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Home My WebLink AboutCC RES 88-1570 RESOLUTION NO. 88-157 ASSESSMENT DISTRICT NO. 88-1 RESOLUTION MODIFYING ASSESSMENT, CON- FIRMING ASSESSMENT AS MODIFIED AND ORDER- ING CONVERSION OF OVERHEAD TO UNDERGROUND FACILITIES r I WHEREAS, certain property owners have presented a signed petition to the City Council of the City of Palm Desert, California ("the City Council") requesting the formation of an assessment district for the construction of certain public improvements, 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 incidecltal costs atid 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 Improvemerit 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 "Assessmerit 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 tharl five owriers of assessable land in the proposed assessmerit district ac�d 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, on July 14, 1988, the City Council. adopted Resolution No. 88-89, the Resolution of Intention for Assessment District No. 88-1, declaring its intention, pursuant to the provisions of Division 12 oE the Streets and Highways Code of the State of California, the. Municipal Improvement Act of 1913, to order the construction of certain public improvements in said assessment district, and referring the proposed improvement to Richard Folkers, the Engineer of Work for said assessment district proceedings, and directing said Engineer of Work to make and Eile with the City Clerk a report in writing pursuant to Section 10204 of said Code; and WHEREAS, the Engineer of Work made and filed wi.th the Clerk on July 14, 1988, a repart in writing on such improvement conforming with the requirements of said Section 10204, and the City Clerk has presented such report to this City Council for consideration; 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 8, 1988, and the City Hall of the City of Palm Desert in the County of Riverside, State of 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 September 8, 1988 and Council to October 27, 1988 and on December 8, continued public hearing to the conversion of communication facilities public hearing was duly opened on thereafter continued by the City 1988 and thereafter to December 8, 1988, the City Council opened said for the purpose oF hearing protests existing overhead electric and to underground locations; and WHEREAS, notice of said public hearing and the continued public hearing of December 8, 1988 of protests to such improvement was duly posted, published, and mailed, as shown by affidavits and declarations on file with the City Council in the manner prescribed by law; and WHEREAS, at the time and place -fixed in suct� riotice a continued public hearing�was duly held by the City Council whereat all written appeals, protests or objections, if any, were duly presented and read, and all persons desiring to be heard thereon were heard, and whereat the City Council gave all persons present an opportunity to be heard in respect of any matter relating to said improvement, to any act or determination of the City Council in relation thereto, to any matter in connection with said report, or to the correctness of the assessment or diagram, or to any other matters relating to these proceedings; and WHEREAS, at said continued public hearing, the Engineer of Work advised the City Council that as a result of the finalization of Phase II undergrounding cost estimates for the Assessment District the proposed assessment and the proposed amount of money assessed on each parcel of property shown and designated as situate within the Assessment District, including Phase II, should be included in the assessment and the Report of the Engineer of -2- 1 _J Work as preliminarily approved should be modified appropriately. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA: Section 1. Waiver of Protest. That certain property owners have presented a signed Petition to the City Council of the City of Palm Desert ("the City Council") requesting the formation of an assessment district for the construction of public improvements, together with appur- tenances and appurtenant work in connection 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," in a special assessment district known and designated as Assessment District No. 88-1 ("Assessment District") and the City Clerk of the City of Palm Desert has certified that the Petition presented to the City Council has been sugbed 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 of the property subject to assessment for the proposed works of improvement and meets the requirements of Section 2804 and 5896.6 of the Streets and Higtiways Code of the State of California. Section 2. Protests. That said continued public hearing has been duly held; that each and every step in the proceedings prior to and including said continued public hearing has been duly and regularly taken; that the written protests received by the City Clerk at� or before the con- tinued public hearing are not signed by the owners of more than one-half (1/2) of the�area of land included within said assessment district; and that said protests are hereby over- ruled. Section 3. Necessity. That the public interest, convenience and necessity require the installation of said improvement and the acqtiisition oE land, ri.ghts-of-way, and easements necessary thereto as described in the said report of the Engineer of Work, and that said improvement and acquisitions are planned and located in the manner most compatible with the qreateGt puhli� Qoc�� n� �h� �p��'+ --� �' r � • 1 • �.'7i�y� • � � /.. ,�' - , . , . Section Q. Benefit. That all the land includP�i within the boundaries of said assessment district as shown on the diagram thereof will be specially benefited by said improvements; and that the proposed assessment of the total amount of the cost and expenses of said improvement upon the � several parcels and subdivisions of land in said assessment district is in proportion to the benefits ta be received by such parcels and subdivisions, respectively, from the improvement. � Section 5. Modification of Assessment. That the proposed assessment and the proposed amount of money assessed on each parcel of property included in the assess- ment shall be modified as provided in the modified assess- ment presented by the Engineer of Work to the City Council at the hearing of protests.. Section 6. Confirmation of Assessment. That the City Council does hereby confirm the assessment as modified and the diagram, and orders the proposed improvement to be made and the land, rights-of-way and easements necessary thereto to be acquired in accordance with the plans and specifications therefore prepared by Southern California Edison and incorporated by reference in the said report of the Engineer of Work. Section 7. Recordation of Assessment and Dia- gram. That the City Clerk shall transmit said assessment and diagram to the Superintendent of Streets who shall record them in a substantial book to be kept for the purpose in his office; and that the City Clerk shall also record a copy of the diagram and a notice of assessment in the form prescribed by Section 3114 of the Streets and Highways Code of the State of California in the office of the County Recorder of Riverside County. Section 8. Notice. That the City Clerk shall mail notice of the recording of the assessment to the owners of the property assessed as provided in Sections 10404 and 5364 of said Code and shall also give notice of the recording of the assessment by publication in the Palm Desert Post as provided by said Section 10404. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 8th day of December, 1988 by the following vote, to wit: AYES: I3F,NSON, KELLY, SNYDER, WILSON NOES : NONE ABSENT : CRITES ABSTANINED: NONE Sheila R. G City of Palm � ' i/ an, City Clerk ert, ifornia -4-