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HomeMy WebLinkAboutCC RES 09-5068-2571 RESOLUTION NO. 09-50 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS 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, California (hereafter referred to as the "City Council") hereby finds, determines, resolves and orders as follows: WHEREAS, on June 8, 2006 the City Council called and duly held a public hearing and property owner protest ballot proceedings for the President's Plaza III Property and Business Improvement Assessment District (hereafter referred to as the "District') 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 Califomia (hereafter referred to as the "Code") 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 a maximum annual assessment over a five year period beginning July 1, 2006 and ending June 30, 2011, for the costs and expenses associated with the maintenance and operation of landscaping, lighting, refuse collection and all appurtenant facilities related thereto; and, WHEREAS, the landowners of record within the District as of the close of the Public Hearing held on June 8, 2006 did cast their ballots resulting in the approval of the District formation and annual levy of assessments related thereto; and, WHEREAS, the City Council, pursuant to the Code did by previous Resolutions formed the District, and approved a Management District Plan in connection with the formation of the District and appointed an Advisory Board that shall cause to be prepared an annual report regarding the District for the City Council's approval; and, WHEREAS, the Advisory Board has held a meeting for reviewing and approving the proposed budget for Fiscal Year 2009/10 and has prepared a Report in connection with the District 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 by previous resolution has approved said Report. 1 RESOLUTION NO. 09-50 68-2571 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 City Council desires to levy and collect the annual assessment for President's Plaza III Property and Business Improvement Assessment District for Fiscal Year 2009/10 pursuant to the provisions of the Code. Section 3 Based upon its review of the Management District Plan, a copy of which has been presented to the City Council and filed with the City Clerk, the City Council hereby finds and determines that: A. The territory of land within the District will receive special benefits from the operation, maintenance and servicing of the improvements and appurtenant facilities located within the boundaries of the District. B. District includes all of the lands so benefited; and C. 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, 2009 and ending June 30, 2010 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. D. The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District. Section 4 The Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. Section 5 The City Council hereby orders the improvements to be made, and the levy and collection of annual assessments to pay for those improvements to be presented to the County Auditor/Controller of Riverside for Fiscal Year 2009/10. 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 6 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 III Property and Business Improvement 2 RESOLUTION NO. 09-50 68-2571 Assessment District, and such money shall be expended only for the improvements described in the Management District Plan. Section 7 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2009 and ending June 30, 2010. Section 8 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. 3 RESOLUTION NO. 09-50 PASSED, APPROVED, AND ADOPTED this STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF PALM DESERT ss. llth 68-2571 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. 09-50 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said Council held on the 11th day of June , 2009 by the following vote: AYES: BENSON, FINERTY, KELLY, and SPIEGEL NOES: NONE ABSENT: FERGUSON ABSTAINED: NONE ROBERT A. SPEIGEL,IAayof City of Palm Desert ATTEST: RA HELLE D. KLASSEN, Ci y Clerk City of Palm Desert 4