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HomeMy WebLinkAboutCC RES 95-027RESOLUTION NO. 95-27 ASSESSMENT DISTRICT NO. 94-3 (MERANO) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CONFIRMING ASSESSMENT AND ORDER- ING ACQUISITION AND CONSTRUCTION OF IMPROVE- MENTS WHEREAS, on February 9, 1995, the City Council (the "City Council") of the City of Palm Desert (the "City"), adopted Resolution No. 95-6, the Resolution of Intention (the "Resolution of Intention") for Assessment District No. 94-3 (Merano) (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 and construction of certain public improvements described therein; and WHEREAS, on February 9, 1995, the City Council adopted Resolution No. 95-9 approving the report of the Assessment Engineer for the Assessment District (the "Report"), setting 7:00 p.m. on April 13, 1995, 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 and construction of such improvements, and providing for notice of such hearing to be given by the City Clerk; and WHEREAS, on February 9, 1995, 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 March 23, 1995, 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 improvements which are determined, of the parcels of land and improvements which are proposed to be assessed; and BJS258645 RESOLUTION NO. 95-27 WHEREAS, notice of the hearing of protests to the acquisition and construction of such improvements and the public meeting on the proposed assessments to be levied on lots and 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 WHEREAS, the said notice which was mailed contained the information required by subdivision (c) of Section 2961 of the Streets and Highways Code; and WHEREAS, at its regular meeting on March 23, 1995, the City Council was prepared to allow public testimony regarding the proposed assessments as required by Section 54954.6 of the Government Code of the State of California; and WHEREAS, on April 13, 1995,. the hearing of protests to the acquisition and construction 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 and construction of said improvements, to any act or determination of the City Council in relation thereto, to any matter in connection 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 RESOLVE as follows: Section 1. Compliance with Special Assessment Investigation. Limitation and Majority Protest Act of 1931. The City Council finds, 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 Streets 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 7.5 (commencing with § 2960) of said Division 4. Section 3. necessity. The City Council finds (i) that the public interest, convenience and necessity require the acquisition and construction 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, (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 costs and expenses thereof. BJS258645 -2- RESOLUTION NO. 95-: 13.1S258645 Section 4. 13enefit. The City Council finds (i) that all the land included within the boundaries of the Assessment District which is proposed to be assessed for the acquisition and construction of said improvements as shown on the diagram 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 subdivisions of land in the Assessment District which are to be assessed therefor is in proportion to the benefits 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 diagram of the Assessment District, as contained in the Report, and orders the acquisition and construction of the improvements. Section 6. Recordation of Assessment and Diagram. The City Clerk shall transmit said assessment and diagram 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 diagram and a notice of assessment in the form prescribed 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 City Clerk shall mail notice of the recording of the assessment to the owners of the property assessed as provided in Sections 10404 and 5070 of said Code and shall also give notice of the recording 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 assessment 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 registration of any associated bonds and the reserve or other related funds shall not exceed $50.00 for any such lot or parcel. -3- RESOLUTION NO. 95-: PASSED, APPROVED AND ADOPTED this 13th day of April, 1995, by the following vote: AYES: Kelly, Spiegel, Crites NOES: None ABSENT: Benson, Snyder ABSTAINED: None ATTEST: mo, // L>, l /eZ Sheila R. gan, Ci i erk City of Palm Desert, ornia Bufor a A. Cri Mayor City of Pal 0 esert, Cahforni BJS258645 -4-