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HomeMy WebLinkAboutCC RES 94-115:, r,� _ _; RESOLUTION NO. 94-115 ASSESSMENT DISTRICI' NO. 942 (SUNTERRACE) RESOLUTION OF THE CITY COUNCIL OF TI� CITY OF PALM DESERT CONFIRMING ASSESSMENT AND ORDER- ING ACQUISITION OF IMPROVEMENTS WHEREAS, on September 22, 1994, the City Council (the "City Council") of the City of Palm Desert (the "City"), adopted Resolution No. 94-104, the Resolution of Intention (the "Resolution of Intention") for Assessment District No. 94-2 (Sunterrace) (the "Assessment District"), declaring the intention of the City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California, the Municipal Improvement Act of 1913, to order the acquisition of certain public improvements described therein; and WHEREAS, on September 22, 1994, the City Council adopted Resolution No. 94-105 approving the report of the Assessment Engineer for the Assessment District (the "Report"), setting 7:00 p.m. on November 10, 1994, and the meeting room of the City Council at 73-510 Fred Waring Drive, Palm Desert, California, as the time and place for hearing protests to the proposed acquisition of such improvements, and providing for notice of such hearing to be given by the City Clerk; and WHEREAS, on September 22, 1994, as required by Section 54954.6 of the Government Code of the State of California, the City Council also set 7:00 p.m. on October 27, 1994 and the meeting room of the City Council as the time and place of the public meeting on the proposed assessments to be levied on lots and parcels of property within the Assessment District as contained in the Report; and WHEREAS, pursuant to the direction contained in Section 10 of the Resolution of Intention, the Report contains, among other things, the information prescribed by Section 2961 of the Streets and Highways Code of the State of California with respect to (i) the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 of said Code, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, against the total area proposed to be assessed, and (ii) the total true value, as near as may be determined, of the parcels of land and unprovements which are determined, of the parcels of land and improvements which are proposed to be assessed; and WHEREAS, notice of the hea�ing of protests to the acquisition of such improvements and the public meeting on the proposed assessments to be levied on lots and B.7S235925 RESOLUTION NO. 94-115 parceLs of property within the Assessment District was duly mailed, as shown by affidavits presented to the City Council, in the manner prescribed by law; and VV��REAS, the said notice which was ma�ed contained the information required by subdivision (c) of Section 2961 of the Streets and Highways Code; and WHEREAS, at its regular meeting on October 27, 1994 the City Council allowed public testimony regarding the proposed assessments as required by Section 54954.6 of the Government Code of the State of California; and WHEREAS, on November 10,1994, the hearing of protests to the acquisition of the public improvements described in the Resolution of Intention and the Report was duly held by the City Council and all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and the City Council gave all persons present an opportunity to be heard in respect of any matter relating to the acquisition of said improvements, to any act or determi.nation of the City Council in relation thereto, to any matter in oonnection with the Report or to the correctness of the assessment or diagram, or to any other matters relating to these proceedings; NOW, 'THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RFSOLVE as follows: Section 1. ComFliance with Special Assectmen� Investigation. Limitation and ; �jori Protest Act of 1931. The City Council 5nds, pursuant to Section 2961 of the � Streets and Highways Code of the State of California, that the total amount of the principal sum of all unpaid special assessments levied against the parcels proposed to be assessed, as computed pursuant to paragraph (1) of subdivision (b) of said Section 2961, plus the principal amount of the special assessment proposed to be levied in the instant proceedings, does not exceed one-half of the total true value of the parcels proposed to be assessed, as computed pursuant to paragraph (2) of subdivision (b) of said Section 2961. The City Council further finds that compliance has been had with the requirements of Division 4 of the Streeu and Highways Code of the State of California, the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, by following the alternative procedure provided by Part 7S (commencing with � 2960) of said Division 4. Section 3. Nec�. The City Council finds (i) that the public interest, convenience and necessity require the acquisition of the improvements referred to and described in the Resolution of Intention and the Report for the benefit of the lands within the exterior boundaries of the Assessment District, (u) that the project is feasible, and (iii) that the lands to be assessed therefor will be able to carry the burden of the proposed assessments and to pay the costs and expenses thereof. i 4. n fi . The City Council finds (i) that all the land included within the boundaries of the Assessment District vvhich is proposed to be assessed for the acquisition of said improvements as shown on the diagram thereof will be benefitted by said BJS235925 "2' IiESOLUTION NO. 94-115 imprwements, and (u) that the proposed assessment of the total amouat of the costs and expenses of the acquisition of said improvements upon the several parcels and subdivisions of land in the Assessment District which are to be assessed thenfor is in proportion to the benefits to be received by such parcels and subdivisions, re,spectively, from the improve- ments. Section 5. The (�ty Counca hereby confirms the assessment and the diagrdm of the A�ssessment District, as contained in the Report, and orders the aoquisition of the improvemeats. Section 6. Recordation of A_csescment �d Dia;;A� The City Qerk shall transmit said assessment and diagram to the Superintendent of Strcets who shall record them in a substantial book to be kept for tbat purpose in his offia; and the City Qerk shall also record a copy of the diagram and a notioe of assessme,nt in the form prescn'bed by Section 3114 of the Streets and Highways Code of the State of California in the office of the County Recorder of the County of Riverside. Section 7. Notice. The CSty Qerk shall ma� notia of the recording of the assessment to the owners of the property a�sesscd as provided in Sections 10404 and 5070 of said Code and shall aLSo give notioe of the reoording of the assessment by publiration in The Desert Sun as provided by said Section 10404. �ion g. Annual pcce�cment for Ad inictrativG O�L. Tbe City Counc� determines that the amouni of the annual assessment on each Iot or parcel of property within the Assessment District to pay for administrative costs of the City which result from the administration and collection of assessments or from the administration or registration of any associated bonds and the reserve or other related funds shall not eacxed 550.00 for any such lot or parceL PASSED, APPROVED AI�1D ADOPTED this lOth day of November, 1994 by the following vote: AYFrS: BENSON. KELLY, SNYDER, HiILSON, CRITES NOES: rtortE ABSENT: NorrE � . ABSTAINED: Nor� • � �� - . , ✓ � . � � BUFORD A. CRITES, MAYOR City of P.alm Desert, CaLfornia Sheila R. GL City of Palm BJS235925 '3'