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HomeMy WebLinkAboutCC RES 03-018RESOLUTION NO. 03-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA APPROVING THE REPORT OF THE ENGINEER IN CONNECTION WITH PROPOSED SILVER SPUR RANCH UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 01-01, SETTING A TIME AND PLACE FOR HEARING PROTESTS AND CALLING A HEARING PURSUANT TO SECTION 12.12.020 OF THE MUNICIPAL CODE The City Council of the City of Palm Desert, California (the "City Council") does resolve as follows: WHEREAS, on February 13, 2003, the City Council adopted its Resolution No. 03-17 (the "Resolution of Intention"), declaring its intention to order improvements (the "Improvements") in connection with the proposed Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 (the "District"); and WHEREAS, the Resolution of Intention referred the Improvements to MuniFinancial, as assessment engineer, (the "Assessment Engineer") to make and file with the City Clerk a report in writing in accordance with Article XIIID, Section 4 of the California Constitution and Section 10204 of the California Streets & Highways Code (the "Code"), which report shall also contain all of the information required by Section 2961 of the Code and Section 12.12.030 of the Palm Desert Municipal Code (the "Municipal Code"); and WHEREAS, the Assessment Engineer has made a report entitled "Silver Spur Ranch Utility Undergrounding Assessment District No. 01-01 Engineers Report" (the "Report") and has filed such report with the City Clerk; and WHEREAS, the City Clerk has presented the Report to the City Council. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. The above recitals are all true and correct. Section 2. The Report has been considered by the City Council, and such report is hereby preliminarily approved as filed. Section 3. The City Council hereby calls a public hearing (the "Hearing") pursuant to Section 12.12.020 of the Municipal Code for Thursday, April 10, 2003, at 4:00 p.m., or as soon thereafter as feasible in the Council Chambers, 73-510 Fred Waring Drive, Palm Desert, California to consider whether the public necessity, health, safety, or welfare require the removal of poles, overhead wires, and associated overhead structures within the District and the underground installation of wires and facilities for supplying electric, communication, or similar or associated service. At the Hearing all interested persons shall be given an opportunity to be heard. P6401/1031/721630.3 [This page has intentionally been left blank.] Section 4. The City Council further appoints the time and place of the Hearing as the time and place for hearing protests to the proposed assessment. Section 5. The City Clerk is hereby directed to give notice of such Hearing in accordance with law and to include with such notice the ballot required pursuant to Article XIIID, Section 4 of the California Constitution and Section 53753 of the California Government Code. Section 6. The Procedures of the City applicable to the completion, return and tabulation of ballots currently on file in the office of the City Clerk are hereby approved. The City Clerk is hereby directed to maintain a copy of such Procedures on file in the office of the City Clerk. Section 7. The City Council hereby designates the Assessment Engineer, telephone number (800) 755-6864, to answer inquiries regarding .the protest proceedings. RESOLUTION NO. 03-18 PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF FEBRUARY, 2003. STATE OF CALIFORNIA COUNTY OF RIVERSIDE ss. CITY OF PALM DESERT I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No.03-18 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on thel3th day of February, 2003 by the following vote: AYES: CRITES, FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: NONE ABSTAINED: NONE r -4- le D. Klassen, City Clerk Y`I''' "ki JJ. n M. Benson, Mayor ity of Palm Desert, California P6401 / 1031 /721630.3