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HomeMy WebLinkAboutCC RES 88-083ASSESSMENT DISTRICT NO. 88-1 RESOLUTION NO. 88-83 RESOLUTION DETERMZNZNG THE SUFFICIENCY OF PETITZON FOR IMPROVEMENTS PROPOSED IN ASSESSMENT DISTRICT NO. 88-1 WHEREAS, certain property owners have presented a signed petition to the City Council o� the City af Pai� Desert, California ("the City Councii") requesting the for- mation 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 faci- lities which may be incidental thereto, together with appur- tenances and appurtenant work and incidental costs and expenses 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," 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 Highway Code; and WHEREAS, the City Council therefore proposes 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, for 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 has checked the names of the signers of the petition against the last equalized assessmPn} ro7.i of the County of �:�:�-=�de, California, and finds that same represents owners ot ��F the area subject to assessment for the proposed improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California: SECTION 1: That }he imArovements referred to in said petition are to be uradertak�n pursuant to the provi- sions of the "Municipal Improvement Act of 1913," being Division 12 of the Streets & Highways Code of the State of California. SECTION 2: That the City Council hereby determines that the qualified signatures to the said petition, as shown by the last equalized assessment roll of the County of Riverside, represent not less than five owners of assessable � land in the proposed assessment district and more than sixty percent (60$) of the total assessable area of the proposed district shown upon the plat or map attached to said petition. `- SECTION 3: That the City Council hereby determines that the said petition meets the requirements for exception to the provisions prescribed in the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," being Section 2804, Division 4 of the Streets & Highways Code; and the City Council intends that said improvements be completed without further reference to or application of the provisions of said Division 4, of the said Code. SECTION 4: That the Engineer of Work is hereby directed to proceed with the preparation of plans and speci- fications and estimate of costs for Assessment District No. 88-1, pursuant to the provisions of Division 12 of the 5treets & Highways Code. -2- 0 RESOL�TIOV �0. 88-R' PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 14th day of July, 1988 by the following vote, to wit: AYES • CRITES, KELLY, S?�Ii'DER, j,1ILSON A.vD BENSON NOES : vONE - ABSENT : i10�1E ABSTAINED: NONE -� I �.-� ,� �✓V�l/ v . • / Jean M. Ben on, Mayor � ,� .�D � � Sheila R. �GXlligan, ty Clerk City of Palm Desert alifornia JEB0629 -3-