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HomeMy WebLinkAboutCC RES 07-03ARESOLUTION NO. 07- 3A A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT ORDERING MODIFICATIONS TO THE ENGINEER'S REPORT IN CONNECTION WITH THE CITY OF PALM DESERT BENEFIT ASSESSMENT DISTRICT NO. 1, APPROVING THE ENGINEER'S REPORT AS SO MODIFIED, ORDERING FORMATION OF SUCH DISTRICT AND CONFIRMING A MAXIMUM ASSESSMENT IN CONNECTION THEREWITH THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES, AND ORDERS AS FOLLOWS: Section 1. Pursuant to the provisions of the Benefit Assessment Act of 1982, commencing with Section 54703 of the California Government Code (the "Act"), the City Council of the City of Palm Desert (the "City"), by resolution, proposed 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 an annual assessment 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 (the "Services") 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, together with any future expansions, enlargements or improvements thereto, which drainage basin and appurtenant facilities will be owned by the City 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. Section 2. As required by Section 54716 of the Act, the City Council has caused a written report, entitled "City of Palm Desert Engineer's Report for the Formation of Benefit Assessment District No. 1, Parcel Map No. 24255 (Monterey 170) / Assessment District 2004-2 (Section 29) Fiscal Year 2007-2008," to be prepared by the Assessment Engineer, MuniFinancial (the "Engineer's Report"). The City Council, by its resolution entitled "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" preliminarily approved the Engineer's Report and the Engineer's Report is on file in the office of the City Clerk and available for public inspection. Section 3. In the time and manner required by Article XIIID of the California Constitution and Section 53753 of the California Government Code, the City Clerk caused to be mailed to the record owner of each assessable parcel in the District an assessment ballot on which to indicate the owner's support for or opposition to the proposed assessment. P640 -1033 937825v5.doc RES. NO. 07-3A Section 4. On January 11, 2007, following notice duly given in accordance with law, the City Council opened a public hearing and continued such hearing until January 25, 2007, and on such dates the City Council held a full and fair public hearing regarding the Engineer's Report and the imposition of the proposed assessment. At such public hearing, the Assessment Engineer presented to the City Council certain proposed modifications to the Engineer's Report. Such modifications result in no increase in the total amount of the assessment and no increase in the amount of the assessment against any individual parcel within the District. The City Council hereby orders such modifications to the Engineer's Report to be made. A copy of the Engineer's Report as modified shall be on file in the office of the City Clerk and open for public inspection. Section 5. As set forth in the Engineer's Report, as modified, the proposed annual assessment for any fiscal year (the "Annual Assessment") is an amount that is Tess than or equal to the maximum assessment for that fiscal year (the "Maximum Assessment"). The proposed Fiscal Year 2007-08 Maximum Assessment against a parcel was determined by apportioning the total maximum costs of the Services for Fiscal Year 2007-08 among the assessable parcels in the District based on the special benefit received by each parcel. The Maximum Assessment is the product of the maximum assessment rate (the "Maximum Assessment Rate") times each parcel's proportional special benefit. Each fiscal year, commencing Fiscal Year 2008-09, the Maximum Assessment Rate will automatically increase for inflation. The annual inflationary adjustment will not cause the Maximum Assessment Rate for any fiscal year to increase above the prior year's Maximum Assessment Rate by more than the greater of three percent (3%) or the annual percentage change in the Consumer Price Index of All Urban Consumers, for the Los Angeles -Orange -Riverside Area. Reference is made to the Engineer's Report, as modified, for a more complete description of the proposed District, Services, Maximum Assessment Rate, Maximum Assessment, Fiscal Year 2007-09 Maximum Assessment and Annual Assessment. Section 6. All interested persons were afforded the opportunity to hear and be heard regarding protests and objections to the formation of the District and the levy and collection of the proposed Annual Assessment. The City Council considered all oral and written statements, protests and communications made or filed by interested persons. Pursuant to Article XIIID of the California Constitution and Section 53753 of the California Government Code, at the conclusion of the input portion of the public hearing, the City Clerk caused to be tabulated those assessment ballots submitted and not withdrawn prior to the conclusion of the public input portion of the public hearing. In tabulating the assessment ballots, each ballot was weighted according to the amount of the proposed Fiscal Year 2007-08 Maximum Assessment against the parcel. The City Council hereby finds that a majority protest does not exist as defined in Section 4(e) of Article XIIID of the California Constitution. All protests and objections to the formation of the District and the levy and collection of the proposed Annual Assessment are hereby overruled by the City Council. Section 7. Based upon its review of the Engineer's Report, as modified, and other reports and information, the City Council hereby finds and determines that (i) the P64()1-IH3 3 937s'5doc RES. NO. 07-3A land within the proposed District will be specially benefited by the proposed Services, (ii) the proposed District includes all of the lands so benefited, (iii) the amount to be assessed for Fiscal Year 2007-08 upon the lands within the proposed District in accordance with the Engineer's Report, as modified, is apportioned by a formula and method which fairly distributes the amount among all assessable lots or parcels in proportion to the estimated special benefits to be received by each such lot or parcel from the Services, and (iv) only special benefits are assessed and no assessment is imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel. Section 8. The City Council hereby declares that the Engineer's Report, as modified, as a whole and each part thereof, is hereby finally approved and confirmed. Section 9. The City Council hereby orders formation of the District and the exterior boundaries thereof are as shown by a diagram in the Engineer's Report, as modified, and such diagram of the District is incorporated herein by this reference. Section 10. The City Council hereby confirms the Maximum Assessment, which includes an annual inflationary adjustment to the Maximum Assessment Rate, as more fully described in the Engineer's Report, as modified,. Each annual aggregate amount of the approved Annual Assessment for each fiscal year shall not exceed the estimated annual cost of providing the Services for such fiscal year. The revenue derived from the Annual Assessment shall not be used to pay the cost of any service other than the Services. The City Council shall annually determine the cost of these Services and, by resolution, determine the amount of the Annual Assessment. Section 11. Each Annual Assessment shall be collected in the same manner, and be subject to the same penalties and priority of lien as, other charges and taxes fixed and collected by, or on behalf of the City, except that if, for the first year the Annual Assessment is levied the real property on which the Annual Assessment is levied has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of county taxes would become delinquent, the confirmed Annual Assessment shall not result in a lien against the real property but shall be transferred to the unsecured roll. Section 12. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, to execute and deliver any and all documents which they may deed necessary or advisable in order to effectuate the purposes of this Resolution and any actions previously taken by such officers are hereby ratified and confirmed. P6401-1033 937Z.;15‘ 5 doc RES. NO. 07-3A RESOLUTION NO. 07- 3A PASSED, APPROVED, AND ADOPTED THIS 25th DAY OF JANUARY 2007. 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. 07- 3A was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 25th day of January 2007 by the following vote, to wit: AYES: BENSON, FERGUSON, FINERTY, SPIEGEL, and KELLY NOES: NONE ABSENT: NONE ABSTAIN: NONE and S. Kelly ayor Rachelle . Klassen City Clerk City of Palm Desert 4 I'04.l1l-Ill33;937S15 5.dOC