HomeMy WebLinkAboutCC RES 94-0581
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]1�TD CONBTRDCTIO�T Oa PDHLIC IILPiZOVE1�'1'8
W►HEREAS, Wsstinqhouae Dasert Communities, Inc., a
California corporation, has pre8ented a sfqned petitfon to the Cfty
Council (the "City Council") of the City of Palm Desert (the
"City") raqueatinq the formation of an asseasment district !or the
acquisition and construction of certain public improvementa,
toqether with appurtenances and appurtenant work and incidental
coats and expenses in connection therewith, pursuant to the
Municipal Improvement Act ot 1913, Dfvision 12 of the Strests and
Hiqh�rays Code, with bonds to be issuad to finance said improveaents
pursuant to the Improvament Bond Act oi 1915, Diviaion 10 of said
Code, said asBessmant district beinq daeiqnated "AsaQaement
District No. 94-1 (Bighorn), City of Palm Deasrt, County ot
Riverside, State of California" (the."Assessment District")=
WHEREAS, the City Council has adopted a resolution•
approving and authorizinq execution of an aqreement entftled
"Assessment District Acquisition and Construction Aqreement,
Aesessment District No. 94-1 (Biqhorn)" between Westinqhouse Deaert
Communities, Inc., and the City providinq for the acquisition and
construction of certain public improvements, and for the initiation
by the City of proceedings for the formation of the Assesement
District pursuant to the Municipal Improvement Act o! 1913 and the
sale of bonds pursuant to the Improvement Bond Act ot 1915 to
acquire and construct and finance the acquisition and construction
of said public improvements; and
WHEREAS, the City Council has adopted Resolution No. 94-
42 which is entitled "Resolution of the City Council o! the City of
Palm Desert Declarinq Intention to Order the Acquisition and
Construction of Certain Improvements Within and for a Proposed
Assessment Dietrict and the Paymant of Certain Expenses Incidental
Thereto Pureuant to the Municipal Improvement Act ot 1913,
Describinq the Assessment District to be Assessed to Pay the Costs
and Expenses Thereot, and Determininq that Bonds shall ba Issued in
the Amount ot the Unpaid Assessment Pursuant to tha Improvement
Bond Act of 3915," and eaid resolution ie the resolution of
intention with respect to the proceedinqa tor the proposed
Assessment District and the eale of said bonds (the "Reaolution of
Intention"); and
BJS205300
RESOLUTION NO. 94-58
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WHEREAS, pureuant to the Resolution oi Intention, tha
Assessment Enqineer named therein has prepared and liled its report
with the City Clerk as provided for in Sectione 10203 and 10204 ot
the Streets and Hiqhways Code, and said report has been presented
to the City Council for revie� and coneideration; and
WHEREAS, the City Council desirea to pass on said report
and appoint a time and place for hearinq o! proteats to the
acquisition and construction o! the publfc improvements;
NOW, THEREFORE, the City Council ot the City o! Palm
Desert, Calitornfa, DOES HEREBY RESOLVE as follows:
Section 1. The Report of the Assessment Enqineer (the
"Report") contains all matters required by Section 10204 oi the
Strests and Hfqhwaya Code, as �ell as all mattara required by
Section 2961 of Baid Code, and ie therefore in proper form and does
not require modification, and the Report is hereby adopted, passed
upon and praliminarily approved.
Section 2. The time of 7:00 p.m. on July 14, 1994, and
the meetinq room of the City Council of the City at .73-510 Fred
Warinq Drive, Palm Desert, California, are appointed� as the time
and place for hearinq protests to the proposed acquisition and
construction ot ths public improvQmants. Any and all parsons
havinq any objections to the proposed acquisition and construction
of the public improvements, or the proposed assessment on the land
within the proposed Assesement District, or any parcel theraof, or
the extent of the Assessment District may appear and show cause why
the acquisition and construction of the public improvements should
not be accomplished in accordance with the Resolution of Intention
and the Report. Protests must be in �rritinq and must be delivered
to the City Clerk at or before the time set for the hearinq.
Section 3. The City Council does hereby deaiqnate David
Yriqoyen, Senfor Administrative Assistant of tha City, telephone
number (619) 346-0611, as the person to answer inquirfea r�qardinq
the protest proceedinqe.
Section 4. The City Clerk is directed to qive notice ot
the hearing as follows:
(a) At least forty-five (45) days before the date Bet
for hearinq of protests, the City Clerk shall, pursuant to Sections
10301 and 10306 of the Streets and Hiqhways Code and Section
54954.6 of the Government Code, mail, postaqe prepaid, notice of
said hearinq and of the adoption ot the Resolution of Intention and
the filinq and considaration of the Report to all persons owninq
real property proposed to be assessed whose nameB and addresses
appear on #he last equalized assessment roll for taxee o! the
County of Riverside, or who are known to the City Clerk.
(b) Upon the completion of the mailinq of said notices,
the City Clerk shall file with the City Council a declaratfon
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RESOLUTION NO. 94-58 �,,, � �,
eettinq forth the time and manner ot the compliance with tha
requirements of this resolution for mailinq notices.
Section 5. on the orfqinal and on at least one copy o!
the map o! the boundaries of the Assessment District, tha City
Clerk shall endor�e a certificate evidencinq the date of adoption
ot this resolution, and within tifteen (15) days alter the adoption
ot this resolution, and in no event later than fitteen (15) daye
prior to such hearinq, a certified copy of said map shall be lilad
in the Oftice o! the County Recorder of the County o! Riverside.
PASSED, APPROVED AND ADOPTED this 26th day of May, 1994,
by the followinq vote, to wit:
AYES: BENSON, CRITES, SNYDER, WILSON
NOES : NONE
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