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HomeMy WebLinkAboutCC RES 06-150RESOLUTION NO. 06-150 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DECLARING ITS INTENTION TO FORM THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1, TO LEVY AND COLLECT ANNUAL ASSESSMENTS WITHIN SUCH DISTRICT COMMENCING IN FISCAL YEAR 2007-08, TO CONDUCT A PROPERTY OWNER BALLOTING ON THE MATTER OF THE PROPOSED ASSESSMENTS CONNECTED THEREWITH AND TO APPOINT A TIME AND PLACE FOR THE PUBLIC HEARING ON THESE MATTERS 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") did, by previous resolution, initiate proceedings for the formation of an assessment district designated as the "City of Palm Desert Benefit Assessment District No. 1" (the "District") and the levy and collection of annual assessments against nonexempt properties in the District commencing with fiscal year 2007-08 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 WHEREAS, MuniFinancial, the Engineer of Work selected by the City Council has prepared and filed with the City Clerk a report in connection with the proposed District, and the levy of assessments against properties in the District commencing with fiscal year 2007-08 (commencing July 1, 2007 and ending June 30, 2008) in accordance with Article XIIID of the California Constitution and Chapter 1, Article 4 of the 1982 Act (the Report"), and the City Council did, by previous resolution, preliminarily approve such Report; 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 true and correct and a substantive part of this Resolution. P6401/I033/881228v6 RESOLUTION NO. 06-150 Section 2: The City Council finds that the public interest, necessity and convenience require, and hereby declares its intention pursuant to the 1982 Act to form the District and to levy and collect annual special benefit assessments against properties within the District to pay for the costs and expenses associated with the ongoing administration, operation, maintenance, and servicing of the Drainage Basin. Section 3: 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 (the "Services"). The Report, as preliminarily approved by previous resolution, provides a full and complete description of the proposed Services within the District and reference is hereby made to the Report for a full and complete description of the Services. Section 4: 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. Reference is also made to the Report for a description of the proposed territory of the District. Section 5: An assessment ballot proceeding is hereby called on the matter of authorizing the levy of the annual assessments against the properties within the District pursuant to Article XIIID of the California Constitution. The assessment ballot proceeding for the District on the matter of authorizing the levy of the annual assessments, shall consist of an assessment ballot for each parcel within the District, together with a notice, distributed by mail, to each record owner within the proposed District. P6401/1033/881228v6 2 RESOLUTION NO. 06-150 Assessment ballots may be returned by mail or in person to the City Clerk not later than the conclusion of the public input portion of the public hearing on the matter. Section 6: NOTICE IS HEREBY GIVEN that the City Council appoints January 11, 2007, at 4:00 p.m., in the City Council Chambers, 73-510 Fred Waring Drive, Palm Desert, California as the time, date and place for a public hearing on the Report and the imposition of the proposed assessments described herein (the "Public Hearing"). At the conclusion of the public input portion of the Public Hearing, the City Clerk, or an impartial person designated by the City Clerk, shall tabulate the assessment ballots to determine if a majority protest exists. A majority protest shall exist if assessment ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the proposed assessment, with each ballot weighted by the amount of the proportional financial obligation of the parcel covered by the ballot. At the Public Hearing, all interested persons shall be permitted to present written and/or oral testimony. Section 7: The proposed assessments for the District are provided in the Report. The Report details the proposed assessments necessary to provide for the Service described in Section 3 of this Resolution. Section 8: In accordance with Section 53753 of the California Government Code and Article XIIID, Section 4 of the California Constitution, the City Clerk is hereby authorized and directed to give notice of the time, date and place of the Public Hearing described in Section 6 hereof by causing a notice of the Public Hearing and an assessment ballot to be mailed by first class mail to the record owners of the parcels in the proposed District not less than 45 days before the date of the Public Hearing. Section 9: The City Council hereby approves the Procedures for the Completion, Return and Tabulation of Assessment Ballots presented to the City Council at this meeting and now on file in the office of the City Clerk and open to public inspection. Section 10: The City Council hereby designates Paul S. Gibson, Director of Finance/City Treasurer to answer inquiries regarding the proposed District and assessments. P6401/1033/881228v6 3 RESOLUTION NO. 06-150 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. 06-150 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 Jim Attest: Rachelle D. Klassen, Gity Clerk City of Palm Desert, California P6401/1033/881228v6 4 ayor RESOLUTION NO. 06-150 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. P6401/1033/881228v6