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HomeMy WebLinkAboutCC RES 2011-56RESOLUTION NO. 2011- 56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING THE ANNUAL ENGINEER'S REPORT AND ORDERING THE LEVY AND COLLECTION OF ASSESSMENTS WITHIN THE CITY OF PALM DESERT DRAINAGE BASIN MAINTENANCE BENEFIT ASSESSMENT DISTRICT NO. 1, FOR FISCAL YEAR 2011/2012, PURSUANT TO THE PROVISIONS OF THE BENEFIT ASSESSMENT ACT OF 1982 RECITALS WHEREAS, The City Council of the City of Palm Desert (hereafter referred to as the "City Council") has, by previous Resolutions declared its intention to levy assessments for the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No.1 (hereinafter referred to as the "District"); and WHEREAS, The Engineer selected by the City Council has prepared and filed with the City Clerk, and the City Clerk has presented to the City Council an Engineer's Annual Levy Report (hereafter referred to as the "Engineer's Report") that describes the assessments against the parcels of land within the Assessment District for the fiscal year commencing July 1, 2011, and ending June 30, 2012, to pay for the maintenance, operation and servicing of improvements and facilities related thereto; and WHEREAS, the City Council has carefully examined and reviewed the Engineer's Report as presented, and is satisfied with the items and documents as set forth therein, and finds that the levy of assessments has .been spread in accordance with the special benefits received from the improvements, operation, maintenance and services to be performed, as set forth in said the Engineer's Report; WHEREAS, The City Council and its legal counsel have reviewed Proposition 218 and found that these assessments comply with applicable provisions of Article XIIID of the Califomia State Constitution; and WHEREAS, The City Council desires to levy and collect assessments against parcels of land within Assessment District for the Fiscal Year commencing July 1, 2011 and ending June 30, 2012, to pay the costs and expenses of operating, maintaining and servicing the improvements and appurtenant facilities located within the District. NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL FOR THE DISTRICT, AS FOLLOWS: Section 1 Following notice duly given, the City Council has held a full and fair Public Hearing regarding the District, the levy and collection of assessments, the Engineer's Report prepared in connection therewith, and considered any oral and RESOLUTION NO. 2011- 56 written statements, protests and communications made or filed by interested persons regarding these matters. Section 2 The City Council finds the record owners of property within the District previously approved the continued levy and collections of assessments through property owner balloting proceedings, and that the proposed assessment for Fiscal Year 2011/2012 is consistent with the assessment so approved. Section 3 Based upon the Engineer's Report, which is here by approved and is ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection, the City Council hereby finds and determines that: A. The land and eligible parcels within the boundaries of the District will receive a particular and distinct benefit over and above general benefits conferred on real property located in the District or to the public at large form the operation, maintenance and servicing of the improvements and appurtenant facilities identified in the Engineer's Report (hereinafter referred to as "Special benefit"); and, B. The District includes the lands and parcels receiving such Special Benefit; and C. The net amount to be assessed upon the lands within the District is in accordance and apportioned by a formula and method which fairly distributes the net amount among eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services for the fiscal year commencing July 1, 2011 and ending June 30, 2012. Section 4 The Engineer's Report and assessment as presented to the City Council and on file in the office of the City Clerk comply with the applicable provisions of the Califomia State Constitution Article XIIID and are hereby confirmed as filed. Section 5 The maintenance, operation and servicing of the improvements shall be performed pursuant to the provisions of the Benefit Assessment Act of 1982, Title 5, Division 2, Part 1, Chapter 6.4 of the Govemment Code of the State of Califomia Commencing with section 54703 (hereafter referred to as the "Act"). The City Council hereby orders the proposed improvements to be made, which improvements are briefly described as the operation, maintenance, servicing and administration of the improvements, and incidental expenses related thereto for the District located within the boundary of the City of Palm Desert, and the jurisdiction of the City Council. A more detailed description of the improvements is contained within the Report, but the improvements and facilities can be classified within the following general categories: Page 2 RESOLUTION NO. 2011- 56 • Installation, construction or maintenance of any authorized improvements under Act, including, but not limited to, drainage improvements and any facilities which are appurtenant to any of the aforementioned or which are necessary or convenient for the maintenance or servicing thereof. Section 6 The County Auditor of Riverside County shall enter on the County Assessment Roll opposite each eligible parcel of land the amount of levy, and such levies shall be collected at the same time and in the same manner as the County taxes are collected, pursuant to the provisions provided in the Act. After collection by the County, the net amount of the levy shall be paid to the Treasurer of the City of Palm Desert. Section 7 The City Treasurer shall deposit all money representing assessments collected by the County for the District to the credit of a fund for the City of Palm Desert Drainage Basin Maintenance Benefit Assessment District No.1, a and such money shall be expended only for the maintenance, operation and servicing of the improvements as described in section 5. Section 8 The adoption of this Resolution constitutes the District levy for the fiscal year commencing July 1, 2011, and ending June 30, 2012. Section 9 The City Clerk, or their designate, is hereby authorized and directed to file the levy with the County Auditor upon adoption of this Resolution. Section 10 A copy of the levy shall be filed in the office of the City Clerk and open for public inspection. PASSED, APPROVED, AND ADOPTED THIS 23rd DAY OF June 2011. AYES: FINERTY, HARNIR, KROONEN, SPIEGEL, and BENSON NOES: NONE ABSENT: NONE ABSTAINED: NONE ATTEST: R CH LLE D. ICASSEN, CITY CL K CITY OF PALM DESERT, CALIFORNIA ff../ JEAN M. BENSONrMAY Page 3