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HomeMy WebLinkAboutCC RES 82-057RESOLUTION N0. 82-5� RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DIST- RICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING F�t THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA (hereinafter referred to as "Agency") DOES HEREBY RESOLVE AS FOLLOWS: SECTION l. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913" ), to order the construction of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and des i gnated as ASSESSMENT DISTRICT N0. 81-1 (SHADOW MOUNTAIN DRIVE AREA) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction of certain improvements, together with appurtenances and appurtenant work and acquisition, if necessary, in certain public streets and rights-of -way in the Assessment District, as set forth in Exhibit "A" attached � hereto, incorporated and so referenced. For further �. particulars, reference is hereby made to a map of said ! Assessment District previously adopted. l B. Said streets, rights-of -way and easements shall be shown upon the plans herein ref erred to and to be filed with these proceedings. C. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the Engineer's "Report" shall be controllinq as to the correct and detailed description thereof. E. Whenever any public way is herein ref erred to as running between two public ways, or from or to any public way, the intersections of the public ways ref erred to are included to the extent that work shall be shown on the plans to be done therein. F. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent, s aid grades are hereby ch anged and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work are of direct benefit to the properties and land within the Assessment District, and Agency hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: Al1 that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT N0. 81-1 (SHADOW MOUNTAIN DRIVE AREA)" and which said map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of -way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proposed boundary on file shall govern. REPORT OF ENGINEER � SECTION 3. That this proposed improvement is hereby ref erred to the appointed SUPERINTENOENT OF STREETS, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, includinq the cost of the incidental expenses in connection therewith. C. A diagram showinq the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be constructed under these proceedings, and acquisition, where necessary. When any portion or percent age of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentaqe shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection 0. of this Section. BONDS SECTION 4. That it is hereby determined and declared that serial bonds be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bond shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September lst follawing their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12� per annum. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September lst following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March lst or October 15th next succeeding the September lst, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable on each 15th day of April and October, the last interest payment coming due on the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid �assessments. � Pursuant to the provis�ons of the Streets and H�ghways Code of the State of California, specifically Section 10603, the Agency Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced and collected by the Agency Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the Aqency may determine, in accordance with the provisions of law for one or more of the followinq purposes: A. Transfer to the general fund of the Agency; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; 6. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. That the legislative body of Agency hereby establishes a special fund designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT N0. 81-1 (SHADOW MOUNTAIN DRIVE AREA) into which funds may be transferred at any time to expedite the � making of the improvement herein authorized, and said funds are a loan and shall be repaid out of the proceeds of the sale of assessments as authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements, and that, pursuant to Section 10502.4 of the Streets and Highways Code of the State of California, no notice of award of contract shall be published. GRADES SECTION 9. 7hat notice is hereby given that the grade to which the work shall be done 15 to be shown on the pl ans and prof i 1 es theref or , wh ich grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedinqs. PROCEEDINGS INQUIRIES r SECTION 10. For any and all information relating to these proceedings, i ; including information relating to protest procedure, your �- attention is directed to the below designated person at the department indicated: BARRY McCLELLAN, DIRECTOR PUBLIC WORKS CITY OF PALM DESERT 45-275 PRICKLY PEAR LANE PALM DESERT, CA 92260 TELEPHONE: (714) 346-0611 PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a public f unction shall be omitted from assessment in these proceedings unless expressly provided and listed herein. BOND REDEMPTION AND DELINQUENCY SECTION 13. The leglsiative body further elects to provide that said bonds, upon redemption, shall provide a preimum of five percent (5%) on the unmatured principal, and said language shall be added to the redemption clause in the bond form to require the property owner to pay said premium in order to discharge the obligation af the lien. This legislative body further elects and declares to have the Treasurer retain the first two percent (2%) penalty as a cost of servicing the delinquency, and the bond shall declare that said penalty first imposed shall be retained by the Treasurer. DIVISION 4 PROCEEDINGS SECTION 14. Agency intends to fully comply with the proceedings and provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Hiqhways Code of the State of Cal iforni a. A report, as required by said Act, will be on file with the transcript of these proceedings and open for public inspection. , PASSED, APPROVED and ADOPTED by the City Counci 1 of the City of Palm Desert, California, on this 20th day of May , 1982, by the following vote: AYES: McPherson, PJewbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: None ABSTAIN: None / � /%� CITY �OF PALM DESERT � STATE OF CALIFORNIA EST: . � /� � CITY OF PALM DESERT STATE OF CALIFORNIA 0 CITY OF PALM DESERT ASSESSMENT DISTRICT N0. 81-1 (SHADOW MOUNTAIN BOULEVARD AREA) EXHIBIT "A" The works of improvement proposed to be constructed are qenerally desscribed as follows: The construction of certain curbs, gutters, pavement matching, replacement of certain cross-gutters, and driveway approaches, together with appurtenances and appurtenant work, excluding acceptable improvements in place in ASSESSMENT DISTRICT N0. 81-1 (SHADOW MOUNTAIN DRIVE AREA).