HomeMy WebLinkAboutRES 2021-44' RESOLUTION NO. 2021-44
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, APPROVING THE ENGINEER'S REPORT AND
ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS
WITHIN CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT
NO. 1 FOR FISCAL YEAR 2021/2022, PURSUANT TO THE
PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982
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 has, by previous resolutions, declared its intention
to levy assessments for City of Palm Desert Benefit Assessment District No. 1
(hereafter referred to as the "District"); and
WHEREAS, the engineer selected by the City Council has prepared and filed with
the city clerk, and the city clerk has presented to the City Council, the 2021/2022
Engineer's Report (hereafter referred to as the "Report"). The Report describes the
assessments against the parcels of land within the District for the fiscal year commencing
July 1, 2021 and ending June 30, 2022, that pay for the maintenance, operation, and
' servicing of improvements and facilities related thereto; and
WHEREAS, the City Council has carefully examined and reviewed the Report,
as presented, and is satisfied with the items and documents, as set forth therein, and
finds that the levy of assessments has been spread in accordance with the special
benefits that will be received from the improvements, operation, maintenance, and
services to be performed, as set forth in the Report, and
WHEREAS, the City Council and its legal counsel have reviewed Proposition 218
and have found that these assessments comply with the applicable provisions of
California State Constitution article XIII D; and
WHEREAS, the City Council wishes to levy and collect assessments against
parcels of land within the District for the fiscal year commencing July 1, 2021 and ending
June 30, 2022, in order to pay for the costs and expenses of operating, maintaining, and
servicing the improvements and appurtenant facilities that are located within the District.
NOW, THEREFORE BE IT 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.
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RESOLUTION NO. 2021-44
Section 2. Fair Public Hearing. Following notice duly given, the City Council '
has held a full and fair public hearing regarding the District, the levy
and collection of assessments, and the Report prepared in
connection therewith and has considered any oral and written
statements, protests, and communications that interested persons
have made or filed regarding these matters.
Section 3. Property Owner Approval. The City Council finds that the record
owners of property within the District previously approved the
continued levy and collection of assessments through property
owner balloting proceedings, and that the proposed assessment for
fiscal year 2021/2022 is consistent with the assessments so
approved.
Section 4. City Council Findings. Based upon the Report, which is hereby
approved and ordered to be filed in the Office of the City Clerk as
a permanent record that will be open to public inspection, the City
Council hereby finds and determines that:
A. The land and eligible parcels within District boundaries
receive a particular and distinct benefit over and above any
general benefits that are conferred on real property that is '
located in the District or to the public at large, from the
operation, maintenance, and servicing of the improvements
and appurtenant facilities that are identified in the Report
(hereafter referred to as "Special Benefit'); and
B. The District includes the lands and parcels that receive a
Special Benefit; and
C. The net amount to be asse ssed upon the lands within
District is in accordance with and apportioned by a formula
and by a method that distribute the net amount fairly among
eligible parcels, in proportion to the Special Benefit that each
parcel will receive from the improvements and services for
the fiscal year commencing July 1, 2021 and ending June 30,
2022.
Section 5. Constitutional Compliance. The Report and the assessment, as
presented to the City Council and as on file with the Office of the
City Clerk, comply with the applicable provisions of California State
Constitution article XIII D and are hereby confirmed as filed.
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RESOLUTION NO. 2021-44
Section 6. Improvements Ordered. The maintenance, operation, and servicing
of the improvements will be performed, pursuant to the provisions of
the Benefit Assessment Act of 1982, title 5, division 2, part 1,
chapter 6.4 of the California Government Code, commencing with
section 54703 (hereafter referred to as the "Act'). The City Council
hereby orders the proposed improvements to be made. These
improvements are briefly described as the operation, maintenance,
servicing, and administration of the improvements and incidental
expenses related thereto for the District, which is located within the
boundaries of the City of Palm Desert and within the jurisdiction of
the City Council. The Report contains a more detailed description of
the improvements. These improvements and facilities can be
classified within the following general category:
A. Installation, construction, or maintenance of any authorized
improvements under the Act, including, but not limited to,
drainage improvements and any facilities that are appurtenant
to any of the aforementioned, or which are necessary or
convenient for the maintenance or servicing thereof.
Section 7. County Collection of Lew. The County Auditor/Controller of
' Riverside County (hereafter the "County") will enter on the County
Assessment Roll, opposite each eligible parcel of land, the amount
of levy. The levy will be collected at the same time and in the same
manner as County taxes are collected. After the County collects the
levy, the net amount of the levy will be paid to the Treasurer of the
City of Palm Desert.
Section 8. Restricted Use of Assessments. The city treasurer will deposit all
money representing assessments that the County has collected for
the District, into a District fund. This money will be expended only
for the maintenance, operation, and servicing of improvements as
described in section 6.
Section 9. Adoption of District Lew. The adoption of this resolution constitutes
the District levy for the fiscal year commencing July 1, 2021 and
ending June 30, 2022.
Section 10. Direction to City Clerk. The city clerk, or his or her designate, is
hereby authorized and directed to file the levy with the county
auditor upon the adoption of this resolution.
Section 11. Public Inspection. A copy of the levy will be filed with the Office of
' the City Clerk and will be open to public inspection.
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RESOLUTION NO. 2021-44
PASSED, APPROVED, AND ADOPTED at a regular meeting of the Palm Desert '
City Council, held on this 24th day of June 2021, by the following vote to wit:
AYES: HARNIK, JONATHAN, NESTANDE, QUINTANILLA, and KELLY
NOES: NONE
ABSENT: NONE
ABSTAIN: -NONE Aaiw6tm "�t4
KATHLEEN LLY, A O
ATTEST:
M. GLORI A 4C--HEZ, -AC CITY CLERK
CITY OF LM DES -ER , C IFORNIA '
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