HomeMy WebLinkAboutCC RES 09-4968-2571
RESOLUTION NO. 09-49
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING
THE MANAGEMENT DISTRICT PLAN FOR THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS
IMPROVEMENT ASSESSMENT DISTRICT, 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, in Fiscal Year 2009/10 the City Council 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 in accordance with the provisions of the California
Constitution Article XIIID conducted proceedings for the formation of the President's Plaza III Business
Improvement District (hereafter referred to as the "District''), and the levy of annual assessments connected
therewith; and,
WHEREAS, on June 8, 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 June 8, 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 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 President's Plaza III 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. 09-49
68-2571
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 President's Plaza III
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. 09-49
PASSED, APPROVED, AND ADOPTED this
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
11th
68-2571
day of June 2009.
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. 09-49 was regularly adopted by
the City Council of said City of Palm Desert at a regular meeting of said Council held on the l lth day of
June , 2009 by the following vote:
AYES: BENSON, FINERTY, KELLY, and SPIEGEL
NOES: NONE
ABSENT: FERGUSON
ABSTAINED: NONE
ROBERT A. SPEEGEL,"May
City of Palm Desert
ATTEST:
RA'CHLLE D. KLASSEN, City Clerk
City of Palm Desert
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