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HomeMy WebLinkAboutCC RES 2015-69RESOLUTION NO. 2015-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND ADOPTING THE MANAGEMENT DISTRICT PLAN AND ENGINEER'S REPORT FOR THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2015/2016 AND APPOINTMENT OF AN OWNERS ASSOCIATION The City Council of the City of Palm Desert, California (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 Califomia (hereafter referred to as the "Act"), property owners within the District, representing more than 50 percent of the proposed assessments to be levied have presented to the City Council a written petition for the formation (re-establishment ) of the District; and, WHEREAS, the City Council pursuant to the Act, did by previous resolution directed the Assessment Engineer, Willdan Financial Services, (hereafter referred to as "Engineer") to prepare and file a Management District Plan and Engineer's Report (hereafter referred collectively as "Report") in connection with the formation of the President's Plaza Property and Business Improvement District, and the establishment of maximum assessments to pay for the maintenance and services authorized including solid waste (refuse) collection services; and the maintenance and operation of the common parking lot areas including the landscaped areas, lighting facilities, parking lot surface areas; and all appurtenant facilities and operations related thereto; and, WHEREAS, the City Council has 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 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: 1. The above recitals are true and correct. 2. The Report as presented is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection. 3. Pursuant to the Act, the City Council hereby appoints the President's Plaza Owners Association as the owners association for the District. This owners association shall cause to be prepared a Report for each subsequent fiscal year for which RESOLUTION NO. 2015-69 assessments are to be levied and collected. Said annual Reports shall be filed with the City Clerk and shall contain: any proposed changes to the district boundary; the improvements and activities to be provided that year; the estimated costs for that year; the method of assessment; the amount of any surplus or deficit; and contributions from other sources. 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 Owners Association. The foregoing Resolution was passed and adopted by the City Council of the City of Palm Desert on the 9th day of July, 2015, by the following vote: AYES: HARNIK, JONATHAN, SPIEGEL, TANNER, and WEBER NOES: NONE ABSENT: NONE ABSTAIN: NONE Susan Marie Weber, Mayor ATTEST: .�.� `'s ELLc Ef.'KSSEN, C1`rY CLERK CITY OF PALM DESERT, CALIFORNIA 2