HomeMy WebLinkAboutCC RES 09-4568-2564
RESOLUTION NO. 09-45
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 2009/10
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. 09-45
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 2009/10, 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 2009/10"; 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. 09-45
PASSED, APPROVED, AND ADOPTED this
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
11th
day of June 2009.
I, 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. 09-45 was regularly adopted by
the City Council of said City of Palm Desert at a regular meeting of said Council held on the I1th day of
June , 2009 by the following vote:
AYES: BENSON, FERGUSON, FINERTY, KELLY and SPIEGEL
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ROBERT A. SPEIGEL, Mayor
City of Palm Desert
ATTEST:
RACHELLE D. KLAS EN, City Clerk
City of Palm Desert
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