HomeMy WebLinkAboutCC RES 06-050RESOLUTION NO. 06-50
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA APPROVING THE REPORT OF THE ENGINEER IN CONNECTION
WITH PROPOSED HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT
DISTRICT NO. 04-01, SETTING A TIME AND PLACE FOR HEARING PROTESTS
AND CALLING A HEARING PURSUANT TO SECTION 12.12.020 OF THE
MUNICIPAL CODE
RECITALS:
WHEREAS, on April 13, 2006, the City Council adopted its resolution entitled "A
Resolution of the City Council of the City of Palm Desert, California, Declaring Its Intention To
Order Improvements for Proposed Highlands Utility Undergrounding Assessment District No.
04-01 Pursuant to the Municipal Improvement Act of 1913 and in Accordance with Article XIIID
of the California Constitution, to Comply with the Requirements of Division 4 of the California
Streets and Highways Code by Proceeding under Part 7.5 Thereof and to Designate Such District
an Underground Utility District Pursuant to Chapter 12.12 of the Municipal Code and Approving
and Adopting a Modified Boundary Map in Connection Therewith" (the "Resolution of
Intention"), declaring its intention to order improvements (the "Improvements") in connection
with the proposed Highlands Utility Undergrounding Assessment District No. 04-01 (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 "City of Palm Desert
Preliminary Engineer's Report Highlands Utility Undergrounding Assessment District No. 04-
01" (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 and a substantive part of this
Resolution.
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, June 8, 2006, at 4:00
RESOLUTION NO. 06-50
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.
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.
Section 6.
The City Clerk is hereby directed to give notice of the Hearing in accordance with
Article XIIID, Section 4 of the California Constitution and Section 53753 of the
California Government Code by causing a notice of the Hearing and an
assessment ballot to be mailed by first class mail to the record owners of the
parcels in the proposed District not less than 45 days before the date of the
Hearing.
The City Council hereby approves the Procedures for the Completion, Return and
Tabulation of Assessment Ballots presented to the City Council at this meeting
and now on file in the office of the City Clerk and open to public inspection.
Section 7. The City Council hereby designates the Assessment Engineer, telephone number
(800) 755-6864, to answer inquiries regarding the protest proceedings.
P6401-1034\859554.2
RESOLUTION NO. 06-50
PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF April, 2006.
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. 06-50 was regularly adopted by the
City Council of said City of Palm Desert at a regular meeting of said council held on the 13th
day of April, 2006 by the following vote:
AYES: BENSON, CRITES, KELLY, and FERGUSON
NOES: NONE
ABSENT: SPIEGEL
ABSTAINED: NONE
Jim Fe : so`i ; Mayor
City of •._R ' desert, California
ATTEST:
Rachelle D. Klassen, City Cl
City of Palm Desert, California
P6401-1034\859554.2