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HomeMy WebLinkAboutCC RES 87-017RESOLUTION N0. 87-17 A RESOLUTION OF THE CITY COUNC[L OF THE C1TY OF PALM DESERT, CALIFORNIA, ORDERING CHANGES AND MOOIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT OISTRICT PURSUANT TO THE " 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 ASSESSMENT DISTRICT N0. 83-1 (hereinafter referred to as the "Assessment District"); and WHEREAS, subsequent to the confirmatlon 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 modifica- tions to the proceedings, the Engineer's "Report", and certain individual assessments. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the above changes, modifications and credits to the assess- ments are hereby ordered and authorized, based upon the deletion of certain proposed work, which work will be performed by the property owner and thus not included within the proposed assess- ment for the works of improvement for these proceedings. SECTION 3. 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 modlfy the Engineer's "Report", assessment roll and dlagram where appropriate. SECTION 4. 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 indivfdual assessment or result in the inclusion of any properties not originally within the boundaries of the Assessment District. SECTION 5. 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 modifled, shall now stand as the "Report" for all subsequent proceedings relating to this Assessment Dlstrict. -z- SECTION 6. That no public hearing is required for these changes and modifica- ttons tnasmuch as said modiffcations meet the intent and requlre- ments of said Section 10352 of the Streets and Highways Code, and tt ts further hereby determined that said changes and modlfica- tions are in the best public interest and convenience for the Assessment DistrSct and the property owners affected thereby. SECTION 7. That said changes and modifications will cause a reduction in certain assessments as set forth in the prevtously referenced Exhibit "A". Inasmuch as said changes shali eliminate certain works of improvement and/or reduce the estlmated benefits to be received from the improvements for certain properties within the Assessment District, it is hereby ordered that the credits, as set forth in said Exhibit "A", shall be applied on the individual assessments in the manner provided 1n Section 10427.1 of the Streets and Hlghways Code of the State of California. SECTION 8. The works of improvement, as proposed for the proceedings, are also ordered herein to be modified, with the deletion of the private property work for those parcels as set forth in the attached and incorporated Exhibit "A". SECTION 9. Said monies, as appropriate, shall be transferred from the Improvement Fund to the Redemption Fund to provlde the appropriate credits as herein ordered. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 12th day of March , l987, by the foilowing vote, to w1t: AYES: BENSON, NOES: NONE ABSENT: NONE ABSTAIN: NONE CRITES, SNYDER, WILSON, KELLY � J� RICHARD S. KE�LY, MAY R CITY OF PALM DESERT, CALIFORN ATTEST: SHEILA R. GIL,ICIGAN, CITY,�?ERK CITY OF PALM DESERT, CAL�ORNIA EXHIBIT "A" ASSESSMENT NUMBER 9.016 CITY OF PALM DESERT ASSESSMENT DiSTRICT 83-1 MODIFICATION OF ASSESSMENTS CONFIRMED-ASSESS MODIFIED-ASSESS 1,866.63 CREDIT 1,866.63 10.033 3,894.23 [��ili7 3,356.03 538.20