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HomeMy WebLinkAboutCC RES 88-091i ASSESSMENT DISTRICT NO. 88-1 RESOLUTION NO. 88-91 RESOLUTION APPROVING ENGINEER'S REPORT AND APPOINTING TZME AND PLACE FOR HEARING PRflTESTS TO THE PROPOSED PUBLIC IMPROVEMENTS WHEREAS, certain property owners have presented a siqned 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, toqether with appurtenances and appurtenant work and incidental costs and expenses therewith, pursuant to the provisions of Division 12 of the 5treets and xighways Code of the State of California, commonly known as the "Municipal Imgrovement 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 Fiighways 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 cocamunication 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 prepared and filed his Report with the City Clerk of the City Council as provided far in Sections 10203 and 10204 of the Streets and Highways Code of the State of California who has presented it to the City Council for review and consideration; and WHEREAS, the City Council desires to pass on said Report and appoint a time and place for hearing of protests to the proposed improvement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert, California: SECTION 1: That the Report of the Engineer ("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 does not require modification; and that said Report is considered adopted, passed upon and preliminarily approved. SECTION 2: 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. SECTION 3: 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. SECTION 4: That the City Clerk of the City of Palm Desert, State of California, is directed to give notice of the hearing as follows: (a) The Clerk shall cause notices of the passage of the Resolution of Intention and of this Resolution to be posted conspicuously on all open streets within said ��;� -�i� Assessment street so accordance Code. District, not more than 300 feet apart on each posted, but not less than three in all, all in with Division 12 of the Streets and Hiqhways (b� The Clerk shall also give notice of said hearing and of the passage of the Resolution of Intention and of this� Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code in The Palm Desert Post, a newspaper of general circulation published and circulated in the City of Palm Desert, once a week for two successive weeks with at least five (5) days intervening between the respective publication dates not counting such publication dates. Said notices shall be posted and first published at least twenty (20� days before the date set for the hearing of protests. (c) At least twenty (20) days before the date set for hearing of protests, the Clerk shall mail, postage prepaid, notice of said hearing and of the adoption of the Resolution of Intention and the filing and consideration of the Report to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized roll for taxes of the County of Riverside, or who are known to the C1erSc. Upon the completion of the mailing of said notices, the Clerk shall file with this City Council a declaration setting forth the time and manner of the compliance with the requirements of this Resolution for publishing, posting, and mailing notices. SECTION 5: That on the original and on at least one copy of the map of the Assessment District, the Clerk shall endorse a certificate evidencing the date of adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing time and place of the hearing on the formation or extent of the Assessment District, and in no event later than fifteen (15) days prior to such hearing, a certified copy shall be filed in the Office of the County Recorder of the County of Riverside. 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, None None None Attest: / . SAEILA R. G LIGAN, TY CLERK CI'I'Y OF PALM DESER CALIFORNIA Kelly, Snyder, Wilson & Benson 1 � � ry ' / �.�/ Je�n M. Benson, ayor ��