HomeMy WebLinkAboutCC RES 86-059_,�j- �
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RESOLUTION N0. 86-�9
A RESOLUTION OF 11E CiTY OOI�ICIL OF T1� CI11f OF PALM OESERT,
GL 1 FORMI A, SE7TI NG TIlf A!� PIACE FOR PUBL.I C fEAR 1 NG ON
AOOP'T10N OF RESOLUTION OF I�CESSIIY TO OROER AOQl115iTI0N BY
EM I I�EMT DOMA i N PRO(�ED IlIGS.
WHEREAS, the City Council of the City of Palm Desert, California, has
conducted proceedings and formed a speciai assessment distrtct pu�suant to the
terms and provlstons of the "Municipal Improvement Act of 1913", being Dlvision
12 of the Streets and HighWays Code of the State of Celifornia, for the construc-
tion of certain public works of improvement, together with appurtenances and
appurtenant work in connectton therewith, including acquisition where necessa�y;
said special assessment distrlct known and deslgnated as
NORTH SPMERE ASSESSlENT DISTRICT N0. 84-1
(hereinafter referred to as the "Assessment District"); and
WHEREAS, under said speclal assessment distrlct proceedings, it W111
be necessary that certaln rlght-of-way acquisltion be made in order to accomplish
the construction of the works of impravement as proposed, and at this t1me, thfs
governing body is desirous of setting a time and place for a publlc heartng on
the adoption of a Resolutton of Necessity relating to the rlghts-of-way and/or
easements not yet acqulred for the project and improvements 1n said Assessment
District; and
WHEREAS. there has been presented for consideration, a proposed
Resolution of Necessity to Exerclse the Rights of Eminent Oomain relating to
this Assessment District, a copy of which is on file with the transcrlpt of
these proceedings.
MOM, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION l. That the above recitals are a11 true and correct.
SECTION 2. That certain right-of-way acquisition is necessary for the
accomplishment of the fmprovements as proposed for the Assessment
Oistrict, and said rights-of-way are as set forth and described
in the proposed Resolutton of Necessity to Exercise the Right of
Eminent Ovmai�, 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 rtghts-of-way to be
acquired.
SECTION 3. THAT NOTICE IS HEREBY G1VEN THAT ON THURSDAY, THE IOTH DAY OF
JULY, 1986, AT THE HOUR OF 7:00 0'CLOCK P.M., IN THE COUNCIL
CHAMBER. 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 ANO RIGHTS-OF-WAY MECESSARY FOR THE PROPOSED
[MPROVEMENTS IN THE ASSESSMENT OISTRICT. ALL PERSONS OBJECTING
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TO THE PUBLIC INTERES7 AND NECESSITY FOR THE PR0.IECT AND THE
DETERMINAT[ON AS TO WHETHER OR NOT THE PROJECT [S PLANNED OR
LOCATED 1N THE MANNER MM[CH M[LL BE MOST COMPATIBLE WITH THE
GREATEST PUBLIC GOOD. AND THE NECESSITY FOR THE PROPERTY 70 BE
ACQUIREO, 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 NILL RESULT IN A WAIVER OF
TNE RiGHT TO APPEAR AND BE HEARO.
SECTION 4. That for further particulars, reference is made to the proposed
Resolution of Necessity, with the Exhibits attached the�eto, as
on file aith the transcript of these proceedings, and to Section
1245.235 of the Code of Civil Procedure and related Sections
thereto.
PASSEO, APPROVED, and ADOPTED by the City Council of the City of Palm
Desert, California� on this 12th day of June , 1986, by the following vote,
to wit:
AYESz
NOES:
ABSENTs
ABSTAIN:
BENSON, SNYDER, WILSON, KELLY
NONE
JACKSON
NONE
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G
RICHARD S. KELLY, MAYOR
CITY OF PALM DESERT, CALIFORN
ATTEST:
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SHEILA R. GILLIGAN, CI CIERK
CITY OF PALM DESERT,` LIFORNIA