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HomeMy WebLinkAboutCC RES 2015-70RESOLUTION NO. 2015-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING THE FORMATION/RE- ESTABLISHMENT OF THE PRESIDENT'S PLAZA PROPERTY AND BUSINESS IMPROVEMENT DISTRICT AND THE LEVY AND COLLECTION OF ASSESSMENTS FOR SAID DISTRICT FOR FISCAL YEAR 2015/2016 The City Council of the City of Palm Desert, California (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, 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 Califomia (hereafter referred to as the "Act") did by previous Resolutions initiate proceedings and order the preparation of a Management District Plan and Engineer's Report (hereafter referred to collectively as "Report") in connection with the formation of the President's Plaza Property and Business Improvement District (hereafter referred to as the "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, pursuant to the Act did by previous Resolution appoint an owners association and this owners 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 ballot proceeding for the District pursuant to the provisions of the Act and the Califomia Constitution Article XIIID, for the purpose of presenting to the qualified property owners within the District the annual levy of assessments and maximum annual assessments over the next three years to pay for the costs and expenses associated with and authorized for the District as outlined in the Report; 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 9, 2015, weighted according to the proportional financial obligation of each affected property, and the tabulation of said protest ballots returned by the property owners indicated approval of the assessments and maximum assessments authorized over the next five years; and, RESOLUTION NO. 2015-70 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 City Council desires to form the President's Plaza Property and Business Improvement District and to levy annual assessments for the duration of the five years outlined in the Report as authorized pursuant to the provisions of the Act. 3. The City Council hereby declares pursuant to the Act and the method of apportionment described in the Report, that said annual assessments shall not exceed the maximum assessments and inflationary adjustments approved by the property owners of record and shall commence with the first fiscal year beginning July 1, 2015 and ending June 30, 2016 to pay the costs and expenses of operating, maintaining and servicing said improvements for the District. 4. Following notice duly given, the City Council has held a full and fair 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 has tabulated the property owner ballots returned by the close of the noticed public hearing and has determined that the property owners have approved the annual levy and collection of assessments and maximum assessments over the next five years as outlined in the combined Management District Plan and Engineer's Report, in compliance with the California Constitution Article XIIID. 5. Based upon its review of the combined Management District Plan and Engineer's Report, copies of which have been presented to the City Council and which is on file 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 is inclusive of all parcels identified on the assessment diagram of the District; 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, 2015 and ending June 30, 2016 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 combined Management District Plan and Engineer's Report are consistent with the assessments approved by the property owners within the District. 2 RESOLUTION NO. 2015-70 6. The Management District Plan and Engineer's Report and assessments as presented to the City Council and on file in the office of the City Clerk are hereby confirmed as filed. 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 be presented to the County Auditor/Controller of Riverside commencing with Fiscal Year 2015/2016. 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. 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 Property and Business Improvement District, and such money shall be expended only for the improvements described in the Management District Plan. 9. The adoption of this Resolution constitutes the District levy for the Fiscal Year commencing July 1, 2015 and ending June 30, 2016. 10. The City Clerk is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. 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 ATTEST: RA ELLE D. KLASSEN, ITY CLERK CITY OF PALM DESERT, CALIFORNIA Susan Marie Weber, Mayor 3