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Home My WebLink AboutCC RES 92-108RESOLUTION NO. 92-108 A RE50LUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CONFIRMING A PROPOSED ASSESSMENT AND A PROPOSED MAXIMUM ANNUp►I, ASSESSMENT, ORDERING PROPOSED IMPROVEMENTS TO BE ACQUIRED, AND DECLARING ITS ACTION UPON THE ENGINEER'S REPORT, AS MODIFIED, AND THE ASSESSMENTS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 92-1 (5IERRANOVA) THE CITY COUNCZL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Following notice duly qiven by posting, publication and mail, the City Council has held a full and fair public hearing regardinq its Resolution No. 92-94 and the Engineer's Report prepared and filed with the City Clerk in connection therewith entitled "Engineer's Report, Assessment District No. 92-1, City of Palm Desert, State of California" (the "Engineer's Report") and regarding protests and objections thereto and to the proposed acquisition of the works, improvements, facilities and appliances described in the Enqineer's Report, includinq the acquisition of capacity riqhts in facilities of the Coachella Valley Water District (the "Improvements"). At such public hearinq, the Assessment Enqineer proposed certain modifications to the Engineer's Report as set forth in the modifications to the Engineer's Report presented to the City Council at this meeting and now on file in the office of the City Clerk. All oral and written protests and objections to the proposed acquisition of the Improvements, to the extent of Assessment District No. 92-1 (Sierranova), to the proposed assessment in connection therewith, to the Enqineer's Report, as modified, and to any and a�l other matters related to the foregoing, are hereby overruled by the City Council. The City Council hereby finds and determines that such protests and objections constitute protests and objections by owners (or mortgaqees or beneficiaries under any mortqaqe or deed of trust upon any lands within Assessment District No. 92-1 (Sierranova) securinq a loan to finance, in whole or in part, the Improvements to be acquired) of less than one-half of the area of the property to be assessed for the acquisition of the Improvements. Section 2. Based upon its review of the Engineer's Report, as modif ied, a copy of which has been presented to the City Council and which is on file in the office of the City Clerk, and other reports and information presented to it, the City Council hereby finds and determines that (i) the district of land within Assessment District No. 92-1 (Sierranova) will be benefitted by the acquisition of the Improvements, (ii) Assessment District No. 92-1 (Sierranova) includes all of the lands so beneiitted, and (iii) the assessment of the total ar.,ount of the cost and expenses of the acquisition of the Ir��provements upon the several subdivisions of land in Assessment 9^_ : i:30 ryc 1671142 (4) __. .... . it=.JUL.�LLU�J �lU, iL-LiIrS m � District No. 92-1 (Sierranova) is in proportion to the estimated benefits to be received by such subdivisions, respectively, from such Improvements. Section 3. The City Council has found and determined that the total amount of the principal sum of all unpaid special assessments levied aqainst the parcels proposed to be assessed (being the total amount, as determined and set forth in such Engineer's Report, as modified, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedinqs, other than that contemplated in the proceedings for Assessment District No. 92-1 (Sierranova), which would require an investigation and report under Streets and Highways Code Section 2800, et seg., aqainst the total area proposed to be assessed) within Assessment District No. 92-1 (Sierranova), plus the principal amount of the special assessment proposed to be levied in these proceedinqs, do not exceed one-half of the total value of the parcels proposed to be assessed within Assessment District No. 92-1 (Sierranova) (being the fair market value of the land and improvements thereon as determined by appraisal by a qualified real estate appraiser). Section 4. The City Council hereby approves the modifications proposed to the Engineer's Report at the public hearing described in Section 1, above, orders such modifications to be made, and hereby approves the Enqineer's Report, as _ modified. ' Section 5. The proposed assessment for the cost and expenses of the acquisition of the Improvements provided for in subdivisions (dj and (e) of Streets and Hiqhways Code Section 10204 and set forth in the Enqineer's Report, as modified, is hereby confirmed as filed with the City Clerk and presented to the City Council. Section 6. The proposed maximum annual assessment for the cost of administrative expenses incurred by the City which are not otherwise reimbursed provided for in subdivision (f) of Streets and Hiqhways Code Section 10204 and set forth in the Engineer's Report, as modified, is hereby confirmed as filed with the City Clerk. The City Council hereby determines that the amount of the annual assessment upon each of the lots or parcels in Assessment District No. 92-1 (Sierranova) to pay administrative costs incurred by the City which are not otherwise reimbursed shall be $50.00 per lot or parcel with an annual increase correspondinq to increases in the Consumer Price Index. The annual assessment shall be collected in the same manner and in the same installments as the assessment levied to pay the cost of the acquisition of the Improvements. Section 7. The public interest and convenience require the proposed acquisition of the Improvements to be made and therefore the Improvements are ordered to be acquired. 92io3o.yo �e��iaz ca� - 2 - RESOL`TTIO:�I V0. 92-LOS Section 8. The form of Acquisition Aqreement dated as of November 12, 1992, between the City of Palm Desert and Palm Desert Eldorado, Ltd., which provides for the acquisition of the Improvements and which has been presented to the City Council and is now on file in the office of the City Clerk, is hereby approved in substantially the form and substance presented to the City Council. The Mayor is hereby authorized and directed to execute the Acquisition Agreement for and in the name and on behalf of the City, and to cause modifications to be made thereto as may be necessary or appropriate in the circumstances, such modifications to be deemed approved upon execution, so long as such modifications do not require the City to pay in excess of $1,838,923.50 for the Improvements. Section 9. The form of Cooperative Aqreement dated as of November 12, 1992 by and among the City, the Coachella Valley Water District, and Palm Desert Eldorado, Ltd., which provides for the transfer of the water and sanitary sewer improvements described in the Enqineer's Report, as modified, from the City to the Coachella Valley Water District and which has been presented to the City Council and is now on file in the office of the City Clerk is hereby approved in substantially the form and substance presented to the City Council. The Mayor is hereby authorized and directed to execute the Cooperative Aqreement for and in the name and on behalf of the City, and to cause modifications to be made thereto as may be necessary or appropriate in the circumstances, such modifications to be deemed approved upon execution, so lonq as such modifications do not require the City to pay in excess of $1,051,544.10 for the water and sanitary sewer improvements. Section 10. The assessment for the cost and expenses of the acquisition of the Improvements and the maximum annual assessment for administrative expenses, as set forth in the Engineer's Report, as modified, are hereby approved. Section 11. The City Clerk is hereby directed to cause to be recorded in the office of the City Treasurer and in the office of the Director of Public Works a certified copy of the diaqram and assessment provided for in subdivisions (d), (e) and (f) of Streets and Hiqhways Code Section 10204. 5ection 12. The City Clerk is hereby directed to cause to be recorded in the office of the County Recorder of the County of Riverside a notice of assessment in connection with Assessment District No. 92-1 (Sierranova), as provided by Streets and Highways Code Sections 3114 and 10402.5. Section 13. Following the recordation of such notice of assessment, the City Treasurer is hereby authorized and directed to provide notice of recordation of the assessment as provided by Streets and Hiqhways Code Section 10404, by mail, postage prepaid, to all persons owninq real property which is proposed to be assessed to pay any part of the cost of the work, 921�30 rye 1671142 (�1) — 3 — P.ESOLUTION �0. 92-' , whose names and addresses appear on the last equalized roll or who are known to the City Clerk, and by publication pursuant to California Government code Section 6066 in the Palm Desert Post. Section 14. The City Treasurer is hereby authorized and directed to collect and receive the assessments pursuant to Division 12 of the California Streets and Highways Code. PASSED, APPROVED AND ADOPTED this 12th day of November, 1992. AYES: NOES: ABS$NT: ABSTAIN: BEi?S0:�1, S�1Y'JFR, ?JILS0�1, K:'LLY NONJ CRITES �10'�TF ATTF�ST : i �,�, ,' - ;% '' � ' � /.��„! � �C-� ,�� ✓ Sheila R. Gi iqan,;C ty Clerk � � � � - 4 -