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Home My WebLink AboutCC RES 88-089ASSESSMENT DISTRICT NO. 88-1 RESOLUTION NO. 88-89 RESOLUTION DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTE- NANT WORK IN PROPOSED ASSESSMENT DISTRICT NO. 88-1 PURSUANT TO THE TERMS AND PROVI- SIONS OF THE MUNICIPAL IMPROVEMENT ACT OF 1913; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS 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," (the "Act") 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 Eive owners oE 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 28U4 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 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, RESOLUTIUN 88-89 including the conversion of existing overhead electric and communication facilities to underground locations, and the c,onstruction, reconstruction or relocation of any other f 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 City of Palm Desert, County of Riverside, State of California; and WHEREAS, the City Council hereby finds that the public interest, convenience and necessity require the construction, acquisition and installation of these public improvements on behalf of the properties within the proposed Assessment District, including but not limited to, 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, and acquisition of certain land, easements and rights-of-way necessary therefor together with appurtenances and appur- tenant work and incidental costs and expenses in connection therewith, for the benefit of lands within the exterior boundaries of the proposed Assessment District and that the project is feasible and that the lands to be assessed will be able to carry the burden of the proposed assessments and to pay the costs and expenses thereoE, now therefore, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California: 1. Description of Improvement. That the public interest, convenience and necessity require, and it is the intention of the City Council, pursuant to the provisions of the Act to order the construction, acquisition and installa- tion of the improvements, including, but not limited to, the conversion of existing electric and communication facilities to underground locations and the construction, reconstruc- tion or relocation of any other electric or communication facilities which may be incidental thereto, and the acquisi- tion of land, rights-of-way and easements necessary for such improvements, together with appurtenances and ap�urtenant work and incidental costs and expenses in connection with the proposed Assessment District and for the benefit of lands within the exterior boundaries oE the proposed Assess- ment District, all of which will be located in the City of Palm Desert, County of Riverside, State of California, described as follows: The conversion of existing overhead and communication facilities to underground -2- RESOLUTION 88-89 . locations along Cook Street, Fred Waring Drive, Portola Avenue and San Jacinto Avenue, all within the City of Palm � Desert, California, as more particularly shown on the map of the Assessment District on file in the Office of the City Clerk. This description of the improvements is intended to be general in nature and the plans and specifications of the improvements contained in the report of the engineer shall be controlling as the correct and detailed description thereof . 2. Description of Assessment District. That the improvements will be of direct benefit to lands within the proposed Assessment District which is hereby declared to be the district benefited by said improvements and to be assessed to pay the costs and expenses thereof. The proposed District shall be known as Assessment District No. 88-1, and shall have the exterior boundaries as shown on a map of the district entitled "Proposed Boundaries of Under- grounding Assessment District No. 88-1 in the City of Palm Desert, Riverside County, State of California," that is on file in the office of the Clerk of the City Council. Refer- ence is hereby made to said map for a full and complete description of the proposed Assessmerit District and said map shall govern for all details as to the extent of the proposed Assessment District. 3. Report of Engineers. That the proposed improvements are hereby referred to the Engineer of Work, and that said Engineer is hereby directed to make and file with the City Clerk a report (the "Report") in writing presenting the following: (a) Plans improvements which improvements to be Assessment District; and specifications of the proposed shall indicate the class and type of provided for each zone within the (b) A general description of works or appliances already installed and any other property necessary or conve- nient for the operation of the improvements, if the works, appliances. or property are to be acquired as part of the improvements; (c) An estimate of the cost of the proposed work and improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection therewith, including any cost of registering the bonds; -3- RES�LU'I'IU;v 38-89 (d) A diagram showing: (i) the exterior bounda- ries of the Assessment District, (ii) the boundaries of the , zones within the Assessment District, and (iii) the lines and dimensions of each parcel of land within the Assessment District. Each subdivision or parcel, including each sepa- rate condom-inium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the cost and expenses of the proposed improvements and acquisitions upon the several subdivisions or parcels of land in the Assessment District in proportion to thP esti- mated benefits to be received by said subdivisions, respec- tively, from the improvements. The assessment shall refer to such subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section 3. 4. Notice of Hearing. That the time of 7:00 p.m. on August 11, 1988, in the City Council Chambers of the City of Palm Desert, 73-510 Fred Waring Drive, Palm Desert, California, is appointed as the time and place for hearing protests to the proposed improvement. Any and all persons having any objections to the proposed public improvements, acquisition, if any, or assessment, or extent of the Assessment District, or the proposed grades, may appear and show cause why said work should not be done or carried out in accordance with the Resolution of Intention and the Report of the Engineer of Work. Protests must be in writing and must be delivered to the City Clerk of the City Council at or before the time set for the hearing. 5. Proceedings Inquiries. That this City Council does hereby designate Pat Conlon, Director of Building and Safety of the City of Palm Desert, telephone number (619) 346-0611, as the person to answer inquiries regarding the protest proceedings. 6. Disposition of Surplus Funds. If after completion of the improvements and the payment oE all claims from the Improvement Fund the City Council determines that a surplus remains in the Improvement Fund by reason of the assessment and any supplemental assessment levie� for said improvements, any such surplus shall be used as follows: -4- � RESOLUTION 88-89 (a) For transfer to the general fund of the City of an amount not to exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5�) of the total amount expended from the Improvement Fund; and (b) As a credit upon the assessment and any sup- plemental assessment, in the manner provided in Section 10427.1; or (c) For the maintenance of the Improvement. 7. Property Owners Taking Contract. That it is hereby determined and declared that the public interest will not be served by allowing the owners of the lands assessed liable to be assessed, or their agents, to take a contract for the acquisition and installation of the improvements. 8. Private Utility Damages. Pursuant to Section 10201.1 of the California Streets and Highways Code, the City Council orders that �private utilities damages as defined therein, shall be included in the assessment to be contained in the Report pursuant to Subdivision (e) of Section 3 hereoE. 9. Grades. Notice is hereby given that the grade to which the work shall be done shall be as shown on the plans and profiles therefor, which grade may vary from the existing grades. With the written consent of the property owner, work may be done on private property to eliminate any disparity in level or size between the improvement and private property, if the Engineer of Work determines that it is more economical to do such work on private property than to adjust the work on public property as provided in Section 10100.1 of the Act, such work shall be assessed to the parcel of land on which such work was done. The work herein contemplated shall be done to the grades indicated on the plans and specifications. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. 10. Intention to Enter Into Agreement With Public Utility. That it is the intention of the City Council to enter into an agreement with Southern California Edison Company under the provisions of Chapter 2, commerlcing with Section 10100 of the Streets and Highways Code to provide for the conversion of overhead electric and communication facilities to underground locations. -5- RESOLUTION N0. 88—�� " PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 14th day of suly, 1988 by the following vote, to wit: , AYES • CRITES, KELLY, SNYDER, WILSOPi AND BENSON NOES : NONE ' ABSENT : NONE ABSTAINED: NONE . � � ,� � � 1�J �� .,� ,�. _ - Jea � M. Benson, Mayor �_ i TT b�T : _. > /; , � '/�•% l / �' /� . �/ �. � , � � / . ��G� — � {;�� c' r. i J�Sheila R. i�ligan,i C ty Clerk City of Palm Deser��,�California -6- JEB0629G