HomeMy WebLinkAboutCC RES 88-057�
RESOLUTION N0.88-57
RE50LUTION ORDERING THE CONTINUED OPERA-
TION OF THE CITY OF PALM DESERT LAND-
SCAPING AND LIGHTING DISTRICT NO. 2, CON-
FIRMING 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, CaliFornia ("this City Council") on April 14, 1988,
adopted its Resolution of Intention declaring its intention
to continue the operation of City of Palm Desert Landscaping
and Lighting District No. 2(the "District") for the
installation, construction, maintenance, servicing and
operation of public landscaping and liqhting and appurtenant
Pacilities in the District; and
WHEREAS, the Engineer of Work has filed with the
Clerk his report (the "Engineer's Report") containing the
matters specified 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 of Palm Desert, Cali�ornia, as the time and place
for a hearing on the question of the continued operation of
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 publication of notice and this City Council hereby finds
that notice was published 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
thereon were heard, and this City Council gave all persons
present an opportunity to be heard in respect of any matter
relating to said 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
WIiEREAS the public interest and convenience require
the continued installation, construction, maintenance,
servicing and operation of landscaping and liqhting and
appurtenant facilities within the proposed District; and
WHEREAS, all of the lots and lands within said
District will be benefited by maintenance 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
said District; and that said protests are hereby overruled.
Section 2. Necessity. That the public interest
convenience and necessity require the continued installa- '
tion, construction, maintenance, servicing and operation of
said landscaping and lighting public improvements.
Section 3. Benefit. That all the land included
within the boundaries of said District as shown on the
diagram thereof will be benefited by said improvement and
the maintenance, servicing and operation thereof; and that
the proposed assessment oE the total amount of the cost and
expenses of said improvement upon the several parcels and
subdivisions of land in said Distri.ct is in proportion to
the benefits to be received by such parcels and subdivi-
sions, respectively, from the improvement and the mainte-
nance, servicing and operation thereof.
Section 4. Boundaries. That the exterior boun-
daries of the District are as set Forth in the diagram
contained in the Engineer's Report on file with the City
Clerk.
Section 5. Engineer's Report. That 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 continue the operation
of City of Palm Desert Landscaping and Lighting District
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No. 2 and shall constitute the levy of an assessment for the
fiscal year 1988-89.
Section 6. Dia ram and Assessment. That pursuant
to Sections 22640 and 22541 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 Tues_day in August.
Section 7. 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 seg, of.the Code.
PASSED, APPROVED and ADOPTED by the City Council of
the City of Palm Desert, California, on this 9th day of
June , 1988, by the following vote, to wit:
AYES:
NOES:
ABSENT:
CRITES, KELLY, SNYDER, WILSON
NONE
BENSON
ABSTAIN: NONE
ATTEST: %�
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SHEILA R. G LLIGAN,/
City of Palm Desert;
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JEAN . �-�] ON, � ayor
by S�• Roy Wilson, Mayor Pro-Tempore
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,
ity Clerk
California
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