HomeMy WebLinkAboutCC RES 2019-30RESOLUTION NO. 2019-30
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 FOR FISCAL
YEAR 2019/2020
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 Califomia (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 the annual levy of assessments related thereto; and,
WHEREAS, the City Council, pursuant to the Code, did by previous Resolutions
form the District, approve a Management District Plan in connection with the formation of
the District, and appoint 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 to review and approve the
proposed budget for Fiscal Year 2019/2020, and has prepared a Report in connection
with the District for Fiscal Year 2019/2020 and filed it 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 for Fiscal Year 2019/2020;" and,
WHEREAS, the City Council has carefully examined and reviewed the Report as
presented, and by previous resolution has approved said Report.
RESOLUTION NO. 2019-30
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 2019/2020 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.
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, 2019 and ending June 30, 2020 is apportioned by a formula
and by a method that 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 2019/2020. 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 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, 2019 and ending June 30, 2020.
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RESOLUTION NO. 2019-30
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 13th day of June 2019, by the
following vote to wit:
AYES: HARNIK, JONATHAN, KELLY, NESTANDE, and WEBER
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
ATTEST:
R~ E D. ASS , CITY CLER'S
CITY OF PALM DESERT, CALIFORNIA
SUSAN MARIE WEBER, MAYOR
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