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HomeMy WebLinkAboutCC RES 08-069RESOLUTION NO. 08-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2008/2009 AND APPOINTMENT OF AN OWNERS 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 Propery 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 District, representing more than 50 percent of the proposed assessments to be levied have presented to the City Council a written petition for the formation/renewal of the District; and, WHEREAS, pursuant to the Act, a Management District Plan (hereafter referred to as "Plan") and Engineer's Report (hereafter referred to as "Report") has been prepared, filed and presented to the City Council in connection with the formation/renewal of the President's Plaza I Property and Business Improvement District for a five year period commencing with fiscal year 2008/2009, which outline the establishment of the maximum assessments proposed to pay for the maintenance and services authorized including solid waste (refuse) collection services; and the maintenance and operation of the common parking lot areas including the landscaped areas, lighting facilities, parking lot surface areas; and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council has duly held a public hearing regarding the District and has conducted a property owner protest ballot proceeding for the proposed assessments related thereto, the results of which have been presented and confirmed by this City Council; and, WHEREAS, the City Council has examined and reviewed the Plan and Report as presented, considered all public testimony and written protests presented, and evaluated the results of the property owner protest ballot proceedings to determine if majority protest exists. NOW, THEREFORE, BE IT RESOLVED by the City Council of Palm Desert, California, as follows: Section 1: That the above recitals are true and correct. Section 2: Based on testimony given, the results of the property owner protest ballot proceedings and the documents and discussion presented, the City Council has directed and confirmed any necessary modifications or amendments to the Plan and Report previously presented and filed, and said modifications or amendments are reflected by the minutes of this meeting and shall by Page 1 RESOLUTION NO. 08-69 reference be incorporated into said Plan and Report which are hereby approved and ordered to be filed in the Office of the City Clerk as permanent records and to remain open to public inspection. Section 3: Pursuant to the Act, the City Council hereby appoints the President's Plaza I Owners Association as the owners association for the District. This owners association shall cause to be prepared a Plan and Report for each subsequent fiscal year for which assessments are to be levied and collected. Said annual Plans and Reports 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. 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 Plan and Report and appointment of the District Owners Association. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 10th day of July, 2008, by the following vote, to wit: AYES: NOES: ABSENT: ABSTAINED: NONE ATTEST: FERGUSON, FINERTY, BELLY, SPIEGEL, and BENSON NONE NONE CHELLE D. KLASSE , City Clerk City of Palm Desert, California BENSON, May of Palm Desert, Calif'ornia Page 2