HomeMy WebLinkAboutCC RES 88-073RE30LUTION N0. 88-73
A RESOLU'I'TON OF THE CITY COt1NCIL OF THE CSTY
OF PALM DESERT CONFIRMING A pROPO$ED
ASSESSM$NT, ORDERING PROP08ED IMPROVEMEN'rS TO
BE MADE AND DECI�F►RING IT3 ACTION UpON THS
E2�fGINEER' S REPORT AND THE A38EB9MENT IN
coNNECTrox wiTH �►ssEBSMENT DZSTRICT N0. 87-1
THE CITY COiJNCIL OF THE CITY OF PALM DSS$RT HEREBY
FINDS, DETERMINES, RESOLVEB AND ORDERS A3 FOLIAW3:
,�e�tion 1. Following notice duly qiven by postir�g,
publication and ma�,l, the City Counail has held a full and tair
public hearinq ragardinq its► Resolution No. 88-s1 and the
�ngineer�■ Report prepared and filed with tho City Clerk in
connoction therewith entitlad "Assesement Digtriat No. s7-1, City
of Palm Desert, Enqineer'B Report, Debt Limit Roport" and
reqarding protests and objectioha thereto and to the proposed
improvemente in connection with Assessment Diatriat xo. 8?-1.
Th• City Council hereby �3nds and daterminer that (i) written
protests and objections filed with the City clsrk and oral
protest� and objeotiona gfven at euch public h�arinq by the
ownere oi the frontage o! the property fran�inq on the propoeed
improvement� constitute protests and objectiona by ownarr of les�s
than a majority ot �uch lrantaqe, and (11} writt4n proteats and
objootione� filed with ths City Clark and oral proteate �nd
objectiong given at auah public hearing by thae ownero of property
to be a�eessed Por tha proposed fmprovement� aonstitute pratQ�ta
and objections by own�re o� loBs than one-hel! o! the area oP the
property to bo asaaaead tor thd propoeed i.mprovem�nts. All oral
and written prot�sts and objections to the propo�sd improvomentg
in connaction with A�eaeament District No. 87-1, to the extent of
Assesa�ment Di�ttrict No. 87-1, to the preposad asgesement in
con�ection therewith, and to any and all other mattere ralated to
tha foregoinq, are hereby overruled by the City Council.
sac� on 2. At ths above-described pubiic hearinq,
certain modifiaa�ione wera made to the Enqineer�s Report which
modiliQd and reduced th• total amount of tha as�esement, which
moditied the acope of the work without incraasing the coa�t o! any
asses�mont by reason thereor or substantidlly a�foatinq the
distributipr ot bene�its trom the work and which alarifiad the
description of tha method a� assessmen�. such moditications are
set forth in the Enqineer's Report, am moditied. HAged upon its
raview of tha Engineer's Aeport regardinq ABeeasment District
No. 87-1� a� modili�d, a copy or which haa been Piled with tho
City Clark, and which hag been prasented to th� City Counc3l, and
upon tho otYLvr roports and informstion presented to it, the City
Cou�cil hereby finds and determinee that (i) tho distriot of land
within Aegesament bistrict No. 87-1 wiil be banefitgd by the
imgrovementB described in the Engineer's Report, as modified,
(ii) As�+�essment nistrict No. s7-1 inaludea all of the lands s�o
bonef�ted, and (iii) the as�essment of the total amount oP the
cost and expenges ot euch improvemants upon the several sub-
y �
divisions of land in Assessment District No. 87-1 is in .
proportion to the estimated benefits to be received by such
subdivisions, respectively, from such improvements.
�ection 3. The City Council has found and determined
that the total amount of the principal sum of all unpaid special
assessments levied against the parcels proposed to be assessed
(being the total amount, as determined and set forth in such
Engineer's Report, as modified, of the total principal sum of all
unpaid special assessments and special assessments required or
proposed to be levied under any completed or pending assessment
proceedings, other than that contemplated in the proceedings for
Assessment District No. 87-1, which would require an investiga-
tion and report under California Streets and Highways Code
Section 2800, et seg., against the total area proposed to be
assessed) within Assessment District No. 87-1, plus the principal
amount of the special assessment proposed to be levied in the
proceedings, do not exceed one-half of the total value of the
parcels proposed to be assessed within Assessment District
No. 87-1 (being the full cash value of the parcels as shown upon
the last equalized assessment roll of the County of Riverside).
r
Section 4. The proposed assessment set forth in the
Engineer's Report, as modified, is hereby confirmed as filed with
the City Clerk and presented to the City Council. ,
Section 5. The City Council hereby orders the proposed �
improvements set forth in the Engineer's Report, as modified, to
be made.
Section 6. The City Council declares that the
Engineer's Report, as modified, is hereby approved.
Section 7. The City Council declares that such
assessment is hereby approved. •
Section 8. The City Clerk is hereby directed to cause
to be recorded in the office of the City Treasurer and in the
office of the City Engineer a certified copy of the diagram and
assessment provided for in subdivisions (d) and (e� of California
Streets and Highways Code Section 10204.
Section 9. The City Clerk is hereby directed to cause
to be recorded in the office of the County Recorder of the
County of Riverside a notice of assessment in connection with
Assessment District No. 87-1, as provided by California Streets
and Highways Code Sections 3114 and 10402.5.
Section 10. Following the recordation of such notice
of assessment, the City Treasurer is hereby authorized and
directed to provide notice of recordation of the assessment as �
provided by California Streets and Highways Code Section 10404, �
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by mail, postage prepaid, to all persons owning real property
which is proposed to be assessed to pay any part of the cost of
the work, whose names and addresses appear on the last equalized
roll or who are known to the City Clerk, and by publication
pursuant to California Government Code Section 6066 in the Palm
Deser �ost.
Section 11. The City Treasurer is hereby authorized
and directed to collect and receive the assessments pursuant to
Division 12 of the California Streets and Highways Code.
PASSED, APPROVED AND ADOPTED this 14th day of
July � 1988.
AYES: CRITES, KELLY, SNYDER, WILSON, & BENSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
/� � / // � � ,'' •
JEAN M. BENSON, MAYOR
ATTEST:
j �1 .
� .�
� SHEILA R. GILLIGAN, CI CLERK
CITY OF PALM DESERT, C IFORNIA
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