HomeMy WebLinkAboutCC RES 85-085. �
RESOLUTION N0. 85-85
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PALM DESERT, CALIFORNIA,
CONFIRMING THE ASSESSMENT, ORDERING
TNE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE
ENGINEER'S "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, did, on the 13th
day of June, 1985, adopt its Resolution of Intention No. 85-56, for the construction
of certain public works of improvement, together with appurtenances and appurtenant
work, including acquisition where appropriate, in a special assessment district known
and des i gn ated as
ASSESSMENT DISTRICT N0. 83-1
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a"Report", as therein provided,
was presented, considered and approved; 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 "Municipal Improve-
ment Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California, including the following:
l. Plans and specifications of the proposed improvements;
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment accord i ng to benef i ts;
5. A description of the works of improvement.
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, not ices of said heari ng were dul y and regul arl y posted , mai 1 ed and publ i shed
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-hal f(1 /2) of the area assessed far the cost of the pro-
ject did not file written protests against the said propased improvements and acqui-
sition, where appropriate, and this City Council did, after providing a full hearing,
overrule and deny all protests and objections; and,
WHEREAS, this City Council is now satisfied with the assessment and all matters con-
t ained in the "Report" as now updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above reci tal s are al 1 true and correct .
SECTION 2. That the "Report", as now updated and submitted, consisting of the
assessment and di agram for the improvements, together with appurtenances
and appurtenant work in connection therewith, including acquisitian �here
appropriate, is hereby confirmed.
SECTION 3. That the public interest and convenience require the proposed improve-
ments to be made, and therefore it is hereby ordered that the work to be
done and improvements to be made, together wi th appurtenances and appur-
tenant work in connection therewith, including acquisition where appro-
priate, in said Assessment District, as set forth in the Resolution of
Intention previously adopted and as set forth in the "Report" presented
and considered, and as now submitted.
�
SECTION 4. That the assessment contained in said "Report" is hereby levied upon the
respective subdivisions of land in the Assessment District as set forth
in said "Report".
SECTION 5. That the City Clerk shall forthwith deliver to the Superintendent of
Streets the said assessment, together with the diagram attached thereto
and made a part thereof , as conf i rmed , wi th h i s cert i f i c ate of such
confirmation attached and the date thereof; and that said Superintendent
of Streets shal 1 then immedi atel y record said di agram 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 6. That said Superintendent of Streets, upon the recording of said di agram
and assessment, shall mail to each owner of real property within the
Assessment District at his last known address, as the same appears on the
t ax rolls of the County or on file in the Office of 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, the
time and place of payment thereof, 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".
SECTION 7. That said Superintendent of Streets shall also give notice by publishing
a copy of a notice of recording of assessment in the newspaper previously
selected to publish all notices as provided by law, giving notice that
said assessment has been recorded in his Office, and that all sums
assessed thereon are due and payable immedi ately, and that the payment of
s ai d sums i s to be made wi th i n th i rty ( 30) days af ter the date of record-
ing the assessment, which date shall be so stated in said notice, and of
the fact that securities will be issued upon unpaid assessments.
SECTION 8. Upon confirmation of the assessments and recordation of the assessment
ro� I�nd di agr am, a cert i f i ed copy of the as ses sme nt di agr am sh al 1 be
immedi atel y fi i ed in the Office of the ��unty Recorder. Immedi atel y
thereafter, a copy of the noiice cif assess�ent shall be recorded in the
Office of the County Recorder in the manner and form as set forth by law
and specifically Section 3114 of the Streets and Highways Code of the
State of Cal iforni a.
SECTION 9. That the Treasurer is hereby authorized and directed to establish a
special fund account to be known as the IMPROVEMENT FUND, and designated
by the name of this Assessment District, into which fund shall be paid
all payments to be received upon said assessment, and the proceeds of
the sale of bonds to be issued representing unpaid assessments.
SECTION 10. That the Treasurer is hereby further authorized to establish a SPECIAL
RESERVE FUND, into which the designated �nount shall be transferred and
held in trust for the bondholders and used to assist final disch arge by
any payment by property owners within the boundaries of the Assessment
District.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
California, on this 8th day of August , 1985, by the following vote:
AYES BENSON, KELLY, WILSON AND SNYDER
NOES NONE
ABSENT JACKSON
ABSTAIN NONE
A�'EST : � '
1 � ��
SHEILA R. GIL GAN, CI LERK
CITY OF PALM DESERT, C IFORNIA
� i
��%� °
WALTER H. SNYD , YOR