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HomeMy WebLinkAboutCC RES 95-009• � J RESOLUTION NO. 95-9 ASSESSMENT DISTRICT NO. 94-3 (Merano) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING ASSESSMENT ENGINEER'S REPORT AND APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO THE PROPOSED ACQUISITION AND CONSTRUCTION OF PUBLIC IMPROVEMENTS WHEREAS, the Robert L Mayer Trust, a California corporation, has presented a signed petition to the City Council (the "City Council") of the City of Palm Desert (the "City") requesting the formation of an assessment district for the acquisition and construction of certain public improvements, together with appurtenances and appurtenant work and incidental costs and expenses in connection therewith, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, with bonds to be issued to finance said improvements pursuant to the Improvement Bond Act of 1915, Division 10 of said Code, said assessment district being designated "Assessment District No. 94-3 (Merano), City of Palm Desert, County of Riverside, State of California" (the "Assessment District"); WHEREAS, the City Council has adopted a resolution approving and authorizing execution of an agreement entitled "Assessment District Acquisition and Construction Agreement, Assessment District No. 94-3 (Merano)" between the Robert L Mayer Trust, and the City providing for the acquisition and construction of certain public improvements, and for the initiation by the City of proceedings for the formation of the Assessment District pursuant to the Municipal Improvement Act of 1913 and the sale of bonds pursuant to the Improvement Bond Act of 1915 to acquire and construct and finance the acquisition and construction of said public improvements; and WHEREAS, the City Council has adopted Resolution No. 95-6 which is entitled "Resolution of the City Council of the City of Palm Desert Declaring Intention to Order the Acquisition and Construction of Certain Improvements Within and for a Proposed Assessment District and the Payment of Certain Expenses Incidental Thereto Pursuant to the Municipal Improvement Act of 1913, Describing the Assessment District to be Assessed to Pay the Costs and Expenses Thereof, and Determining that Bonds shall be Issued in the Amount of the Unpaid Assessment Pursuant to the Improvement Bond Act of 1915," and said resolution is the resolution of intention with respect to the proceedings for the proposed Assessment District and the sale of said bonds (the "Resolution of Intention"); and WHEREAS, pursuant to the Resolution of Intention, the Assessment Engineer named therein has prepared and filed its report with the City Clerk as provided for in BJS250696 Sections 10203 and 10204 of the Streets and Highways Code, and said report has been presented to the City Council for review and consideration; and WHEREAS, the City Council desires to pass on said report and appoint a time and place for hearing of protests to the acquisition and construction of the public improvements; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE as follows: Section 1. The Report of the Assessment Engineer (the "Report") contains all matters required by Section 10204 of the Streets and Highways Code, as well as all matters required by Section 2961 of said Code, and is therefore in proper form and does not require modification, and the Report is hereby adopted, passed upon and preliminarily approved. Section 2. The time of 7:00 p.m. on April 13, 1995, and the meeting room of the City Council of the City at 73-510 Fred Waring Drive, Palm Desert, California, are appointed as the time and place for hearing protests to the proposed acquisition and construction of the public improvements. Any and all persons having any objections to the proposed acquisition and construction of the public improvements, or the proposed assessment on the land within the proposed Assessment District, or any parcel thereof, 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 writing and must be delivered to the City Clerk at or before the time set for the hearing. The time of 7:00 p.m. on March 23, 1995, and the meeting room of the City Council of the City at 73-510 Fred Waring Drive, Palm Desert, California, are appointed as the time and place for allowing public testimony regarding the proposed assessment during the regular meeting of the City Council. Any interested person may present testimony at such time regarding the proposed assessment. Section 3. The City Council does hereby designate Ray Diaz, Assistant City Manager/Director of Community Development and Planning of the City, telephone number (619) 346-0611, as the person to answer inquiries regarding the protest proceedings. Section 4. The City Clerk is directed to give notice of the hearing as follows: (a) At least forty-five (45) days before the date set for hearing of protests, the City Clerk shall, pursuant to Sections 10301 and 10306 of the Streets and Highways Code and Section 54954.6 of the Government Code, mail, postage prepaid, notice of said hearing and of the adoption of the Resolution of Intention and the filing and consideration of the Report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment roll for taxes of the County of Riverside, or who are known to the City Clerk. -2- BJS250696 (b) Upon the completion of the mailing of said notices, the City Clerk shall file with the City Council a declaration setting forth the time and manner of the compliance with the requirements of this resolution for mailing notices. Section 5. On the original and on at least one copy of the map of the boundaries of the Assessment District, the City Clerk shall endorse a certificate evidencing the date of adoption of this resolution, and within fifteen (15) days after the adoption of this resolution, and in no event later than fifteen (15) days prior to such hearing, a certified copy of said map shall be filed in the Office of the County Recorder of the County of Riverside. PASSED, APPROVED AND ADOPTED this 9th day of February, 1995, by the following vote, to wit: AYES: BENSON, KELLY, SNYDER, SPIEGEL, CRITES NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SHEILA R. 1 GAN, Ci erk City of Palm Desert BJS250696 -3-