HomeMy WebLinkAboutCC RES 98-100•--
RESOLUTION NO. 98-100
A RESOLUTION OF TAE CITY COUNCIL OF THE CITY OF PALM DESERT
� ORDERING CHANGES IN CONNECTION WITH ASSESSMENT DISTRICT NO.
98-1 (THE CANYONS AT BIGHORN)
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY
FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council, by its Resolution No. 98-
82 (the "Resolution of Intention"), declared its intention to
order the improvements for proposed Assessment District No. 98-1
(The Canyons at Bighorn) (the "Assessment District") pursuant to
the provisions of the Municipal Improvement Act of 1913
(California Streets and Highways Code Section 10000, � sea.)
(the "1913 Act") and as provided in Article XIIID of the
California Constitution, and ordered the Assessment Engineer,
MBIA MuniFinancial, to prepare and file a report (the "Engineer's
Report") with the City Clerk in accordance with Section 10204 of
the 1913 Act and Section 4 of Article XIIID of the California
Constitution.
Section 2. The City Council, by its Resolution No. 98-
,�„ 83, preliminarily approved the Engineer's Report entitled
"Preliminary Engineer's Report, Assessment District No. 98-1 (The
Canyons at Bighorn), City of Palm Desert," which Engineer's
�► Report is on file in the office of the City Clerk.
Section 3. On August 27, 1998, following notice duly
given in accordance with law, the City Council held a full and
fair public hearing on the Resolution of Intention and the
Engineer's Report and regarding protests and objections thereto
and to the proposed improvements in connection with the
Assessment District. At such public hearing, the Engineer
presented to the City Council certain proposed modifications to
the Engineer's Report. By its Resolution No. 98-99, the City
Council ordered such modifications to the Engineer's Report to be
made, approved the Engineer's Report as so modified (the
"Engineer's Report, as modified"), confirmed the proposed
assessments and ordered the proposed improvements set forth in
the Engineer's Report, as modified, to be made.
Section 4. Following the adoption of Resolution No.
98-99, all of the owners of certain parcels within the Assessment
District submitted a written request to the City, which request
is on file with the City Clerk, requesting that the assessments
for the Assessment District against such parcels be increased by
�.., amounts sufficient to pay in full all amounts necessary to
eliminate the fixed special assessment liens securing the portion
of the assessments previously imposed on such parcels pursuant to
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the City's Resolution No. 94-74, adopted on July 14, 1994, which
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RESOLIITION NO. 98-100
was levied to finance the acquisition and construction of Series
B Improvements described in the engineer's report approved for
Assessment District No. 94-1 (Bighorn) pursuant to the City's
Resolution No. 94-58, adopted on May 26, 1994.
�ection 5. At this meeting, the Assessment Engineer
presented to the City Council changes to the Engineer's Report,
as modified, which changes increase the amount of the assessments
against certain parcels within the Assessment District by amounts
sufficient to pay in full all amounts necessary to eliminate the
fixed special assessment liens securing the portion of the
assessments previously imposed on such parcels pursuant to the
City's Resolution No. 94-74, adopted on July 14, 1994, which was
levied to finance the acquisition and construction of Series B
Improvements described in the engineer's report approved for
Assessment District No. 94-1 (Bighorn) pursuant to the City's
Resolution No. 94-58, adopted on May 26, 1994. Such changes
result in no increase in the amount of the assessment against any
other parcels within the Assessment District.
Section 6. Based upon its review of the Engineer's
Report, as modified and changed, and other reports and
information presented to it, the City Council hereby finds and
determines that (i) the lands within the Assessment District will
be specially benefitted by the improvements described in the
Engineer's Report, as modified, (ii) the Assessment District
includes all of the lands so benefitted, (iii) the assessment of
the total amount of the cost and expenses of such improvements
upon the several subdivisions of land in the Assessment District
is in proportion to the estimated special benefits to be received
by such subdivisions, respectively, from such improvements and
(iv) only special benefits are assessed and no assessment is
imposed on any subdivision of land which exceeds the reasonable
cost of the proportional special benefit conferred on that
subdivision.
Section 7. The proposed assessment for the cost of the
improvements provided for in subdivisions (d) and (e) of Section
10204 of the 1913 Act, as set forth in the Engineer's Report, as
modified and changed, are hereby confirmed.
Section 8.
improvements set forth
changed, to be made.
The City Council hereby orders the proposed
in the Engineer's Report, as modified and
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RESOLUTION NO. 98-100
Section 9. The City Council declares that the
Engineer's Report, as modified and changed, is hereby finally
``"' approved .
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PASSED, APPROVED and ADOPTED this 27th day of August,
AYES: CRITES, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
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