), 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 President's Plaza III
Property and Business Improvement District (hereafter referred to as 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 in connection
with the formation of the District, and the establishment of maximum assessments over
the next five years to pay the maintenance and services of landscaping, lighting, street
sweeping and all appurtenant facilities and operations related thereto; and,
WHEREAS, the City Council, pursuant to the Act did by previous Resolution
appoint an Owner's Association 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
Owner's Association 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 Articles 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, street sweeping 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 June 8, 2006,
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,
RESOLUTION NO. 06-84A
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 City Council desires to form the President's Plaza III 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, 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, 2006 and ending June 30, 2007 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 Clerk 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, in full compliance with California Constitution
Articles 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 as 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
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, 2006 and ending June 30, 2007 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 Report and assessments as presented to the City Council and on file in
the office of the City Clerk are hereby confirmed as filed.
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RESOLUTION NO. 06-84A
(111.671
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
2006/07. The County Auditor/Controller shall enter on the County Tax Roll opposite each
parcel of land the amount of 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 III 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, 2006 and ending June 30, 2007.
Section 10: The City Clerk is hereby authorized and directed to file the levy with the
County Auditor upon adoption of this Resolution.
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:
CHELLE D. KLASSE , CITY CLERK
CITY OF PALM DESERT, CALIFORNI
RICHiARD S. KELLY, MAYOR PRO TEM
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