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HomeMy WebLinkAboutCC RES 2020-42RESOLUTION NO. 2020-42 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 FOR FISCAL YEAR 2020/2021 The City Council of the City of Palm Desert (hereafter referred to as the "City Council") does resolve as follows: WHEREAS, the City Council by previous action and resolution formed the "Palm Desert Benefit Assessment District No. 1" (hereafter referred to as the "District") pursuant to the Benefit Assessment Act of 1982, chapter 6.45, division 2, title 5 of the Government Code of the State of California, commencing with section 54703 (hereafter referred to as the "Act") that provides for the collection of assessments by the County of Riverside on behalf of the City of Palm Desert to pay for the maintenance, operation, and services of improvements related thereto; and, WHEREAS, the City Council desires to initiate proceedings for the levy and collection of annual assessments for the Fiscal Year 2020/2012 for the maintenance, operation, and servicing of the drainage basin and facilities that provide benefit to the property within the District pursuant of the provisions of the Act; and, WHEREAS, the City has retained Willdan Financial Services for the purpose of assisting with the annual levy of the District, including the preparation and filing of an Engineer's Report (hereafter referred to as the "Report") with the City Clerk in accordance with the Act. NOW, THEREFORE, LET IT BE RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL, THE LEGISLATIVE BODY FOR THE DISTRICT, AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby orders Willdan Financial Services for the purpose of assisting with the Annual Levy of the District, including the preparation and filing of an Engineer's Report (hereafter referred to as the "Report") with the City Clerk in accordance with the Act. Section 3. The purpose of this District is to fund the activities necessary to operate, maintain, and serve the drainage basin constructed in a portion of Section 29, Township 4 South, Range 6, East SBM and to be enlarged in connection with current and new development of properties. The maintenance, operation, and servicing of these improvements may include, but are not limited to, all materials, equipment, labor and incidental expenses deemed 1 RESOLUTION NO. 2020-42 necessary to keep the drainage basin in satisfactory condition. The Engineer's Report shall provide a more detailed description of the improvements and services provided by the District and describes any new improvements or substantial changes of the improvements for which properties are assessed. Section 4. The City Council hereby determines that to provide the improvements generally described in section 3 of this resolution and to be detailed in the Report, it is necessary to levy and collect assessments within the District for Fiscal Year 2020/2021, and that such improvements shall be outlined and described in the Report and imposed pursuant to the provisions of the Act and in accordance with the requirements of the California Constitution articles XIIIC and XIIID. PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert City Council, held on this 14th day of May, 2020, by the following vote, to wit: AYES: HARNIK, JONATHAN, KELLY, WEBER, AND NESTANDE NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: GRAC7 L. ROCHA, ACTING CITY CLERK CITY OF PALM DESERT, CALIFORNIA 2 GINA NESTANDE, MAYOR