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HomeMy WebLinkAbout21128 - RESOLUTIONS - 11/3/2004 RESOLUTION NO. 21128 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT, LEVYING ASSESSMENTS, ORDERING IMPROVEMENTS, AND AUTHORIZING AND DIRECTING RELATED ACTIONS FOR ASSESSMENT DISTRICT NO. 162 (THE VILLAS IN OLD PALM SPRINGS AND 48 @ BARISTO) WHEREAS, this City Council of the City of Palm Springs (the "Council" and "City") adopted its Resolution of Intention No. 21058 (the; "Resolution of Intention"), on July 21, 2004, for the acquisition and/or construction of certain public improvements in a special assessment district designated as Assessment District No. 162 (The Villas in Old Palm Springs and 48 @ Baristo), hereinafter referred to as the "District"; and WHEREAS, this Council has approved boundary map and adopted the boundaries shown on such map as describing the extent of the territory included in the District; and WHEREAS, pursuant to the Resolution of Intention, an Engineer's Report, as therein provided, was presented, considered and approved; and WHEREAS, prior to the public hearing set for October 6, 2004, the Engineer of Work filed with the City Clerk a Final Engineer's Report (the "Engineer's Report") which , revised the costs and expenses of the work, improvement, proceedings and financing, and revised the assessment roll without increasing the amount of any proposed assessment; and WHEREAS, the Engineer's Report of Albert A. Webb & Associates, as preliminarily approved and now presented in final form .and on file with the City Clerk does contain all the matters and items called for by law pursuant to the provisions of the Municipal Improvement Act of 1913 (the "Act"), being (Division 12 (commencing with Section 10000) of the Streets and Highways Code of the: State of California and Article XIII D of the California Constitution, including the following: 1. A general description of the public improvements to be included in the District; 2. Plans and specifications of the proposed improvements; 3. Estimate of cost; 4. Diagram of the District; 5. An assessment for the improvements according to benefits; and 6. A provision for maximum annual assessments for administration of the District; and WHEREAS, the Council fixed 7:00 p.m., or as soon thereafter as the matter may be heard, on Wednesday, October 6, 2004 at the Council Chambers, 3200 East Resolution No. 21128 Page 2 Tahquitz Canyon Way, Palm Springs, California 92262 as the place, date and time for a public hearing on the proposed improvements; and WHEREAS, notices of said public hearing were duly and regularly posted and mailed or waived in the time, form and manner required by law; and WHEREAS, assessment ballots have been received and all protests have been heard and considered, and a full hearing has been given, all in the manner provided by law; and WHEREAS, a majority of the assessment ballots, weighted by value of assessment, have been submitted in favor of the proposed assessment and the owners of more than one-half (1/2) of the area being assessed for the cost of the proposed improvements did not file written protests against the proposed improvements, and the Council did, after providing a full hearing and, to the extent such were received, overrule and deny all protests and objections; and WHEREAS, the Council is now satisfied with the assessment and all matters contained in the Engineer's Report as now submitted. NOW THEREFORE BE IT RESOLVED, as follows: Section 1. The above recitals are all true and correct. Section 2. The Council hereby overrules each of the protests submitted, whether written or oral, being satisfied, based upon all of the information known to the Council and presented in the record of these proceedings, that the recommendations set forth in the Engineer's Report are in conformity with legal standards and requirements and that the recommended assessment has been established in a fair and equitable manner reflecting the estimated benefit to the respective parcels in proportion to such estimated benefits. Section 3. The Engineer's Report, including the assessment and diagram for the improvements, together with appurtenances and appurtenant work in connection therewith, is hereby approved and the assessment contained therein is hereby confirmed as filed. The total assessment to be levied therein is $1,300,000. Section 4. The public interest and convenience require the proposed improvements to be completed, and therefore it is hereby ordered that the work be done and the improvements constructed and/or acquired in the District, as set forth in the Resolution of Intention previously adopted and as set forth in the Engineer's Report presented and considered. Section 5. The assessment contained in the Engineer's Report is hereby levied upon the respective subdivisions of land in the District as set forth in the Engineer's Report. Section 6. The Engineer of Work shall forthwith deliver to the Superintendent of Streets said assessment, together with the diagram attached thereto and made a part thereof, as confirmed, with his certificate of such confirmation attached and the date thereof; the Superintendent of Streets shall then Resolution No. 21128 Page 3 immediately record said diagram and assessment in his office in a suitable book to be kept for that purpose and attach thereto his certificate of the date of such recording. Section 7. Upon confirmation of the assessment and recordation of the assessment diagram, a certified copy of the assessment diagram shall be immediately filed by the City Clerk in the office of the County Recorder of the County of Riverside. Immediately thereafter, a copy of the Notice of Assessment shall be completed and executed by the City Clerk and recorded in the office of the County Recorder in the County of Riverside in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California (the "Code"), whereupon said assessment shall become a lien upon the land on which it is levied, pursuant to the Code. Section 8. The Finance Director, upon the recording of the assessment diagram and assessment, is hereby directed to mail to each owner of real property within the District at the last known address, as the same appears on the tax rolls of the County of Riverside or as on file with the City Clerk, or to both addresses if said address is not the same, or to General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same, the amount of the assessment securing the series of bonds to be sold secured by such assessment, the date of recordation of the assessment, the time and place of payment thereof, the waiver of such payment period, if any, the effect of failure to pay within such time, and a statement of the fact that bonds will be issued on unpaid assessments pursuant to the Improvement Bond Act of 1915. The Finance Director shall provide notice by publication pursuant to Section 10404 of the Act. Such notice shall not be required following receipt by the Finance Director of any waiver of the cash payment period or notice requirements by the property owner. Section 9. There will be no cash payments from property owners on account of the assessments levied, since the record owners of all property assessed have waived the 30 day cash payment Period and notice thereof, and a copy of such waiver is on file with the City Clerk, and there has been filed with the City Clerk a list, showing payments received and assessment amounts remaining unpaid (the "Unpaid List'). The City Council hereby finds and determines that authorized representatives of each of the owners of the parcels assessed in these proceedings has filed such a waiver to pay the assessments in cash within the 30-day cash payment period. Accordingly, the Council orders the Finance Director to proceed forthwith without the necessity of the 30 day cash payment period otherwise required to provide for the issuance, sale and delivery of limited obligation improvement bonds in a principal amount equal to the assessments levied. Section 10. The Finance Director is hereby directed to submit to the City Clerk the , Unpaid List. Following receipt of the Unpaid List from the Finance Director, the Council intends to proceed with the issuance and sale of limited obligation improvement bonds (the 'Bonds") pursuant to the 1915 Act upon the security of unpaid assessments, bearing interest at a rate Resolution No. 21128 Page 4 not to exceed 12% per annum, with the last installment of the bonds to mature not to exceed twenty-five (25) years from the second day of September next succeeding ninety days (90) from their date. Section 11. The Council hereby authorizes the Treasurer of the County of Riverside (the "Treasurer") to collect installments each fiscal year until paid of the assessment, as herein confirmed and remaining unpaid (following the waiver of the thirty day period), in the amounts provided by the Treasurer and remit such amounts received to the Finance Director, and confirms to the Treasurer that the requirements of State Proposition 218, approved in November 1996, have been met in the proceedings for the District. Section 12. Upon reconsideration of the penalty for delinquent assessments provided in Section 19 of Resolution 21058, adopted by the Council on July 21, 2004, the Council desires penalties for delinquent assessments to be imposed in accordance with the laws under which the assessments are levied, and the Council hereby amends Resolution 21058 by rescinding such Section 19. Section 13. This resolution shall take effect immediately upon its adoption. ADOPTED this 3`d day of November, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA BY City Clerk City Manager REVIEWED & APPROVED AS TO FORM City Attorney