HomeMy WebLinkAboutCC RES 2018-55RESOLUTION NO. 2018- 55
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
2018/2019
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 July 14, 2016 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, 2016 and ending June 30, 2021, 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 July 16, 2016 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 2018/2019 and has prepared a Report in connection
with the District for Fiscal Year 2018/2019, 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 2018/2019;" and,
WHEREAS, The City Council has carefully examined and reviewed the Report as
presented, and by previous resolution has approved said Report.
RESOLUTION NO. 2018- 55
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 2017/2018 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, 2018 and ending June 30, 2019 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
2018/2019. 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 Assessment
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RESOLUTION NO. 2018-55
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, 2018 and ending June 30, 2019.
Section 8 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 28th day of June, 2018 by
the following vote to wit:
AYES: HARNIK, KELLY, NESITANDE, and JONATHAN
NOES: NONE
ABSENT: WEBER
ABSTAIN: NONE
ATTEST:
RA ELLE .. KLASSEN'CITY CLERK
CITY OF PALM DESERT , CALIFORNIA
SABBY JONATjHAN, MAYOR
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