HomeMy WebLinkAboutCC RES 96-41RESOLUTION NO. 96-41
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT, CALIFORNIA, ACKNOWLEDGING THE DISSOLUTION OF
PALM DESERT WATER AND SERVICE DISTRICT ON JULY 1, 1996, AND
ACCEPTING RIVERSIDE LOCAL AGENCY FORMATION COMMISSION'S
RESOLUTION NO. 37-95 (ATTACHED) IN WHICH THE CITY OF PALM
DESERT IS DESIGNATED AS THE SUCCESSOR AGENCY FOR THE
PURPOSE OF WINDING UP THE AFFAIRS OF THE DISSOLVED
DISTRICT.
WHEREAS, pursuant to the Cortese -Knox Local Reorganization Act (Govt. Code §§
56000, et seq.), the Local Agency Formation Commission, by Resolution No. 37-95, approved
the dissolution of the Palm Desert Water & Services District on October 26, 1995, subject to
the following conditions: (a) the City of Palm Desert shall be the successor agency for the
purpose of winding up the affairs of the dissolved district; (b) all assets related to the provisions
of water service shall be transferred to the Coachella Valley Water District; (c) all remaining
assets shall be transferred to the City of Palm Desert; and (d) the effective date of the dissolution
shall be July 1, 1996.
WHEREAS, on January 23, 1996, the Riverside County Board of Supervisors, by
Resolution 96-033, approved the dissolution of the Palm Desert Water & Services District
subject to the same conditions set forth in Local Agency Formation Commission Resolution No.
37-95.
WHEREAS, the Certificate of Completion for the dissolution of the Palm Desert Water
& Services District was recorded by the Riverside County Recorder on February 7, 1996.
WHEREAS, the City of Palm Desert, as the successor agency to the Palm Desert Water
& Services District, is required to assume all of the obligations and liabilities of the District, and
is required to accept all real and personal property of the District.
NOW, THEREFORE, BE IT RESOLVED as follows:
1. Pursuant to LAFCO Resolution No. 37-95 the City of Palm Desert, California,
is the successor agency for the purpose of winding up the affairs of the dissolved
District;
2. Upon the effective date of the: dissolution, the City of Palm Desert, as successor
agency shall:
a. Accept control over all of the moneys or funds, including cash on hand
and moneys due but uncollected, and all property, real or personal, of the
dissolved district.
RESOLUTION NO. 96-41
b. Pay or make provision for payment of all short-term and long-term
obligations of the dissolved district.
c. Accept all contractual obligations of the District entered prior to the
effective date of the dissolution.
3. For the sole and exclusive purpose of winding up the affairs of the dissolved
district, the City of Palm Desert, its officers and employees shall have the same
powers and duties of the dissolved district, and shall have the power to:
a. Exchange, sell or otherwise dispose of all real and personal property of
the dissolved district.
b. Compromise and settle claims of any nature.
c. Sue and be sued in the same manner and to the same extent as the
dissolved district.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Palm
Desert, California, on this 27th day of June , 1996, by the following vote, to wit:
AYES: BENSON, KELLY, SPIEGEL, SNYDER
NOES: NONE
ABSENT: CRITES
ABSTAIN: NONE
ATTEST:
SHEILA/R. GILLIGAN, CITY eL.ERI{b
CITY OP PALM DESERT, CALIFORNIA
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LOCAL ARINCY
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Local Agency Formation Commission County of Aivereide
RESOLUTION NO. 37-95
APPROVING THE DISSOLUTION OF
THE PALM DESERT WATER AND SERVICES DISTRICT
LAFCO NO, 95-14-4
BE IT RESOLVED AND DETERMINED by the Local Agency
Formation Commission in regular session assembled on October 26,
1995, that the Dissolution of Palm Desert Water and Services
District, generally located west of Deep Canyon Road, south of
the Wh.tewate= River Channel, north of Highway 111 and east of
Fairhaven Drive in the City of Palm Desert, is approved subject
to the terms and conditions set forth herein.
BE IT FURTHER RESOLVED, DETERMINED AND FOUND that;
1. Commission proceedings were commenced by
registered voter petition.
2. The dissolution is proposed to consolidate water
and sewer services by the Coachella Valley Water District.
3. The proposal is exempt from the provisions of the
California Environmental Quality Act per CEQA Guidelines Section
15061(b) (3), inasmuch as it can be seen with certainty that the
activity in question will not have a significant effect on the
environment.
4. The distinctive short form. designation of the
proposed dissolution is LAIC() No. 95-14-4--Dissolution of Palm
Desert Water and Services District.
5. The dissolution of the Palm Desert and Water and
Services District is approved subject to the following terms and
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conditions;
a. The City of Palm Desert shall be designated
as the successor agency for the purpose of winding up the
affairs of the dissolved district.
b. All assets related to the provision of water
service shall be transferred to the Coachel.a Valley water
District.
c. All remaining assets shall be transferred to
the City of Palm Desert.
d. The effective date of the dissolution shall
be July 1, 1996.
6. The territory to be dissolved is inhabited, there
being more than 12 registered voters residing therein.
7.. This dissolution is consistent with the spheres
of influence of all affected local agencies.
B. The Board of Supervisors, County of Riverside, is
designated conducting authority and authorized to order the
dissolution without election.
9. The Executive Officer is directed to transmit a
certified copy of this Resolution to the above designated
conducting authority, to the chief petitioners, if different
from the conducting authority, and to each subject agency.
JANICE C. LEJA, Cir
1 certify the above resolution was passed an • dopted by the
Local Agency Formation Commission of Riversid ty on
October 26, 1995.
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. SPILIOTIS
tive Officer