HomeMy WebLinkAboutCC RES 88-155ASSESSMENT DISTRICT NO. 88-1
RESOLUTION NO. 88- 155
RESOLUTION APPROVING MODIFIED
ENGINEER'S REPORT
WHEREAS, certain owners of property within the City
of Palm Desert, California (the "City") have presented a
signed petition to the City Council of the City ("the City
Council") requesting the formation of an assessment district
to finance the construction of certain public improvements,
including the conversion of existing overhead electric and
communication facilities to underground locations and the
cons�ruction, reconstruction or relocation of any other
electric or communication facilities which may be incidental
thereto, together with app�urtenances and appurtenant work
and incidental costs and expenses therewith, pursuant to the
provisions of Division 12 of the Streets and Highways Code
of the State of California, commonly known as the "Municipal
Improvement Act of 1913," and the provisions of Chapter 28,
Part 3, Division 7 of that Code, in a special assessment
district known and designated as Assessment District No. 88-
1 (the "Assessment District"); and
WHEREAS, the City Clerk of the City of Palm Desert
has certified that the petition presented to the City
Council has been signed by not less than five owners of
assessable land in the proposed Assessment District and
contains the signatures of owners owning more than sixty
percent (60�) of the property of the assessable area subject
to assessment for the proposed works of improvement and
complies with the requirements of Sections 2804 and 5896.6
of the California Streets and Highways Code; and
WHEREAS, the City Council therefore propoaes
to form an assessment district under the provisions of the
Municipal Improvement Act of 1913, Division 12 of the
Streets and Highways Code of the State of California, to
finance the construction of certain public improvements on
behalf of the properties within the proposed assessment
district, including the conversion of existing overhead
electric and communication facilities to underground
locations, and the construction, reconstruction or
relocation of any other electric or communication facilities
which may be incidental thereto, together with appurtenances
and appurtenant work and incidental costs and expenses in
connection therewith, all for the benefit of lands within
the exterior boundaries of the proposed Assessment District,
all within the exterior boundaries of the City of Palm
Desert, County of Riverside, State of California; and
WHEREAS, the Engineer of Work previously prepared
and filed a report in writing on such improvements with the
City Clerk of the City as provided for in Sections 10203 and
10204 of the Streets and Highways Code of the State of
California who presented such report to the City Council for
review and consideration at its meeting on July 14, 1988;
and
WHEREAS, on July 14, 1988, the City Council adopted
Resolution No. 88-91, preliminarily confirming the written
report of the Engineer of Work, setting 7:00 p.m. on
September S, 1988, and the City Hall of the City of Palm
Desert in the County of Riverside, State if California, 73-
510 Fred Waring Drive, Palm Desert, California, as the time
and place for hearing protests to said proposed improvement,
and providing for notice of such hearing to be given by the
City Clerk; and
WHEREAS, said public hearing was duly opened on
September 8, 1988 and thereafter continued from time to time
by the City Council to October 27, 1988 and thereafter to
December 8, 1988 and on December 8, 1988 the City Council
reopened said continued public hearing regarding the
conversion of existing overhead electric and communication
facilities to underground locations; and
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Palm Desert, California:
SECTION 1: That the modified report of the
Engineer of Work (the "Report") contains all matters
required by Section 10204 of the Streets and Highways Code
of the State of California and is therefore in proper form
as presented and modified and does not require further
modification; and that said Report is considered adopted,
passed upon and approved in final form.
SECTION 2: That the provisions of this resolution
approving the modified Engineer's Report shall control and
govern for all particulars relating to this Assessment Dis-
trict and that this resolution by its adoption amends Reso-
-2-
lution No. 88-91 by approving an adopting the Report of the
Engineer of Work, as modified.
PASSED, APPROVED AND ADOPTED by the City Council of
the City of Palm Desert, California, on this 8th day of
aecember, 1988 by the following vote, to wit:
AYE S: gENSON, KELLY, SNYDER,WILSON
NOES : NONE
ABSENT : CRITES
ABSTAINED: NONE i
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Sheila R.�illigan City Clerk
City of Palm Dese , California
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