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HomeMy WebLinkAboutCC RES 2011-70RESOLUTION NO. 2011- 70 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION OF THE PRESIDENT'S PLAZA III PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2011/2012 RECITALS WHEREAS, pursuant to the 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 "Act"), property owners within the proposed District, representing more than 50 percent of the proposed assessment to be levied have presented to the City Council a written petition for the formation of the President's Plaza III Property and Business Improvement District (hereafter referred to as the "District"), and the levy and collection of assessments; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolutions initiate proceedings and order the preparation of a Management District Plan in connection with the formation of the District, and the establishment of maximum assessments over the next five years to pay the maintenance and services of landscaping, lighting, street sweeping and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council, pursuant to the Act did by previous Resolution appoint an Owner's Association consisting of at least one member that is a business licensee within the District who is not also a property owner within the District, and this Owner's Association shall cause to be prepared an annual report regarding the District for the City Council's approval; and, WHEREAS, the City Council called and duly held a property owner protest proceedings for the District pursuant to the provisions of the Act and the California Constitution Articles XIIIC and 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 the next five years for the costs and expenses associated with the maintenance and operation of landscaping, lighting, street sweeping and all appurtenant facilities related thereto; 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 14, 2011, weighted according to the proportional financial obligation of the affected property, and the tabulation of said protest ballots returned by the property owners indicated approval of the assessment and maximum assessment allowed over the next five years; and, RESOLUTION NO. 2011- 70 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 form the President's Plaza III Property and Business Improvement District and to levy annual assessments for a duration of not more than five years pursuant to the provisions of the Act. Section 3: The City Council hereby declares pursuant to the Act and the method of apportionment described in the Management District Plan, that said annual assessments shall not exceed the maximum assessment approved by the property owners and shall commence with the first fiscal year beginning July 1, 2011 and ending June 30, 2012 to pay the costs and expenses of operating, maintaining and servicing said improvements located within the District. Section 4: 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 Clerk has tabulated the ballots and determined that the property owners have approved the annual levy and collection of assessments and a maximum assessment over the next five years as outlined in the Management District Plan, in full compliance with California Constitution Articles XIIIC and XI!ID. Section 5: 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: i.) 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. ii.) District includes all of the lands so benefited; and iii.) 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, 2011 and ending June 30, 2012 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. iv.) The Assessments so described in the Management District Plan are consistent with the assessments so approved by the property owners within the District. 2 RESOLUTION NO. 2011- 70 Section 6: 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 7: 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 commencing with Fiscal Year 2011/2012. 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 8: 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 District, and such money shall be expended only for the improvements described in the Management District Plan. Section 9: The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2011 and ending June 30, 2012. 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 14th day of July, 2011, by the following vote, to wit: AYES: FINERTY, HARNIK, KROONEN, and SPIEGEL NOES: NONE ABSENT: BENSON ABSTAIN: NONE ATTEST: .4 RHELLE D. KLASSEN, CITY CLER CITY OF PALM DESERT, CALIFORNIA ROBERT A. SPIEGEL, 'MAYOI7i tO-TEMPORE 3