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HomeMy WebLinkAbout17348 - RESOLUTIONS - 12/5/1990 RESOLUTION NO. 17348 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIF'ORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGRTHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S "PEPORT" WHEREAS, the CITY COUNCIL of the CITY OF PALM SPRINGS, CALIFORNIA, has previously adopted its Resolution of Intention. and initiated proceedings for the construction of certain public works of .improvement, together with appurtenances and appurtenant work, Including acquisition where appropriate, in a specLal assessment district pursuant to the terms and provisions of the "Municipal Improvement Act of 191311, being Division 12 of the Streets and Highways code of the State of California, said special assessment district known and designated as ASSESSMENT DISTRIC7 NO. 159 yheteinafter referred to as the "Aesessmenl:. District" ) ; and, WHEREAS, pursuant to the provisions of said "Municipal Improvement Act of 1913" and Part 7.5 of Division 4 of the Streets and Highways Code, the "Special Assessment, Limitation and Majority Protest Act of 1931", a combined "Report" (hereinafter referred to as the "Report" ) , as authorized, has been provided, presented, considered and approved by this legislative body; and, ' WHEREAS, said "Report", as preliminarily approved, contained all the matters and items called for by law and as pursuant to the provisions of. the "MunLcipal Improve- munt. Act of 1913" and S(K t.lon 2961 of UaLd titre-'utn and Highways coiio of the Stat" of California, including the following: 1. Plans and specifications of the proposed improvements; 2. Estimate of cost; 3. Diagram of Assessment District; 4. An assessment according to benefits; 5. A description of the works of improvement; 6. Valuation information; and, WHEREAS, all protests have been heard and considered, and a full hearing has been given, all in the manner provided by .Law; and, WHEREAS, notices of said hearing were duly and regularly posted, mailed and " published in the time, form and manner required by law and as evidenced by affidavits on file with the transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and ' acquisition where appropriate, and thls legLnlatLve holy dial, after providing a full hearing, overru L6 and deny all protests and objections; .and, WHEREAS, this legislative body to now satisfied with the assessment and all matters contaLned in the "Report" as now updated and submitted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half of the area of property to be assessed for said .Improvements w Lthin said Assessment District. Res 17348 Page 2 BENEFITS RECEIVED SECTION 3. That it is hereby determined that: all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it 113 horoby NR➢ 1,11 t1r (10 erI11.111vd an'l dnc larval th,it all. ;luunnuobl(I coutn rnd expenses have been apportioned and uproad over tilt, propmrtien within the boundaries of thn An Eleneillont UintI,irt in direct proportion to the benefits received thereby. PUBLIC INTEREST AND CONVENIENCE SECTION 4. cThat the public interest and convenience require the proposed improve- menu to be mado, and therefore It, is hereby ordered that the work to be done and improvumenLu to bu made, Luyether wl.tdl appurtonancou and appurtenant work in connection therewith, including acquLsition where appropriate, in said Assessment District, as set forth in the Resolu- tion of Intention previously adopted and as set forth in the "Report" presented and considered, and as now submitted. ' cONwrRMATION OF ASSESSMENT SECTION 5. That the "Report", as now updated and submitted, consisting of the- assessment and diagram for the improvements, together with appurte- nances and appurtenant work in connection therewith, including acquisi- tlon where appropriate, in hereby confirmed. The assessments contained In the final Enyineer'u "Report" are hereby levied and approved as follows: A. The final assessments to represent the costs and expenses to finance the public works of improvement, as authorized for these proceedings. D. 'File annual aueesnment to pay for administrative costs In an amount. not to exceed the maximum annual assessment ae set forth In said "Report". The confirmed annual administrative assessment may be collected in the same manner and in the same installments as the confirmed assessments for the facilitleu, and may be rombl-nod with those Janensmentn for collection as conveinent. ASSESSMENT VALUATION SECTION 6. 'That this legislative body hereby Pinch and deternli.nes that the total amount of the principal sum of all unpaid special assessments proposed to be levied, as well as any outstanding special assessments, does not exceed 1/2 the total true value of the parcels proposed to be assessed under these proceedings, and this finding shall be final and conclusive. This legielat.Lve body furtlrer finds I host the pro)ect is lenslbl.� owl t.h'lt the 1A11,1n to bn rluenssed will bo .111)I.H to ('611V th(I hL1011-11 of tIW proposed anuenuulent, and it I❑ hul:u )y further duternlined, LL and yen applicable, that the limitations of the amounts of assessments provided for in Division 4 of the Streets and Highways Code of the State of. California be disregarded both with respect to the limitation on the Assessment District as a whole, and an to the IlonLtatiuli on Lldivldunl specific assessments, as applieubJe. RECORDATION OF ASSESSMENT < SPJCTION 7. That the City Clerk shall forthwith deliver to the Supel..intendent nl Streets the said assessment, together- with the diagram attached thereLu and made a part thereof, as confirmed, with his certificate of such Rags 17343 Page 3 confirmation attached and the date thereof; and that said Superinten- dent of Streets shall then immediately record said diagram and assess- meant in his Of.fl,ce ill n nuLtable book to be kept for that purponn anrd attach thereto his certificate of the date of Huth recording. COUNTY RECORDER NOTICE SECTION B. Upon confirmation of the assessments and recordation of the assessment roll and diagram, a certified copy of the assessment diagram shall be tnnned.iately filed in the: office of the County Recorder. Immediato I thereafter, a copy of the notice of assessment shall be recorded in the Office of the County Recorder in the manner and form as Bet forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. MAILED NOTICE SECTION 9. That said City Clerk, upon the recording of said diagram and assess- ment, shall mail to each owner of real property within the Assessment District at his last known address, as the same appears on the tax , rolls of the County or on file in the Office of the city Clerk, or to both addresses i, said address is not the same, or to General Delivery when no addrens so appears, a statement containing a de 1310[lilt ion by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that bOIhIB Will he issued on unpaid assessments pursuant to the "Improvement Bond Act of 1915" . PUBLICATION SECTION 10. That said City Cleric shall also give notice by ;publishing a, copy of a notice of recording of assessment in the newspaper previous Ly selected to publish all notices as !provided by law, giving notice that said assessment has been recorded) in the Office of the Superintendent of Streets, and that aLl sun'is assessed thereon, are clue and payable immediately, and that the payment of said Burls is to be made withbi thirty (30) days after the date of recording the assessment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. Ati SICSFMISNT COLLECTION SECTION 11. The County Auditor is hereby authOri Zed and directed, in accordance with' the provisions of Section 8682 of the Streets and Highways Code of the State of California, to enter into his assessment roll on which property taxes will next become clue, opposite each lot or parcel it land affected, in a space marked 'jmhl b, improvement ansemsm-nt " ur Icy other nuitahlo di!ui.gnaLLCn, t.ho nruxl. and ❑ovetaL Lnll.ul lmuuln ul Hoch a assessment coming due during the eueuing fiscal, year covered by the assessment roll and that said entry then shall be made each year during the life of the bonds for the proceedings for the above-referenced Assessment District. This authorization is continual until all assessment obligations have been discharged and the bonds terminated. As an alternate, and when determined to be in the best Lnl.erests for , bondholders of the Assessment District, this legislative body may, by Resolution, designate an official other than the County Tax Collector and/or other agent, to collect and maintain records of the collection of the assessments, including a procedure other than the normal property tax coLlection procedure. SECTION 12. In accordance with the provisions of Section 8685 of the Streets and Highways Code, if any lot or parcel of land affected by any assessment is not separately assessed on the tax roll so that the installment of the assessment to be Collected can he convenieutly entered thereon, Res 17348 Page 4 1 D then the Auditor shall enter on the roll a description of the lot or parcel affected, with the name of the owners, if known, but otherwise the owners may be described as "unknown owners", and extend the proper installment opposite the same. ASSESSMENT VERIFICATION STATEMENT SECTION 13. The County Auditor shall, within 90 days after any special assessment .inetallment becomes delinquent, render and submit a detailed report showing the amounts of the inatallmenta, interest, penalties and percentages so collected, for the preceding term and installment date, and from what property collected, and further identify any properties which are delinquent and the amount and length of time for said delinquency, and further set forth a statement of percentages retained for the expenses of making such collections. This request is specifically made to the authorization of Section 8683 of the Streets and Highways Code of the State of California. ASSESSMENT DISTRICT FUNDS SECTION lh. That the Treasurer is hereby authorized at this time, if not previously done, to establish the following funds as necessary for the payment of costs and expenses and administration of the proceedings for this Assessment District: A. IMPROVEMENT FUND: All monies received from cash collection, proceeds from the sale of bonds and applicable contributions shall be placed into the Improvement Fund. B. RESERVE FUND: All monies as designated to assist in the payment of delinquencies shall be placed into the Reserve Fund. C. REDEMPTION FUND: All monies received from the payment of assess- ments shall be placed in the Redemption Fund. For particulars as to the administration and handling of the Funds, the specific terms and conditions shall be set forth in the Bond Indenture and approved through the Resolution Authorizing the Issuance of Bonds. ADOPTED this 5th _ day of December 1990. AYES: Councilmembers Broich, Hodges, Murawski and Neel NOES: None AncENT: Mayor' Bono ATTEST: _ .. ` rz, CITY CLERK 4. CITY MANAGER REVIEWED & APPROVED: �i v