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HomeMy WebLinkAboutCC RES 06-149RESOLUTION NO. 06-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA INITIATING PROCEEDINGS FOR THE FORMATION OF CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1 AND THE LEVY AND COLLECTION OF ANNUAL ASSESSMENTS RELATED THERETO COMMENCING WITH FISCAL YEAR 2007-08 AND ACCEPTING AND APPROVING AN ENGINEER'S REPORT IN CONNECTION THEREWITH Recitals: WHEREAS, the City Council pursuant to the provisions of the Benefit Assessment Act of 1982, Chapter 6.4 of the California Government Code, beginning with Section 54703 (the "1982 Act") desires to form an assessment district to be designated as the City of Palm Desert Benefit Assessment District No. 1 (the "District") to pay for the cost and expenses associated with the ongoing administration, operation, maintenance and servicing of an existing drainage basin and appurtenant facilities constructed in a portion of Section 29, Township 4 South, Range 6 East SBM in the City of Palm Desert, together with any future expansions, enlargements or improvements thereto, which drainage basin and appurtenant facilities will be owned by the City of Palm Desert and will serve certain of the properties to be developed in the development known as the Section 29 Development and properties in the existing development known as Monterey 170 (the "Drainage Basin"); and to levy and collect annual assessments against nonexempt properties in the District commencing with fiscal year 2007-08. The 1982 Act provides for the formation of such an assessment district pursuant to Article 3, Section 54710 et. seq., of the 1982 Act and provides for the levy and collection of assessments by the County on behalf of the City pursuant to Article 4, Section 54715 et. seq. of the 1982 Act; and WHEREAS, the City Council has retained MuniFinancial as the Engineer of Work for the purpose of assisting with the formation of the District and the establishment of annual assessments, and to prepare and file an Engineer's Report (the "Report") with the City Clerk in accordance with the 1982 Act and the requirements of Article XIIID of the California Constitution; and WHEREAS, there has now been presented to this City Council the Report as specified by Section 54716 of the 1982 Act and Article XIIID of the California Constitution; and WHEREAS, the City Council has carefully examined and reviewed the Report as presented, and is preliminarily satisfied with each and all of the budget items and documents as set forth therein, and is satisfied that the proposed assessments have been spread in accordance with the special benefits received from the administration, operation, maintenance and servicing to be performed within the District, as set forth in said Report; P6401/1033/881232v7 RESOLUTION NO. 06-149 NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1: The foregoing recitals are all true and correct and a substantive part of this Resolution. Section 2: The Report, as presented, consists of the following: a. A description of the services proposed to be financed through the annual levy and collection of the assessment within the District. b. A description of each lot or parcel of property proposed to be subject to the benefit assessment. c. A method of apportionment that details the method of calculating each parcel's proportional special benefits and annual assessment. d. The proposed Budget (Costs and Expenses) and the duration and collection of assessments. e. The District Roll containing the levy for each Assessor's Parcel Number within the District for fiscal year 2007-08. Section 3: The Report is hereby accepted and approved on a preliminary basis, and ordered to be filed in the office of the City Clerk and to remain open to public inspection. Section 4: The Maximum Assessment and Assessment Range Formula described in the Report are hereby approved on a preliminary basis, and shall be submitted to the property owners within the District for approval pursuant to the provisions of the Article XIIID of the California Constitution. Section 5: The proposed District services include the ongoing administration, operation, maintenance and servicing of the Drainage Basin. Such administration, operation, maintenance and servicing includes all materials, equipment, labor and incidental expenses deemed necessary to keep the Drainage Basin in satisfactory condition for the regulation and control of storm water runoff resulting from current and proposed development within the District, including, without limitation, inspection, cleaning, documenting, repair, removal, replacement, rehabilitation and servicing of facilities and equipment (including, but not limited to, anchormats, drainage basins, inlets, outlets catch basins, manholes, outlets, drywells, pumps, filters, storm drain pipes and associated off -site improvements and facilities); grading of access perimeter roads, repair of erosion of slopes to access roads, debris clearance, dust control through the application of soil stabilization agents, weed abatement, and mosquito and vector control. P6401 / 1033/881232v7 2 RESOLUTION NO. 06-149 Section 6: The proposed territory of the District consists of lots, parcels and subdivisions of land in the City of Palm Desert within the subdivision known as Monterey 170 and the proposed subdivision known as Section 29, which encompasses an area of land totaling approximately 538 acres. The proposed territory of the District is shown on Exhibit A, attached hereto. PASSED, APPROVED, AND ADOPTED THIS 16th DAY OF NOVEMBER 2006. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 06-149 was adopted by the City Council of said City of Palm Desert at a regular meeting of said City Council held on the 16th day of November 2006 by the following vote, to wit: AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE Attest: RRaeIIe D. Klassen, CityClerk P6401/1033/881232v7 3 RESOLUTION NO. 06-149 EXHIBIT A Territory included in proposed City of Palm Desert Benefit Assessment District No. 1 The parcels within the proposed District at the time of adoption of this Resolution are identified on the Riverside County Assessor's Secured Roll (as of June 2006) and the Assessor's Parcel Map as: Book 653, Pages 25, 26, 81, 82, 85, and 86; Book 653, Page 25, Parcels 012, 032, 034, 036, 038, 039, 042 through 046, 050, 051, 053 through 058, 060, and 073; and Book 653, all Parcels on Pages 26, 81, 82, 85, and 86. P6401/1033/881232v7