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HomeMy WebLinkAboutCC RES 85-093RESOLUTION N0. 85-93 RESOLUTIOiv �F THt CITY COUNCIL UF THE CITY OF PALM DESERT, CALIFORNIA, OVEkRULIN6 AN� DENYIN6 PROTESTS aND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT wHEREAS, the CITY COUNCIL of the CITY OF PALM OESERT, CALIFORNIA, has, by Resolution, declared its intention to order the construction of certain public works of improve- ment, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, certain owners of property liable to be assessed for improvements have filed written protests or objections and delivered the same to the City Clerk not later than the hour set for hearing such objections; and wHEREAS, at the time set for said Public Hearing, all protests and objections were duly heard and considered, and all matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit and whether the assessments were apportioned in accordance to benefit were heard and considered. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public hearing on the Assessment District is hereby closed. SECTION 3. 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 (1/2) of the area of property to be assessed for said improvements within said Assessment District. SECTION 4. That is hereby further 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 is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 5. That the Engineer's method of spread and apportionment of all costs is hereby approved and adopted as being a correct and proper apportionment and distribution of all assessable costs for these works of improvement. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 12th day of September , 1985, by the following vote: AYES BENSON, J9CKSON, KELLY, �aILSON AND S�IYDER NOES NO�JE ABSENT NONE ABSTAIN NONE ATTEST: ' � � ;� � �� , � � t �, ,�Y, / SHEILA R. GII.� GAN, CITY RK CITY OF PAL`S DESERT, CAL� RNIA :�'�!� ��-� Q . � WALTER H. S�iI'DER, MAYOR