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HomeMy WebLinkAboutCC RES 2010-84RESOLUTION NO. 2010-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT CONFIRMING AN AMENDED ASSESSMENT FOR A PARCEL OF LAND IN THE CITY OF PALM DESERT SECTION 29 ASSESSMENT DISTRICT (NO. 2004-02) RECITALS: WHEREAS, the City Council, by its Resolution No. 06-151 adopted on November 16, 2006, (i) declared its intention to order acquisitions and improvements for proposed City of Palm Desert Section 29 Assessment District (No. 2004-02) (the "Assessment District") pursuant to the provisions of the Municipal Improvement Act of 1913 (California Streets and Highways Code Section 10000, et seq.) (the "1913 Act") and as provided in Article XIIID of the California Constitution and to comply with the requirements of Division 4 of the California Streets and Highways Code by proceeding under Part 7.5 thereof, (ii) ordered the assessment engineer 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 and containing the information required by Section 2961 of the California Streets and Highways Code, and (iii) provided for the issuance of improvement bonds, in one or more series in the manner provided in Division 10 of the California Streets and Highways Code, commencing with Section 8500 (the "1915 Act"); WHEREAS, the City Council, by its Resolution No. 06-152 adopted on November 16, 2006, preliminarily approved the Engineer's Report; WHEREAS, the City Council, by its Resolution No. 07-4B (the "Resolution of Formation") adopted on January 25, 2007, formed the Assessment District and finally approved the Engineer's Report; WHEREAS, on February 15, 2007 the City Clerk caused to be recorded an assessment diagram for the Assessment District in the Official Records of the County Recorder of the County of Riverside in Book 70 of Maps of Assessment and Community Facilities Districts at Pages 10-11 as Document No. 2007-0107967 and caused to be recorded a notice of assessment for the Assessment District in the Office of the County Recorder of the County of Riverside, as Document No. 2007-0107968; WHEREAS, as provided in the Resolution of Formation and the Engineer's Report, the City levied an assessment (the "Original Assessment") against a parcel identified as Assessor's Parcel No. 653-250-056 and assigned to such parcel Assessment ID Number 1 in the Engineer's Report (the "Original Parcel"); WHEREAS, on April 12, 2007, the City Council issued its Section 29 Assessment District (No. 2004-02) Limited Obligation Improvement Bonds, Series 2007 in the original aggregate principal amount of $29,430,000, pursuant to the 1915 Act; -1- RESOLUTION NO. 2010-84 WHEREAS, on November 28, 2007, the final map for Tract No. 34179 was recorded in the Official Records of the County Recorder of the County of Riverside in Book 427 of Maps at Pages 45-53 as Document No. 2007-0716573, which reflects the subdivision, for condominium purposes, of the Original Parcel and further, a condominium plan was recorded as Document No. 2007-0716575, in the Official Records of the County Recorder of the County of Riverside to further subdivide the Original Parcel into condominiums and common area Tots; WHEREAS, the City Council, by its Resolution No. 2010-80 adopted on October 28, 2010, and pursuant to Part 10 of the 1915 Act, ordered the Superintendent of Streets to cause to be prepared a report (the "Apportionment Report") for an amended assessment (the "Amended Assessment"), segregating and apportioning the unpaid installments of the Original Assessment in accordance with the benefits to the several parts of the Original Parcel, plus costs and fees of making the apportionment and to file with the City Clerk the Apportionment Report, the Amended Assessment and a map or plat showing how the Original Parcel has been divided, entitled "Amended Assessment Diagram Amending Assessment No. 1, City of Palm Desert Assessment District No. 2004-02, State of California" (the "Amended Assessment Diagram"); WHEREAS, the Apportionment Repot for the Amended Assessment is on file in the office of the City Clerk and available for public inspection; and WHEREAS, on November 18, 2010, following notice duly given in accordance with law, the City Council held a full and fair public hearing on the Amended Assessment at which hearing all persons interested in the Original Assessment, or in the lands affected thereby or in the bonds secured thereby, were afforded the opportunity to appear and protest against the Amended Assessment; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OF PALM DESERT, CALIFORNIA, AS FOLLOWS: Section 1. The City Council hereby finds and determines that the Apportionment Report segregates and apportions the unpaid installments of the Original Assessment in accordance with the benefits to the several parts of the Original Parcel. Section 2. The City Council declares that the Apportionment Report and the Amended Assessment are hereby finally approved and confirmed. Section 3. The City Clerk is hereby directed to file the Amended Assessment with the Finance Director of the City. Section 4. The Finance Director shall annually enter upon the assessment roll the installments becoming due on each component part of the Original Parcel opposite a description of the respective parcels so assessed. The amount charged for fees and costs as shown on the Amended Assessment as to each parcel shall be entered upon the assessment roll and shall be collected along with the first installment of the Amended Assessment. The Superintendent of Streets shall deposit all such costs and fees in the general fund. -2- RESOLUTION NO. 2010-84 Section 5. The City Clerk is hereby directed to transmit a copy of the Amended Assessment and the Amended Assessment Diagram to the Auditor of the County of Riverside. Section 6. The City Clerk is hereby directed to cause to be recorded in the office of the County Recorder of the County of Riverside the Amended Assessment Diagram. Section 7. 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 deem necessary or advisable in order to effectuate the purposes of this Resolution and the documents referenced herein, and any actions previously taken by such officers are hereby ratified and confirmed. PASSED, APPROVED, AND ADOPTED THIS 18th DAY OF NOVEMBER, 2010 by the following votes, to wit: AYES: NOES: ABSENT: BENSON, RROONEN, SPIEGEL, and FINERTY NONE FERGUSON ABSTAINED: NONE ATTEST: A HHEELLLE D. KLSEN CITY CLERK-) CITY OF PALM DESERT, CALIFORNIA _ INDY FINERTY, MAYOR -3-