HomeMy WebLinkAboutRes 2021-30RESOLUTION NO. 2021-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING A REASSESSMENT REPORT
PREPARED IN CONNECTION WITH THE ISSUANCE OF REFUNDING
BONDS FOR THE SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02);
CONFIRMING REASSESSMENTS FOR SUCH REFUNDING BONDS;
MAKING OTHER FINDINGS IN CONNECTION THEREWITH; ORDERING
REFUNDING AND REASSESSMENTS; AND DIRECTING AND
APPROVING OTHER MATTERS RELATING THERETO
RECITALS:
WHEREAS, the City of Palm Desert (the "City") has heretofore formed the
Section 29 Assessment District (No. 2004-02) (the "District") and issued its City of Palm
Desert, Section 29 Assessment District (No. 2004-02), Limited Obligation Improvement
Bonds, Series 2007 (the "Prior Bonds"), of which $19,830,000 in aggregate principal
amount remain outstanding; and
WHEREAS, the City Council of the City (the "City Council") has adopted a
resolution entitled, "A Resolution of the City Council of the City of Palm Desert, California,
Declaring Its Intention to Issue Refunding Bonds for the Section 29 Assessment District
(No. 2004-02); Directing the Preparation of Report Pursuant to Section 9523 of the
California Streets and Highways Code; Making Other Determinations Relating to the
Refunding; and Directing Other Matters Relating Thereto" (the "Resolution of Intention"),
and initiated proceedings to refund all of the remaining Prior Bonds pursuant to the
Refunding Act of 1984 for 1915 Improvement Act Bonds (the "1984 Refunding Act"), as
set forth in Division 11.5 (commencing with Section 9500) of the California Streets and
Highways Code (the "Code"); and
WHEREAS, in accordance with Section 9523 of the Code, the City Council
has ordered Willdan Financial Services (the "Reassessment Engineer") to prepare a
report on the reassessments (the "Reassessments") to be levied in connection with the
issuance of the refunding bonds (the "Refunding Bonds") for the District; and
WHEREAS, the Reassessment Engineer's report, entitled "City of Palm
Desert Section 29 Reassessment District No. 2004-02 Reassessment Report, May 24,
2021" (the "Reassessment Report"), has been presented to the City Council and is on file
with the City Clerk;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT DOES HEREBY RESOLVE, FIND, DECLARE AND ORDER AS FOLLOWS:
correct.
Section 1. Recitals. The above recitals, and each of them, are true and
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RESOLUTION NO. 2021-30
Section 2. Approval of Reassessment Report. The Reassessment
Report, in the form presented to the City Council and on file with the City Clerk, is hereby
approved.
Section 3. Findinas Pursuant to Section 9525 of the Code. With respect
to the Refunding Bonds, the City Council hereby determines that the following conditions
have been satisfied:
(a) Each estimated annual installment of principal and interest on the
Reassessments, as set forth pursuant to Section 9523(d) of the
Code, is less than the corresponding annual installment of principal
and interest on the portion of the original assessment being
superseded and supplanted, as set forth in Section 9523(c) of the
Code, by the same percentage for all subdivisions of land within the
District. Amounts, if any, added to the annual installments of the
Reassessments because of delinquency in payment on the original
assessments have not been considered in the calculation supporting
this finding.
(b) The number of years to maturity of all Refunding Bonds is not more
than the number of years to the last maturity of the Prior Bonds.
(c) The principal amount of the Reassessment on each subdivision of
land within the District is less than the unpaid principal amount of the
portion of the original assessment being superseded and supplanted
by the same percentage for each subdivision of land within the
District. Amounts, if any, added to the Reassessments because of
delinquency in payment on the original assessments have not been
considered in the calculation supporting this finding.
Section 4. Modifications to Reassessment Report. The City Council
hereby authorizes the Mayor and the City Manager, or either of them, to approve any
necessary or appropriate modifications to the Reassessment Report to reflect changes in
the amounts of contribution from existing moneys on hand with respect to the District, and
in any other amounts, so long as such modifications would not cause any of the findings
set forth in Section 3 of this Resolution (as if made by the City Council after such
modifications have been made) to be false. Such Reassessment Report, as modified
pursuant to this Section 4, shall stand as the Reassessment Report for the purposes of
these proceedings relating to the issuance of the Refunding Bonds.
Section 5. Confirmation of Reassessments. The public interest requires,
and the City Council hereby orders, the refunding and reassessments for the District to
be done and completed as described in and in accordance with the 1984 Refunding Act,
the Resolution of Intention, this Resolution and the Reassessment Report. The
reassessments for the Refunding Bonds and the contribution from the existing funds of
the District, set forth in the Reassessment Report, are hereby approved and confirmed,
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RESOLUTION NO. 2021-30
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and a copy of this Resolution shall be entered upon the minutes of this meeting of the
City Council.
Section 6. Authorization for Issuance of Refunding Bonds. The City
Council hereby authorizes the issuance and sale of the Refunding Bonds to represent all
unpaid Reassessments. The Refunding Bonds shall be issued in accordance with the
provisions of the 1984 Refunding Act and the terms of the Refunding Bonds (including,
but not limited to, interest rates, redemption provisions and maturity) shall be consistent
with the parameters set forth in the Resolution of Intention.
Section 7. Incorporation of District Maps: Omission of Certain Parcels
from Reassessments. The properties within the District will benefit by the refunding and
reassessment contemplated hereby and shall be assessed to pay the costs and expenses
thereof, including installments of principal and interest on the Refunding Bonds. The
exterior boundaries of the District are shown on the map on file with the City Clerk and
approved by the City Council on January 25, 2007, by Resolution No. 07-4B. Such map
is incorporated into this Resolution by this reference.
Section 8. Recordation of Reassessments and Reassessment Diagram.
The Reassessments provided for herein, together with the reassessment diagram related
thereto, as set forth in the Reassessment Report are hereby approved and confirmed as
the reassessments and reassessment diagram of the properties to be reassessed in the
District in these proceedings. The final reassessments thereof shall immediately be
recorded in the office of the Superintendent of Streets, which (as appointed and
designated in the formation proceedings for the District) is the Director of Public Works of
the City. Immediately thereafter, a copy of the reassessment diagram shall be filed in the
office of the County Recorder and a Notice of Reassessment relating thereto, referencing
such diagram, shall be recorded in the office of the County Recorder, all pursuant to the
provisions of Division 4.5 (commencing with Section 3100, and specifically Section 3114)
of the Code. Upon recordation, the reassessments shall become liens upon the various
parcels of land assessed as shown on the reassessment diagram.
Section 9. Records and Collections of Reassessment Payments. A copy
of this Resolution confirming the Reassessments authorized hereunder (which
reassessments shall constitute the security for the Refunding Bonds) shall be filed in the
office of the City Treasurer, and the City Treasurer shall keep the record showing the
several installments of principal and interest on the reassessments that are to be collected
each year during the term of the Refunding Bonds. An annual portion of each
reassessment, together with annual interest on such reassessment, shall be payable in
the same manner and at the same time and in the same installments as the general
property taxes of the City and shall be payable and become delinquent at the same time
and in the same proportionate amount. Each year the annual installments shall be
submitted to the County Auditor for purposes of collection, and the County Auditor shall,
at the close of the tax collecting season, promptly render to the City Treasurer a detailed
report showing the amount of such installments, interest, penalties and percentages so
collected.
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W.IStaff Reports - Shared 2\Staff Reports 06-10-202I\4 - Clerk 06-IO-21\23 Res Nos. 2021-29, 2021-30, & 2021-31 - Section 29103 Resolution Approving Reassessment Report (Palm Desert
Section 29 Ref Bonds 2021) 6.10 21 rev 5 26 21 DOCX
RESOLUTION NO. 2021-30
Section 10. Other Acts. The officers of the City are hereby authorized and
directed, jointly and severally, to do any and all things that they may deem necessary or
advisable in order to effectuate the purposes of this Resolution and any such actions
previously taken by such officers are hereby ratified and confirmed.
Section 11. Effective Date. This Resolution shall take effect immediately
upon adoption.
PASSED, APPROVED and ADOPTED by the City Council of the City of
Palm Desert, California, on this 10th day of June, 2021, by the following vote, to wit;
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
KATHLEE KELLY, MAY
M. GLORIA S hFCI4EZ, A -TI G CITY CLERK
CITY OF PA M DESERT, C; LIFORNIA
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W:\Staff Reports - Shared 21Sta1TReports 06-10-2021\4 - Clerk 06-10-21\23 Res Nos. 2021-29, 2021-30, & 2021-31 - Section 29103 Resolution Approving Reassessment Report (Palm Desert
Section 29 Ref Bonds 2021) 6 10 21 rev 5 26 21 DOCX