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Home My WebLink AboutCC RES 94-074� "� ' `"/ 9'�, 0 � ✓ REBOLIITIO� �TO. 94'�4 1188$88I�'1' DIBTRICT �i0. 94-1 (BI�iHOR�T) it880LDTI0�T OF TSE CITY COIINCIL Ol� T8E CITY Ol� PI►L1[ D88$RT CONFIRI�tING 7188$88M8�1T A'iD ORD$RIliG 7lCQIIIBITIOIi ]1�iD COIIiBTRIICTION OF Il[PROVffi�Ii1T8 W�IiEREAS, on April 14, 1994, the City Council (the "City Couricil") of the City of Palm Desert (the "City"), adopted Resolution No. 94-42, as amended by Resolution No. 94-57 adopted on May 25, 1994, the Resolution of Intention (the "Resolution of Intention") for Assessment District No. 94-1 (Biqhorn) (the "Assessment District"), declarinq the intention of the City Council, pursuant to the provisions of Division 12 of the Streets and HighwayB Code of the State of California, the Municipal Improvement Act of 1913, to order the acquisition and construction of certain public improvements described therein; and WHEREAS, on May 26, 1994, the City Council adopted Resolution No. 94-58 approvinq the report of the Assessment Enqineer for the Assessment District (the "Report"), setting 7:00 p.m. on July 14, 1994, and the meeting room of the City Council at 73-510 Fred Warinq Drive, Palm Desert, California, as the time and place for hearing protests to the proposed acquisition and construction of such improvements, and providing for notice of such hearing to be given by the City Clerk; and WHEREAS, on May 26, 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 June 23, 1994 and the meeting room of the City Council as the time and place of the public meetinq 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, amonq 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 investiqation and report under Division 4 of said Code, the Special Assessment Investiqation, 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 improvements which are determined, of the parcele of land and improvements which are proposed to be assessed; and BJS219274 � � WI�REAS, notice of the hearing of protests to the acquisition and conBtruction of such improvements and the public meetinq on the proposed assessmente to be levied on lots and parcele of property within the assessment DiBtrict was duly mailed, as Bhown by affidavitB presented to the City Council, in the manner prescribed by law; and W►HEREAS, the said notice whfch wae mailed contained the information required by eubdivision (c) of Section 2961 of the Streets and Hiqhways Code; and WHEREAS, at its reqular meetinq on June 23, 1994 the City Council allowed public testimony reqardinq the proposed assesBmente ae required by Section 54954.6 of the Govarnment Code of the State of California; and W►HEREAS, on July 14, 1994, the hearinq of protesta to the acquisition and construction of the public improvemente 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 prtsented and read, and all persons deBirinq to be heard thereon were heard, and the City Council qave all persons present an opportunity to be heard in respect of any matter relatinq to the acquisition and construction of eaid improvements, to any act or deternination of the City Council in relation thereto, to any matter in connection with the Report or to the correctness ot the asBessment or diaqram, or to any other matterB relatinq to theBe proceedinqs; NOw, THEREFORE, the City Council ot the City ot Palm Desert, California, DOES HEREBY RESOLVE as follows: Section 1. �om�liance with S�ecial Asseasment Imestiaa- tion. Limitation and Maioritv Protest Act of 1931. The City Council finds, pursuant to Section 2961 of the Streets and Highways Code of the State of Calffornia, 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 para- qraph (1) of subdivision (b) of said Section 2961, plus the principal amount ot the spscial assessment proposed to be levied in the instant proceedinqs, does not exceed one-half of the total true value of the parcels proposed to be assessed, as computed pursuant to paraqraph (2) of subdivision (b) of said Section 2961. The City Council lurther tinds that compliance has been had with the requirementB of Divieion 4 0! the Streets and Hiqhways Code of the state of Caliiornia, the Special AsaeBsment Inveatiqation, Limitation and Majority Protest Act of 1931, by followinq the alternative procedure provided by Part 7.5 (commencinq with § 2960) of eaid Division 4. Section 3. Necessitv. Tbe City Council finds (i) that the public interest, convenience and neceasity require the acquisition and construction of the improvements referred to and described in the Reeolution of Intention and the Report for the BJS219274 - 2 - � � � benefit of the lands within the exterior boundaries of the Assessment DiBtrict, (ii) 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 coets and expenses thereof. Section 4. Benefit. The City Council find� (i) that all the land included within the boundaries of the Assessment District which is proposed to be assessed for the acquisition and construc- tion of said improvements as shown on the diaqram thereof will be benefitted by said improvements, and (ii) that the proposed assessment of the total amount of the costs and expenses of the acquisition and construction of said improvements upon the several parcels and Bubdivisions of land in the Assessment District which are to be assessed therefor ie in proportion to the benefitc to be received by such parcels and subdivisions, respectively, from the improvements. Section 5. Confirmation of Assessment. The City Council hereby confirms the assessment and the diaqram of the Assessment District, as contained in the Report, and orders the acquisition and construction of the improvements. Section 6. Recordation of Assessment and Diaqram. The City Clerk ehall transmit said assessment and diaqram to the Superintendent of Streets who shall record them in a substantial book to be kept for that purpose in his office; and the City Clerk shall also record a copy of the diaqram and a notice of assessment in the form prescribed by Section 3114 of the Streets and Hiqhways Code of the State of California in the office of the County Recorder of the County of Riverside. Section 7. �Iotice. The City Clerk shall mail notice of the recordinq of the assessment to the ownera of the property assessed as provided in Sections 10404 and 5070 of said Code and shall also give notice of the reco'rdinq of the assessment by publication in The Desert Sun as provided by said Section 10404. Section 8. Annual Assessment for Administrative Costs. The City Council determines that the amount of the annual assess- ment on each lot 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 reqistration of any associated bonds and the reserve or other related funds shall not exceed $50.00 for any such lot or parcel. BJS219274 -3 - V1 � PASSED, APPROVED AND ADOPTSD this 14th day of July, 1994 by the followinq vote: AYES: BENSON, CRITES, KELLY NOES : B'I�ID�TDER, WILSON ABSENT: NONE ABSTAIN : NO� � r A�T',�T' / �//� , � Sheila R. G liqan, y Clerk �. � ::