HomeMy WebLinkAboutCC RES 77-110RfSOLUTION N0. 77-110
A RESOIUTION Of THE t[TY COlA1CIl OF THE CITY OF PAIK
DESERT. CALIFORlIIA. DECLARING INTEMTION TO OROER THE
COIRTRf1CTI0N OF CERTAIN Il�ROIIEMENTS TOGETHER M1TN
APPURTENANCES AMD APPURTENANT WORK IN COMMECTION
THEREMITH IN A PROPOSED ASSESSMENT OISTRICT PURSUANT
Tp SNE TENRS ANO �ROYISIOltS OF THE "MUMICiPAL IMPROYE-
I�KT ACT OF 1913"; DECLARING THE MORK TO BE OF MORE
TFIAN LOCAL OR ORDINAR� BENEFIT AND DESCRIBING THE
DISTRIC� TO BE ASSESSEO i0 PAr THE COSTS ANO EXPENSES
THEREOF= ANO PROYIOING FOR THE ISSUMICE OF BOMOS.
MHEREAS. tht C1ty Council of the C1tr of Palm Desert, California. does
hKep�r resol ve �s fol l a+s :
SECTION 1. That the public interest ar�G convenience require, and it is
the intent o—in �th1s bodr. pursuant to the prorisio�s of Division 12 of the
Streets end Htqln+ers Code of the State of Callfornia (the "Mu�icipal Improvement
kt of 1913") to order the construction of certain public Morks of improvement,
together with eppurtenances and appurtenant work in a special assessment district
known anE Eesignated as:
ASSESSMIEffT DISTRICt N0. 77-1
(PORtOLA/FLAGSTONE)
(hereinafttr referred to as the "Assessment District").
OESCRIPTION OF IMPROVEMENT
A. The construttion of cerW i� public Norks of improve+nents.
to9ether with appurtene�ces and appurtenant work in connection
tAere++ith in certaln public streets a�M riyfits-of-way in the
Assessment Distrlct and fo� further pa�ticulars, reference is
hereby made to Exhibit 'A' attacheQ hereto. incorporated and so
refere�ced. For further pa�ticulars. �eference is hereDy made
to a map of said Assessment District previously adopted by this
Body and on f11e in the Office of the C1ty Glerk.
6. Said streets and highways are mo�e pa�ticularly sho�n in
the recoM s in the Office of the Cou�ty Recorder and shall be
shown upon the plans he�ei� refe��ed to a�A to be filed with
these proceedin9s.
C. All of said Mork and improvements are to be co�structed
at the places and in the particular locations, of the forms, sizes.
dimensions and materials and at the lines. qrades and elevations
as sfw�m and delineated upon the plans, profiles and specifications
to be made therefore. as hereinafter provided.
0. The descriptlon of the improvements and the te►mini of the
Mork contained in this Resotution are general in nature. All items
of work do not necessarily extend for the full length of the des-
criptfon the�eof. The plans and profiles of the work as contained
in the Engineer's Report. shall be controlling as to the correct
and detailed description thereof.
E. Mhenever any publlc way is herein referred to as runninq
bet++een two public wars. or fran or to any public ti+aY. the inter-
sectlons of the publlc ways �efe►�ed to are included to the extent
that rork shall be shoNn on the plans to be done therein.
►+ge 1
DESCRIPTION OF i1�PR0YEMENT (Continued)
F. Notict is hereby given of the fact that 1n inany cases
s�id Mork •nd t�provewent Mi11 bring the flnished wo�k to a
qr�dt difttrent frow th�t for�erlr extsting. �nd tAat to said
atent said 9r�des are hereDy chenged ard said �rk wi11 be
done to said ch�ng�d gr�des.
DESCRIPTION OF ASSESSMEtIT DISTRICT
SECTION 2• Th�t said 1�proven�ent and ++ork ts of dlrect benefit to the
properties— +�i Tnd MitAin the assess+n�nt dlstrict arM the City Council of the
Citr of P�1� Desert Aerebr iaakes the expenses of said work and improve�nent
cMrge�ble upon a 41st�ict. whfch satd assessment district is hereby declared
to pe the assess+aent dlst�ict benefited by said uork anE in�provement and to
be �ssesseA to par the Costs end expenses thereof, including incidental ex-
penses ind costs. and which is described as follows:
All that ce�tain territory situated in the
CITr OF PALM DESERT� RIVERSIDE COU!rTr, STATE OF CAI.iFORNiA
inctuded Mlthin the exterio� bvundary lines sFw�m on the plat exhibitinq the
prope�ty affected or benefited by or to be assessed to paY the costs a�d ex-
penses of said Mork and iaiprovement in the Assessment District, said map titled
and identified as:
"PROPOSEO BOUNOARIES OF
ASSESSMEN� DISTRICT N0. 17-1"
and Mhich said map Mas he�etofore approved and wfiich said map or diagram is on
file in the Office of the Ctty Clerk. EI(CEPTING ffom the area shown within and
delineated upon said map or ptat hereinabore referred to, the area of all public
streets, public avenues, public lanes. public roads. public drives. public courts,
public alleys and all easeme�ts a�d rights-of-ray therein contained belonqinq to
the puDllc. For all particulars as to the boundaries of the Assessment 0lstrict,
reference is hereby made to said descriptio� of the said Assessment District, the
said plat and Qroposed bou�dary map on file shall govern.
REFORT OF ENGINEER
SECYION 3. That this proposed improvement is hereby �eferred to
HU1tTER T. CQOK
the appointed Superintendent of St�eets and said Superintendent of Streets is
hereby diretted to make and file the report in �iting containinq the following:
A. Plans and specifications of the proposed improvements;
B. M esti�aate of Lhe cost of the proposed works and improvement,
includSng the cost of the incidental expenses in connection therewith;
C. A diagrani shoMing the Assessment District above referred to,
rhich shall also sho++ the boundaries and dimensions of the respective
subdivisions of land within said Assessment Oistrict. as the same
existed at the ti�e of the passage of the Resolution of Intention,
Rewlution No. 77-110. each of wfiich subdivisions shall be given a
separate r�unber upon said Diagram;
0. A proposeA assessaient of the total amount of tfie assessable
tost and expenses of the proposed improvement upon the several divisions
of land in propw�tion to the estimated benefits to be receired by such
wbdirisions, respecttvely, fran said i�nprovtment. Said assessment
shall refer to such subdivisions upon said diagram br the respective
r�bers thereof;
v�ge 2
t
�
REPORT OF ENGINEER (Gontinued)
E. The dest�lption ot the �+o�ks of i�nprove,nent to be constructed
�der tAese procaa�ings and acqutsltton. where necessarr.
Hhen �ny portion or percentage of the cost and expenses of the lmprove-
�ents is W De p+1d trow sources other than assessn�ents. the �nqunt of such
p�tlon or perce�tay� sMll t1�st be dedutted fro� the total estl�aated cost
�nd apenses of s�id work and i�proveeents. and satd assessnKnt shall lnclude
pi�y t� �inder of the estl�ted cost and expe�ses. Sa1d assessment shall
nfer to s�id wbdivisions Dy their respective nunbers as assigned pursuant
�o S�,bdi�lston D ot thls Sectlon.
BONDS
SECTION 4. TM t it is hereby determined anG declared that serial bonds
sMll be ss� u�fe a�cordance with Divtsion 7 of the Streets and HighMays Code
(•i�prorement Act of 1911"), to represent each assessment of Fifty Dollars
(S5p,00). or �o�e. rdneining unpald for thirty (30) Eays after the date of the
rccording of the dlag�am and assessment for this improvement and acquisition.
1he serial bonds shail extend over a period of NINE (9) years from
the second day of Januery. next succeedinq the next eptem er lst following
their Eate.
The prtncipal suin shall become due a�d payable in equal annual parments
on tach Ottober lSth succeeding the September lst followinq the date of the
bonds until fully patd.
The first interest payment shall be payable on the April 15th next
sutteedin9 the March lst or the October 15th next succeedinq the Septembe� lst.
as the tase may be. next followin the date of the bonds. The follo+ring interest
pay�nents shall each be for six (6� months interest and shall be payable on each
fifteenth (15th) day of Ap�il and October. the last interest payment coming due
tAe October 15th 1nn�iately preceding the last an�ual payment of the principal
of the bonds issued to represent the unpaid assessment.
The bonds shall bear interest at a rate to be determined on the sale
thereof. provided. however, that said rate shall not exceed the maximum rate
of EIGHT percent (8�) per annum.
Pursuant to the provisions of the Streets and Hiqhways Code of the State
of California. specifically Section 10603, the City Treasurer is hereby desiqna-
ted as the officer of said City to collect anE receive the assessments, durinq
the cash collection period. Said bo�ds further shall be serviced and collected
by the Citr Treasurer.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein other►+ise provided for the issuance of
bonds. a�sa�d improvement shall be made and ordered pursuant to the provisions
of the "Municipat Improvement Act of 1913". beinq Division 12 of the Streets and
Ri9hMays Code of the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the assessment, it
shall De use�.� such aa+ounts as the City Council may determine. in accordance
rith the provisions of laN for one o� more of the followin9 purposes:
A. Transfer to the general fund of the City provided that the
amount ot any suth transfer shall not exceed the lesser of One
Thousand Oollars (S1.000) or five pertent (5X) of the total amount
expendeA from the I�prove�ent Fund;
or.
8. As a credit upon the assess�aent and any supplemental assessment;
C. For the waintenence of the i�aprove�nent.
F+9e 3
- so�ctk Funo -
SECTION �. lhat the leglslative bodY he�eby establtshes a special
fwd des19^+��
"IMPROYElIEN7 fUNO FOR
ASSESSI�N? DISTRICT N0. 77-1"
i�to MAich tunds �r bt t��nster� •t eny tlaie to expedite the ��aktnq of the
ir�ro,re�ent herel� autho�lted and said tunds are � loan and shall be repald out
of the Dr'aeeds ot the s�l� ot �ssess�nents �s authorized by laM.
PatvArE cohrw�cr
SECTION 8. Not1Ce 1s hereby gtven that, in the opinion of the C1ty
Council. the�ic lnterest w111 not be served by allowin9 ihe Droper'ty owne�s
� t�ke the contract for the construction of the improvements and that, pursuant
to Settion 10502.4 ot the Streets arb H19hways Code, no notice of award of con-
iratt sh�ll De puDl ished.
GRADES
SECTION 9. That notice is hereby glven that the grade to which the
�ork sAall one s to be ShoMn on the plans and profiles therefor. which
g�ades nbr vary from the existinq grades. The aork hereln co�templated shall
be Eone to the grades as indicated on the plans and speciflcations for a descrip-
tion of the grade at +fitch the work is to be done. Any objections or protests
to tAe proposed grade shall be made at the publlc hearinq to be conducteA urMer
these proceedin9s.
PROCEEDINGS INQUIRIES
SECTIOPI 10. For any and all infornw tion relating to these proceedi�qs,
including in or�Tmat on �elatinq to protest procedure. all notices, resolutions.
affidarits and/or certificates, your attention is Airected to the below desiqnated
person at the agency or department indicated:
MR. HUNTER T. COOK
CITY OF PALM DESERT
45-215 PRICKL� PEAR LANE
PALM DESERT, CALIFORNIA 92260
TELEPHONE: (114) 346-0611
COt�ITRI Bllr I OM
SECTION il. The City Council does intend at this time to provide a
contribution to pay the costs and expenses of certain pavement tie-in aork ahere
tAe property owners have p�eviously paid for anG/or constructed curbs ard qutters
fronting and abutting their properties. The E�ginee�'s estimate for the City
contribution shall be as set forth in the Engineer's Report. as required by law.
PETITION
SECTION 12. The proceedings for this special assessment district
have been in t at y a petitfon signed by property o�mers representing more
than 60i of the assessabte a�ea witfiin the bourdaries of the Assessment Oistrict.
Should �ny person M1sh to object to the forn+ or contents of said petition, said
Drotest or objection should be presented to the City Council at the time and
D1ace for the public hearin9 on the Enqinee�'s Report as specified under the
provisions of the "Munitipal In�rove�nent Act of 1913".
Ptqe ;
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BOIID REDEMP? I011 ` �',�
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SftTI011 13. The leglslative body further elects a�d declares that 3 �
����� p v�lons of satd bonds w111 provlde a prd�ium of five percent �
(Ss) on the enwtu� printlpal. ;'
Y�
PASSEO. APPROYED. and ADOPTED by tlk City Council of the tity of
91�. � he o11ar1n9 vote.ttosr+ �'i��` day of October ' '
AYES; Brosh. McPherson, NeMbrander, Mitson 3 Mullins ;
z�
MOES: llone �,-
A9SEIIT: Noee
'i
ABSTAtn: none
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G
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ATTEST:
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L , K
�JTr OF PALM OESERT. CALIfORf1IA
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' RESOlUTION N0. 77-110
CITY O! PAU4 DESERT
11SSESSMFltT DISTRICT NO. 77-1
[ POA?OI.�/!'I.J►GSTON E j
EXHIBIT 'A'
The �+orks oi improv�ent for ASSESSMENT DISTRICT NO. 77-1
[pORTOLA/FLAGSTONE) in the City of Palm Desert, California,
qenerally consist of the followir�q:
The conatruction of certain side++alka, curbs, gutters, croas
gutters, driveway approaches, storm drain improvements, qrad-
inq, evcavation and tie-in pavinq on the west side of
PORTOI.1� AVENUE
frae Plagatone Lane to Grapevine Street, and
GFAPEVINE ST�EFT
fran Portola Avenue weaterly 1,100 feet, approximately,
and
FI.�IGSTONE LANE
from Portola Avenue westerly to its teneius; and
i�iHITESTONE LANE
100 feet northerly of Shada�+ Lane,
all in the City of Palm Desert, California.
!or iurthez particulars, reference ia made to the boundary
�ap of said Assess*ent District on file in the Office of
the City Clerk of said Citp.
-7-" � R�rr..
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