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RESOLUTION N0. 85-60
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, SETTING TIME AND PLACE
FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF
NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN
PROCEEDINGS
WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, is conducting
proceedings for a speci al assessment di strict pursuant to the terms and provi sions of
the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the construction of cert ain public
works of improvement, together with appurtenances and appurtenant work in connection
therewith, including acquisition where necessary; said special assessment district
known and designated as
ASSESSMENT DISTRICT N0. 83-1
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, under said special assessment district proceedings, it will be necessary
that certain right-of-way acquisition be made in order to accomplish the construction
of the works of improvement as proposed, and at this time this governing body is
desirous of setting a time and place for a public hearing on the adoption of a Reso-
lution of Necessity relating to the rights-of-way and/or easements not yet acquired
for the project and improvements in said Assessment District; and,
WHEREAS, there has been presented for consideration, a proposed Resolution of Neces-
sity to Exercise the Right of Eminent Domain relating to this Assessment District, a
copy of which is on file with the transcript of these proceedings.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above reci tal s are al 1 true and correct .
SECTION 2. That certain right-of-way acquisition is necessary for
of the improvements as proposed for the Assessment
rights-of-way are as set forth and described in the
of Necessity to Exercise the Right of Eminent Domain,
on file with the transcript of these proceedings
attached thereto setting forth the proper and legal
rights-of-way to be acquired.
the accompl i shment
District, and said
proposed Resolution
a copy of wh ich i s
, wi th an Exh ibi t
description of all
SECTION 3. THAT NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 8TH DAY OF AUGUST, 1985,
AT THE HOUR OF 7:00 0'CLOCK P.M., IN THE COUNCIL CHAMBERS, CITY HALL, ANY
AND ALL PERSONS WHERE EASEMENTS OR RIGHTS-OF-WAY ARE TO BE ACQUIRED, WILL
HAVE AN OPPORTUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE
ADOPTION OF THE RESOLUTION OF NECESSITY TO EXERCISE THE RIGHT OF EMINENT
DOMAIN TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED
IMPROVEMENTS IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO THE
PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMINATION AS TO
WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN THE MANNER WHICH WILL
BE MOST COMPATIBLE WITH THE GREATEST PUBL;C GOOD, AND THE NECESSITY FOR
THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT AT SAID TIME AND PLACE.
PURSUANT TO SECTION 1245.235 OF THE CODE OF CIVIL PROCEDURE, THE FAILURE
TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS
AFTER THE MAILING OF THIS NOTICE WIL� RESULT IN A WAIVER OF THE RIGHT TO
APPEAR AND BE HEARD.
SECTION 4. That for further particulars, reference is made to the proposed Resolu-
tion of Necessity, with the Exhibits attached thereto, as on file with
the transcript of these proceedings, and to Section 1245.235 of the Code
of Civil Procedure and related Sections thereto.
.
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RESOLUTION N0. 85-60
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
California, on this 13th day of June , 1985, by the following vote:
AYES BENSON, JACKSON, KELLY, WILSON AND SNYDER
NOES NONE
ABSENT NONE
ABSTAIN NONE ,7
- /���t L' �L � �t�.�
MAYOR
CITY OF PALM DESERT
STATE OF CALIFORNIA
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CITY OF PALi�( DESERT
STATE OF CALIFORNIA