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HomeMy WebLinkAboutCC RES 08-070RESOLUTION NO. 08-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION/RENEWAL OF THE PRESIDENT'S PLAZA I PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2008/2009 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, the City Council, pursuant to the provisions of Propery and Business Improvement District Law of 1994, Part 7 of Division 18 of the Streets and Highway Code of California (hereafter referred to as the "Act") did by previous Resolutions initiate proceedings and order the preparation of a Management District Plan (hereafter referred to as "Plan") and Engineer's Report (hereafter referred to as "Report") in connection with the formation/renewal of the President's Plaza I Property and Business Improvement District (hereafter referred to as the "District"), and the establishment of maximum assessments 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 called and duly held a property owner protest ballot proceeding for the District pursuant to the provisions of the Act and the California Constitution Article XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and maximum annual assessments over the next five years to pay for the costs and expenses associated with and authorized for the District as outlined in the Plan and Report; and, WHEREAS, the protest proceeding was conducted, with ballots presented to qualified property owners of the District for receipt by the City Clerk on July 10, 2008, weighted according to the proportional financial obligation of each affected property, and the tabulation of said protest ballots returned by the property owners indicated approval of the assessments and maximum assessments authorized over the next five years; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolution appoint an owners association and this owners association shall cause to be prepared an annual Plan and Report regarding the District for the City Council's approval; and, 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. Page 1 RESOLUTION NO. 08-70 Section 2: 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 has tabulated the property owner ballots returned by the close of the noticed public hearing and has determined that the property owners have approved the annual levy and collection of assessments and maximum assessments over the next five years as outlined in the Management District Plan and Engineer's Report, in compliance with the California Constitution Article XIIID. Section 3: Based upon its review of the Management District Plan and Engineer's Report, copies of which have been presented to the City Council and which are on file with the City Clerk, the City Council hereby finds and determines that: 3a) The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities to be provided by the District. 3b) The District includes all of the lands so benefited and is inclusive of all parcels identified on the assessment diagram of the District contained in said documents. 3c) 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, 2008 and ending June 30, 2009 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. 3d) The assessments so described in the Plan and Report are consistent with the assessments approved by the property owners within the District. Section 4: The City Council hereby orders the proposed improvements and services for fiscal year 2008-2009 as described within the Plan and Report to be made, and hereby orders the levy and collection of annual assessments to pay for those improvements and services be presented to the County Auditor/Controller of Riverside commencing with Fiscal Year 2008/2009. 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 5: 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 I Property and Business Improvement District, and such money shall be expended only for the improvements described in the Management District Plan. Section 6: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2008 and ending June 30, 2009. Page 2 RESOLUTION NO. 08-70 Section 7: The City Clerk or their designee is hereby authorized and directed to file the levy of assessments for Fiscal Year 2008/2009 with the County Auditor of Riverside upon adoption of this Resolution. 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: FERGUSON, r intnl r , KELLY, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAINED: NONE ATTEST: RAC EILLE D. KLASSEN; City Clerk City of Palm Desert, California GV �_ M. BENSdN, M or Ci f Palm Desert, California Page 3