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HomeMy WebLinkAboutCC RES 88-056� � � RESOLUTION NO. 88-56 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA ORDERING ANNEXATION NO. 1 TO CITY OF PALM DESERT LANDSCAPING AND LIGHTING DISTRICT NO. 2, CONFIRMING THE ASSESSMENT AND DIAGRAM AND ORDERING LEVY AND COLLECTION OF SPECIAL ASSESSMENTS FOR FISCAL YEAR 1988-89 WHEREAS, the City Council of the City of Palm Desert, Cali�ornia ("this City Council"} on April 14, 1988, adopted its Resolution of Intention declaring its intention to order Annexation No. 1 to City of Palm Desert Landscaping and Lighting District No. 2(the "District") for the instal- lation, construction, maintenance, servicing and operation of public landscaping and lighting and appurtenant Eacili- ties in the District; and WHEREAS, the Engineer of Work has filed with the Clerk his report (the "Engineer's Report") containing the matters speciEied in Section 22567, et seg., of the Code; and WHEREAS, the Engineer's Report has been duly pre- sented by the Clerk to this City Council for consideration and has been fully considered by this City Council, and WHEREAS, the proposed resolution of intention fixed June 9, 1988, at 7:00 p.m. and the City Council Chambers of the City Council of the City of Palm Desert, California, as the time and place for a hearing on the question of Annexa- tion No. 1 to the District and the levy of assessments for fiscal year 1988-89, and provided for notice of said hearing; and WHEREAS, the City Clerk has filed, in her office, declarations setting forth compliance with the requirements for publishing and mailing and this City Council hereby finds that notice was published and mailed as required by law; and WHEREAS, the hearing was duly opened and held by this City Council at the time and place for the hearing; and WHEREAS, at the time and place fixed in such notice a hearing was duly held by this City Council whereat all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard ,r � thereon were heard, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to said annexation or assessment, to any act or determination of this City Council in relation thereto, to any matter in connection with said report, or to the correctness of the assessment or diagram, or to any other matters relating to these proceedings; and WHEREAS, the public interest and convenience require the installation, construction, maintenance, servicing and operation of landscaping and lighting and appurtenant facilities within the area proposed to be annexed to the District; and WHEREAS, all of� the lots and lands within said Annexation No. 1 to the District will be benefited by main- tenance of the landscaping and lighting; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: Section 1. Protests. That said hearing has been duly held; that each and every step in the proceedings prior to and including said hearing has been duly and regularly taken; that the written protests received by the City Clerk at or before the hearing are not signed by the owners of . more than one-half (1/2) of the area of land included within the area to be annexed to said District; and that said protests are hereby overruled. Section 2. Necessity. Tha� the public interest, convenience and necessity require the installation, con- struction, maintenance, servicing and operation of said landscaping and lighting public improvements within the area to be annexed to said District. Section 3. Benefit. That all the land included within the boundaries of said Annexation No. 1 as shown on the diagram thereof will be benefited by said improvement and the maintenance, servicing and operation thereof; and that the proposed assessment of the total amount of the cost and expenses of said improvement upon the several parcels and subdivisions of land in said area as annexed is in proportion to the benefits to be received by such parcels and subdivisions, respectively, from the improvement and the maintenance, servicing and operation thereof. Section 4. Boundaries. That the exterior bound- aries of the area to be annexed to the District are as set forth in the diagram contained in the Engineer's Report on file with the City Clerk. -2- a Section 5. Engineer's Report. That the Engineer's Report and the method of assessment and the diagram and assessment for fiscal year 1988-89, as set forth in the Engineer's Report, are hereby approved and confirmed, and the passage of this resolution shall complete Annexation No. 1 to oP City of Palm Desert Landscaping and Lighting District No. 2 and shall constitute the levy of an assess- ment for the fiscal year 1988-89. Section 6. Diagram and Assessment. That pursuant to Sections 22640 and 22641 of the Code, the City Clerk shall file a certified copy of the diagram and assessment with the Riverside County Auditor-Controller not later than the third Tuesday in August. Section 7. Filings. That pursuant to Section 54900 et seg. of the California Government Code, the City Clerk shall forward a statement regarding the annexation of said area to the District to the California State Board of Equalization and the Riverside County Assessor no later than the third Tuesday in August. Section 8. Collection of Assessments. That it is the intention of this City Council to collect annual assess- ments on the Riverside County assessment roll commencing in fiscal year 1988-89 pursuant to the procedures set forth in Sections 22620 et se�c. of the Code. PASSED, APPROVED AND ADOPTED by �he City Council of the City of Palm Desert, California, this 9th day of June, 1988, by the following vote, to wit: AY E S: CRITES, KELLY, SNYDER, WILSON NOES : NONE ABSENT : BENSON ABSTAIN: NONE ATTEST: � � , � . j� _. , .. J n M.� �tfson, Mayor y S.�Roy Wilson, Mayor Pro-Tempore � J. Sheila R. �illigaryf/City Clerk City of Palm Dese�,t�, California JEB0618A -3-