HomeMy WebLinkAboutCC RES 98-136RESOLUTION NO. 98-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT MAKING FINDINGS IN CONNECTION WITH ASSESSMENT
DISTRICT NO. 94-1 (BIGHORN) AND ASSESSMENT DISTRICT NO.
98-1 (THE CANYONS AT BIGHORN)
Recitals:
A. At the request of the affected landowners, the City
Council (the "City Council") of the City of Palm Desert (the
"City"), pursuant to its Resolution No. 94-42, as amended by its
Resolution No. 94-57, declared its intention to form, and
pursuant to its Resolution No. 94-74, ordered the formation of
Assessment District No. 94-1 (Bighorn) (the "Bighorn District")
pursuant to the Municipal Improvement Act of 1913 (Division 12 of
the California Streets and Highways Code, commencing with Section
10000) (the "1913 Act") and confirmed an assessment to finance
the acquisition and construction of the public improvements
described in the engineer's report prepared pursuant to
Resolution No. 94-42. At the request of the affected landowners,
the City Council pursuant to its Resolution No. 98-82 declared
its intention to form, and pursuant to its Resolution No. 98-99,
ordered the formation of Assessment District No. 98-1 (the
Canyons at Bighorn) (the "Canyons District") pursuant to the 1913
Act and confirmed an assessment to finance the acquisition and
construction of the public improvements described in the
engineer's report prepared pursuant to Resolution No. 98-82.
B. The improvements financed and to be financed with
the assessments levied and collected and to be levied and
collected against assessed parcels in the Bighorn District and
the Canyons District, respectively, (collectively, the "Assessed
Parcels") are briefly described as the acquisition and
construction of domestic water supply improvements, sewer
distribution facilities, dry utility improvements, street
improvements, park and recreation improvements, traffic
signalization improvements, drainage improvements and
appurtenances.
C. All of the Assessed Parcels are located within the
City, with the exception of two uninhabited parcels of
approximately 63 acres total land area (the "County Parcels")
that are located within the County of Riverside (the "County").
Both of the County Parcels are within the sphere of influence of
the City and are associated with the 514 acre Canyons at Bighorn
Specific Plan which, with the exception of the two County
Parcels, is located entirely within the City.
D. The City, at the request of the affected
landowners, has initiated a proposal to annex the County Parcels
to the City (Annexation 34). On October 22, 1998, the County of
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Riverside Local Agency Formation Commission ("LAFCO") approved
the annexation proposal.
E. The 1913 Act provides for the inclusion of the
County Parcels within the boundaries of the Bighorn District and
the Canyons District provided the Board of Supervisors of the
County consents to the formation by the City of the Bighorn
District and the Canyons District, approves the resolutions of
intention for such districts, and, if any of the proposed work is
to be done within County territory, consents to the work
described in the resolutions of intention and the assumption of
jurisdiction thereover by the City for the purposes aforesaid.
F. Pursuant to its Resolution No.98-354, adopted on
November 10, 1998, the Board of Supervisors consented to the
formation by the City of the Bighorn District and the Canyons
District, approved the resolutions of intention for such
districts, approved the work described in the resolutions of
intention and the assumption of jurisdiction thereover by the
City and approved, ratified and confirmed all such acts and
things heretofore done by or on behalf of the City in connection
with the formation of the Bighorn District and the Canyons
District, including the adoption of Resolution Nos. 94-42, 94-57,
94-74, 98-82, and 98-99; the assumption of jurisdiction by the
City Council for all purposes of the assessment proceedings; the
steps required for or suitable for the consummation of the work
and the levying, collecting and enforcement of the assessments
against the Assessed Parcels to cover the expenses thereof; and
the issuance and enforcement of bonds to represent unpaid
assessments.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM
DESERT HEREBY RESOLVES, ORDERS, FINDS AND DETERMINES AS FOLLOWS:
Section 1. The City Council hereby finds and
determines (i) that the public interest and convenience requires,
and it is the opinion of this City Council, that the work in
connection with the Bighorn District is of such a character that
it directly and peculiarly affects property in the City and the
County, and that the purposes sought to be accomplished by the
work can be best be accomplished by a single, comprehensive
scheme of work and (ii) it is the opinion of this City Council
that the land within the Bighorn District, including the County
Parcels, is and will be benefitted by the work in connection with
the Bighorn District.
Section 2. The City Council hereby finds and
determines (i) that the public interest and convenience requires,
and it is the opinion of this City Council, that the. work in
connection with the Canyons District is of such a character that
it directly and peculiarly affects property in the City and the
County, and that the purposes sought to be accomplished by the
work can be best be accomplished by a single, comprehensive
scheme of work and (ii) it is the opinion of this City Council
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that the land within the Canyons District, including the County
Parcels, is and will be benefitted by the work in connection with
the Canyons District.
Section 3. All acts and things heretofore done by or
on behalf of the City in connection with the formation of the
Bighorn District and the Canyons District, including the adoption
of Resolution Nos. 94-42, 94-57, 94-74, 98-82, and 98-99; the
assumption of jurisdiction by the City Council for all purposes
of the assessment proceedings; the steps required for or suitable
for the consummation of the work and the levying, collecting and
enforcement of the assessments against the Assessed Parcels to
cover the expenses thereof; and the issuance and enforcement of
bonds to represent unpaid assessments are hereby approved,
ratified and confirmed.
PASSED, APPROVED, and ADOPTED this 12th day of
November , 1998.
AYES: Crites, Ferguson, Kelly, Spiegel, Benson
NOES: None
ABSENT: None
ABSTAIN: None
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