HomeMy WebLinkAboutCC RES 2010-5068-2564
RESOLUTION NO. 2010-50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA ORDERING THE LEVY AND COLLECTION OF ASSESSMENT FOR THE
ALESSANDRO ALLEY PROPERTY AND BUSINESS IMPROVEMENT DISTRICT,
FISCAL YEAR 2010/11
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 April 13, 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
California (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
April 13, 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 form the District and
approve 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 2010/11 and has prepared a Report in connection with the District for Fiscal Year
2010/11, 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 2010/11, and,
WHEREAS, The City Council has carefully examined and reviewed the Report as presented, and by
previous resolution has approved said Report.
RESOLUTION NO. 2010-50
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 annual assessments for FY 2010/11 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 which as been 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. The 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, 2010 and ending June 30,
2011 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 proposed 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 2010/11. 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. However, there has been no improvements done
and therefore will not be levied for FY 2010/2011.
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 Alessandro Alley Property and Business Improvement
District, and such money shall be expended only for the improvements described in the Management District
Plan.
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RESOLUTION NO. 2010-50
Section 9 The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing
July 1. 2010 and ending June 30, 2011.
Section 10 The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon
adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 24th day of June 2010.
STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF PALM DESERT
ss.
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. 2010-50 was regularly adopted by the City Council of said
City of Palm Desert at a regular meeting of said Council held on the 24th day of June, 2010 by the
following vote:
AYES: BENSON, FERGUSON, KELLY, SPIEGEL, and FINERTY
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST
RACHELLE D. KLASSEN, City Clerk
City of Palm Desert, California
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CINDY FINERTY, ayor, (�