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HomeMy WebLinkAboutCC RES 85-014RESOLliTION �0. 85-I4 A RESOLUTION OF THE CITY COL'NCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING A PROPOSED RESOLL'�TION OF INTENTION AND REQL'ESTING CONSENT AND JURISDICTION WHEREAS, the City Council of the City of Palm Desert, California, proposes to construct certain public works of improvement, together with acquisition where necessary, appurtenances and appurtenant work, in a special assessment district known and designated as NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1 (hereinafter referred to as the "Assessment District"), and as set forth and described in the proposed Resolution of Intention annexed hereto; and it is the opinion of this City Council that the purpose sought to be accomplished by said work, appurtenances and improvements can best be achieved by a single comprehensive scheme of improvement, with proceedings conducted 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; and WHEREAS, it is required and hereby further requested that the consent of the City of Rancho Mirage and the County of Riverside (hereinafter referred to collectively as the "Agencies") be procured to the making of said improvements, acquiring necessary property and rights-of-way, if necessary, and assessing benefited parcels, all as described in the proposed Resolution of Intention, a copy of which is attached hereto. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOw'S: Section l: That the above recitals are all true and correct. Section 2: That the proposed Resolution of Intention attached hereto be, and the same is hereby adopted and approved as the proposed Resolution of Intention for the work and improvements and appurtenances above referred to in the Asssessment District, and that the consent of the Agencies is hereby requested for the following: l. Formation of the Assessment District; 2. Au[hority to order improvements; 3. Authority and power to acquire rights-of-way, where necessary; 4. Power to assess benefited properties; 5. The assumption of jurisdiction by this City Council for all purposes in connection with the Assessment District; 6. The consent and approval of the enclosed proposed Resolution of Intention; and 7. Consent to and approval of the map forwarded indicating the extent of territory included in the proposed Assessment District. Section 3: The City Clerk is hereby directed to forward a certified copy of this Resolution, together with the proposed Resolution of Intention attached hereto, and a copy of the map indicating the extent of the territory included in the proposed Assessment District to the Agencies. Section 4: Certain of the works of improvement and the properties to be assessed lie not within the boundaries of this City but within tl�e jurisdictional boundaries of the Agencies. PASSED, APPROVED, and ADOPTED by the City Council of the City of Palm Desert, California, on this 28th day of February, 1985, by the following vote, to wit: AYES: BENSON, �IOES : NONE ABSEI�'T: NONE ABSTAIN: NONE JACKSON, KELLY, WILSON AND SNYDER ATTEST: � .�'�".: / �� � :�._�.�,. ��-�- � � . SHEILA R GILLIGAN, GITY CLERI� CITY OF PAL.'�i DESERT, CALIFORNIA i �/ WALTER H. S\TYDER, MAY EXHIBIT TO RESOLUTION N0. 85-14 RESOLUTION N0. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE- MENTS, TOGETHER WITH APPURTENANCES, IN A PRO- POSED 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 OISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, 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 Hiqhways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the construction of certain public improvements, toqether with appurtenan�es and appurtenant work, in a special assessment district known and desiqnated as NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1 (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction and installation of street, sanitary sewer and domestic water improvements, including excavation and gradinq, pavinq, construction of curbs and gutters, installation of water mains and sewer mains, toqether with appurtenances and appurtenant work in connection therewith, including acquisition of rights-of-way within the boundaries of the Assessment District. B. Said streets, riqhts-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedinqs. C. All of said work and improvements are to be constructed ai the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, qrades 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 contained in this Resolution are genera] work do not necessarily extend for the full thereof. The plans and profiles of the Engineer's "Report" shall be controllinq detailed description thereof. the termini of the work in nature. All items of lenqth of the description work as �ontained in the as to the correct and E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work sha11 be shown on the plans to be done therein. F. Notice is herehy qiven of the fact that in many cases said work and improvement will brinq the finished work to a grade different from that formerly existing, and that to said extent, said grades are hereby changed and said work will be done to said changed grades. EXIiIBIT EXHIBIT TO RESOLliTION N0. 85-14 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 this City Council hereby makes the expenses of said work and �mprovement charqeable 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 exhibitinq 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 indenti- f i ed as "PROPOSED BOUNDARIES OF NORTH SPHERE ASSESSMENT DISTRICT N0, 84-1" and which said map was heretofore approved and which said map or diaqram 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 Distri�:t, 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 map on file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to the appointed ENGINEER OF WORK, who is hereby directed to make and file the report in writinq containinq the followinq: A. Plans and specifications of the proposed improvements: B. An estimate of the cost of the proposed works of improvement, includ- inq the cost of the incidental expenses in connection therewith; C. A diagram showing 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 passaqe of the Resolution of Intention, each of which subdivisions shall be qiven a separate number upon said D�agram; 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 �o be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram b,y 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 percentaqe of the cost and expenses of the improve- ments is to be paid from sources other than assessments, the amount of such portion or percentage 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 D. of this Section. �XHIBIT TO RESOLUTION ti0. 85-14 BONDS SECTION 4. Notice is hereby qiven that serial bonds to represent the unpaid assess- ments, and bear interest at the rate of not to ex�eed the current leqal maximum rate of 12% per annum, will be issued hereunder in �he manner provided in the "Improvement Bond Act of 1915", being Division ]� of the Streets and Highways Code of the State of California, the last install- ment of which bonds shall mature a maximum of and not to exceed ( ) YEARS from the second day of July next succeedinq ten (10 months f rom their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the callinq of bonds sha11 apply. The principal amount of the bonds maturinq each year shall be other than an amount equal to an even annual propor- tion of the aqgreqate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggreqate amount that is equal each year, except for the first year's ad,justment. Pursuant to the prov i sions of the Streets and H i ghways Code of the State of California, specifically Section 10603, the Treasurer is hereby desig- nated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer, or designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements sha11 be made and ordered pursuant to the provi- sions of the "Municipal Improvement Act of 1913", beinq 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 City Council may determine, in accordance with the provisions of law for one or more of the followinq purqoses: A. Transfer to the general fund; 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; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The City Council hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the makinq of the improvements herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds 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, as authorized by law, no notice of award of contract shall be published. .XHIBIT TO RESOLUTION N0. 85-1� GRADES SECTION 9. That notice is hereby given that the grade to which the work shall be done is to be shown on the plans and profi les therefor, which qrade may vary from the existing qrades. The work herein contemplated shall be done to the qrades as indicated on the plans and specifications, to which reference is made for a description of the qrade at which the work is to be done. Any ob,lections or protests to the proposed grade shall be made at the public hearinq to be conducted under these proceedinqs. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relatinq to these proceedings, including information relating to protest procedure, your attention is directed to the person desiqnated below: BARRY McCLELLAN DIRECTOR OF PUBLIC WORKS CITY OF PALM DESERT P. 0. BOX 1977 PALM DESERT, CA 92260 TELEPHONE: (619) 346-0611 PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 12. That the public interest, convenience and necessity requires thai cer- tain land, riqhts-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. For a General description of the location and extent of the easements or land necessary to be acquired, reference is hereby made to maps on file with the transcript of these proceedinqs. DIVISION 4 PROCEEDINGS SECTION 13. That this City Council has fully complied with the proceedings and provisions of the "Special Assessment Investiqation, Limitation and Majority Protest Act of 1931", beinq Division 4 of the Streets and Highways Code of the Siate of California. A report, as required by said Act, is on file with the transcript of these proceedings and open for public inspection. WORK ON PRIVATE PROPERTY SECTION 14. It is hereby further determined to be in the best public ihterest and convenience and more economical to do certain work on private property to eliminate any disparity in level or size between the improvements and the private property. The actual cost of such work is to be aQded to the assessment on the lot on which the work is done, and no work of this nature is to be performed until the written consent of the property owner is first obtained. PASSED, APPROVED and ADOPTED by the City Counci� of the City of Palm Desert, California, on this day of , 1985, by the following vote: . AYES NOES ABSENT ABSTAIN .�IBIT TO RESOLliTION N0. 85-14 MAYOR CITY OF PALM DESERT STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF PALM DESERT STATE OF CALIFORNIA