HomeMy WebLinkAboutCC RES 08-054RESOLUTION NO. 08-54
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, APPROVING THE MANAGEMENT DISTRICT PLAN FOR THE
ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT
FOR FISCAL YEAR 2008/09
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 California
(hereafter referred to as the "code"), and accordance with the provisions of the California
Constitution Article XIIID conducted proceedings for the formation of the Alessandro Alley
Property and Business Improvement District (hereafter referred to as the "District"), and
the levy of annual assessment connected therewith; and,
WHEREAS, on April 13, 2006 the City Council held a full and fair public hearing
regarding the formation of the District and the establishment of annual assessments and
the maximum assessments required to pay the maintenance and services of landscaping,
lighting, refuse collection and all appurtenant facilities and operations related thereto for a
five year period beginning July 1, 2006 and ending June 30, 2011 pursuant to the Code;
and,
WHEREAS upon conclusion of the public hearing of April 13, 2006 the City
Council tabulated the property owner assessment protest ballots returned and by
resolution confirmed that majority protest did not exist and by resolution approved the
Engineer's Report and Management District Plan, appointed an Advisory Board for the
District, ordered the formation of the District, and ordered the levy and collection of the
first annual assessments; and,
WHEREAS, pursuant to the Code, the City Council appointed the Alessandro Alley
Committee as the Advisory Board for the District and this Advisory Board shall cause to
be prepared an annual Management District Plan (hereafter referred to as the "Report")
each fiscal year for which assessments are to be levied and collected, said 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; the estimated costs and
method of assessment; the amount of any surplus or deficit; and contributions from other
sources; and,
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RESOLUTION NO. 08-54
WHEREAS, pursuant to the Code, the Advisory Board has caused to be prepared
a Report in connection with the District describing the proposed improvements, services,
expenditures and assessments to be levied for Fiscal Year 2008/09, 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 Alessandro Alley Property and
Business Improvement Assessment District, Fiscal Year 2008/09"; 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 of assessments 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 Management District Plan as presented, consists of the following:
A. A Description of the District boundaries and all properties benefiting
from the improvements and services.
B. A Description of Improvements and services to be provided by the
District.
C. The Annual Budget (Estimates of Costs and Expenses of Services,
Operations and Maintenance),
D. The District Roll containing the Levy of Assessments for each
Assessor Parcel within the District,
Section 3 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.
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 Advisory Board.
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RESOLUTION NO. 08-54
PASSED, APPROVED, AND ADOPTED this 26th day of June 2008.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE ss.
CITY OF PALM DESERT
1, Rachelle D. Klassen , City Clerk of the City of Palm Desert,
County of Riverside, State of California do hereby certify that the foregoing Resolution
No. 08-54 was regularly adopted by the City Council of said City of Palm Desert at
a regular meeting of said Council held on the 26th day of June
2008 by the following vote:
AYES: FERGUSON, FINERTY, SPIEGEL, and BENSON
NOES: NONE
ABSENT: KELLY
ABSTAINED: NONE
M. BENSON„P01ayor
of Palm Dese
ATTEST:
RA E LE D. --KLA—SSENY, City Clerk
City of Palm Desert
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