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HomeMy WebLinkAboutCC RES 96-42RESOLUTION NO. 96-42 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 AUTHORIZING THE CITY OF PALM DESERT, AS THE SUCCESSOR AGENCY OF THE DISTRICT, TO ACCEPT ALL REAL PROPERTY OWNED BY THE DISTRICT AS OF THE EFFECTIVE DATE OF THE DISSOLUTION. 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. (A copy of LAFCO Resolution 37-95 is attached.) 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. (A copy of the Certificate of Completion is attached.) WHEREAS, Government Code Section 27281 requires the City of Palm Desert to accept and consent to the deed or grant of all real property owned by the District WHEREAS, pursuant to LAFCO resolution, the City of Palm Desert, as the successor agency to the Palm Desert Water & Services District, is required to accept all real and personal property of the District. NOW, THEREFORE, BE IT RESOLVED as follows: That the City Council and/or the City Clerk for the City of Palm Desert has the express authority to accept by deed or grant, on July 1, 1996, all real property of the Palm Desert Water and Services District, located at: 1. 44500 Portola Palm Desert, CA 2. 44491 Portola Palm Desert, CA RESOLUTION NO. 96-42 3. 74018 El Cortez Palm Desert, CA 4. That real property situated in the City of Palm Desert, State of California, described as Lot 10, Block 1 of Palm Village Unit 5, as per map recorded in Book 20, pages 40 and 41 of maps, records of Riverside County, California. 5. That real property situated at the well -sites located on the corner of San Pablo/Royal and Portola/Fred Waring. Said property will be accepted by the successor agency and then transferred to the Coachella Valley Water 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 WA ER H. SNYDER, Miglti ATTEST: SHEILA . GILLIGAN, CITY LERI CITY 0 ALM DESERT, CALIFORNIA - 1 1 AUAtaiv11 ii N 1 1 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ItiviFtsIDE kOGA►. AG*NCY FORMATION COMMISSION SASS TIWTs "TRW - SUM IRO AIvtules CA6UoINtA sasot•ss1s Local Agency Formation Commission County. of Riverside 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 Whitewater 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 LAFCO 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 -1- 1 2 3 4 s 6 7 8 9 10 11 12 13 14 15 6 21 22 23 24 25 26 27 28 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. Al]. assets related to the provision 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. 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. 8. 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, C.-ir 1 certify the above resolution was passed an• dopted by the Local Agency Formation Commission of Aiversidy my on October 26, 1995. -2- J.� . SPILIO e tive Officer S Al 1tl _JJ111/U4N 1 . m as Ncc.. '�4566 has not been compared NW* original. County Recorder RIVERSIDE COUNTY CALIFORNIA CERTIFICATE OF COMPL EI1ON Pursuant to the Cortese/Knox Local Government Reorganization Act of 1985, Sections 57201, 57202 and 57205, this certificate is hereby issued by the Executive Officer of the Local Agency Formation Commission of Riverside County, California. 1. Short -form designation, as designated by LAFCO, is 95-14-4. 2. The neme of the district Involved in this change of organization and the type of change of organization ordered is as follows: Type of Chinos of OrogpiZatign Palm Desert Water end Services District Dissolution 3. The above -listed district is located within the following county: Riverside, 4. A description of the boundaries atria above -cited change of organization Is shown on the attached Wrap and legal description, marked Exhibit •A' and by reference incorporated herein. 5. The territory is inhabited. a. This change of organization has been approved subject to the following terms and conditions. H any: 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 Coachella Vsdsy Water District. c.) All remaiNng assets shall be transferred to the City of Palm Desert: d.) The effective date of the dissolution shall be July 1. 199S. 7. The date of adoption of the Resolution confirming this change of organization is January 23,19915. A certified copy of Resolution No. 618-033, of the Riverside County Board of Supervisors, is attached hereto and by misname incorporated herein. hereby certify that as Executive Offioar for the Local Agency Formation Commission of Riverside County, the above-llstad agency has completed a change of organization pursuant to the Cortese -Knox Local Government Reorganization Act of i 98S. GE SPIUOTIS Exit a car Date: February 7, 1996 RIVERSIDE LOCAL AGENCY FORMATION COMMISSION • 1485 SPRUCE STREET. SUITE a • RIVERSIDE. CA 92307-3445 PHONE (909) 369.0631 • FAX (9091 359-8479