HomeMy WebLinkAboutCC RES 85-081RESOLUTION N0. 85-81
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 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, 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 des i gn ated as
NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1
(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 the accomplishment
of the improvements as proposed for the Assessment District, and said
rights-of-way are as set forth and described in the proposed Resolution
of Necessity to Exercise the Right of Eminent Domain, a copy of which is
on file with the transcript of these proceedings, with an Exhibit
attached thereto setting forth the proper and legal description of all
rights-of-way to be acquired.
SECTION 3. THAT NOTICE IS HEREBY GIVEN THAT ON THURSDAY, THE 12TH DAY OF SEPTEMBER,
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 PLANNEO OR LOCATEO IN
THE MANNER WHICH WILL BE MOST COMPATIBLE WiTH THE GREATEST PUBL IC GOOD,
AND THE NECESSITY FOR THE PROPERTY TO BE ACQUIRED, SNOULD 8E PRESENT AT
SAID 7IME AND PLACE. PURSiJANT TO SECTION 1245.235 OF THE CODE OF CIVIL
PROCEDURE, THE FAILURE TO FILE A WRITTEN REQUEST TO APPEAR AND BE HEARD
WITHIN FI�TEEN (15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT IN
A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD.
SECTION 4. That for further particul ars, reference is made to the proposed Resol u-
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 rel ated Sections thereto.
r _
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
California, on this 25th day of July , 1985, by the following vote:
AYES BENSON, KELLY, WILSON AND SNYDER
N OE S NONE
ABSENT JACKSON
ABSTAI N NONE
ATTEST:
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CITY OF PAL DESERT
STATE OF CALIFORNIA
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CITY OF PALM DESERT
STATE OF CAL IFORN IA