HomeMy WebLinkAboutCC RES 88-085ASSESSMENT DISTRICT NO. 88-1
RESOLUTION NO. 88-85
RESOLUTION EMPLOYING SPECIAL �LEGAL COUNSEL
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 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 proposes to
form an assessment district under the provisions of the
Municipal Imprvvement 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,
Sta:e of California; and
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WHEREAS, it is desirable to employ special legal
counsel to prepare the proceedings and supervise the conduct
of same; and
WHEREAS, Best, Best & Krieger are attorneys
specially trained and experienced in that type of practice
and have submitted a written proposal covering their special
legal counsel services on said legal matters to the City
Council;
NOW, THEREFORE, BE IT RESOLVED, by the City Council
of the City of Palm Desert that Best, Best & Krieger be and
they hereby are appointed to act as special legal counsel
for the purpose of supervising the proceedings and issuing
an unqualified opinion attesting to the validity of the
proceedings and the enforceability of the bonds, said bonds
to be issued pursuant to the terms and provisions of the
"Improvement Act of 1911," being Division 7 of the Streets &
Highways Code of the State of California and that said
special legal counsel shall be compensated for performing
such services according to their proposal letter on file
with the City Clerk, and the Mayor of the City of Palm
Desert is hereby authorized to execute said proposal letter
on behalf of the City of Palm Desert.
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:
NOES:
ABSENT:
ABSTAINED:
CRITES, KELLY, SNYDER, WILSON AND BENSON
NONE
NONE
NONE '� � �
, � /
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JearY: . enson, Mayor
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Sheila R. Gi ligan, ' y Clerk
City of Palm Desert�-California
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JEB0629A