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HomeMy WebLinkAboutCC RES 85-109RESOLUTION N0. 85-109 RESOLUTION UF THE CITY COUNCIL UF THE CITY OF PALM OESERT, CALIFORNIA, OkDERING CHANGES ANU MODIFICATIONS IN PROCEEOINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTkICT PURSUANT TO THt "MUNICIPAL IMPROVEMENT ACT OF 1913" wHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, has previously adopted its Resolution of Intention and confirmed an assessment for certain works of improvement in a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California; said special assessment district known and designated as NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of these proceedings, it appears to be in the best public interest to order certain changes and modifications to the proceedings, the Engineer's "Report", and certain individual assessments. NOW, THEREFORE, BE IT RESOLUED AS FOLLOWS: SECTION l. That the above recitals are all true and correct. SECTION 2. That it is hereby ordered that the changes be made as set forth in the attached Exhibit "A", and the assessment roll shall be modified and amended to reflect the modifications as set forth in said Exhibit "A", and the Engineer is directed to proceed to so modify the Engineer's "Report", assessment roll and diagram where appropriate. SECTION 3. That said changes and modifications are hereby ordered pursuant to the provisions of Section 10352 of the Streets and Highways Code and said changes and modifications will not result in the increase in any indivi- dual assessment or result in the inclusion of any properties not origi- nally within the boundaries of the Assessment District. SECTION 4. That said changes and modifications, as so ordered, are to the best interests of the property owners within the boundaries of the Assessment District and the assessment roll and Engineer's "Report", as modified, shall now stand as the "Report" for all subsequent proceedings relating to this Assessment District. SECTION 5. That no public hearing is required for these changes and modifications inasmuch as said modifications meet the intent and requirements of said Section 10352 of the Streets and Highways Code, and it is further hereby determined that said changes and modifications are in the best public interest and convenience for the Assessment District and the property owners affected thereby. SECTION 6. That said changes and modifications will cause a reduction in certain assessments as set forth in the previously referenced Exhibit "A". The amount of credit given to the respective properties as set forth should be shown on the "Paid and Unpaid List", as certified by the Treasurer, as a credit pursuant to action ordered through the adoption of this Reso- lution. A copy of this Resolution, immediately upon adoption, shall be transmitted to the Office of the Treasurer so that said credit amount can be immediately added to said 1 ist; a copy of said 1 ist shall be kept on file in the Office of the Treasurer, with a duplicate copy on file with the transcript of these proceedings. RESOLUTION N0. 85-109 PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 24th day of october , 1985, by the following vote: AYES BENSON, JACKSON, KELLY, WILSON AND SNYDER NOES �ONE ABSENT NONE NBSTAIN NONE ��. � TES ' � , ' � ' /��' �-�Ll � . ' CITY OF PALM DESERT � STATE OF CALIFORNIA / �J �/ � � � CITY OF PALM DESERT STATE OF CALIFORNIA 0 CITY OF PALM DESERT NORTH SPNERE ASSESSMENT DISTRICT N0. 84-1 EXHIBIT "A" IT IS HEREBY ORDERED that the following assessments are modified to the particulars as set forth below. The reason for the change and modification is to truly reflect the correct benefits to be received from the works of improvement based upon deed restrictions and covenants placed upon the property, inasmuch as said property cannot in any way be developed, and the basic benefit from the works of �mprovement as set forth in the Assessment District is the right to develop said property. The changes and modifications are hereinafter set forth as follows: /�SSESSMENT NUMBER 41 ASSESSOR'S PARCEL N0. 620-170-005-3 CONFIRMED ASSESSMENT $340,643.03 MODIFIED ASSESSMENT $208,831.00