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HomeMy WebLinkAboutCC RES 85-077RESOLUTION N0. 85-77 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 D I STR I CT TO BE ASSESSED TO PAY THE COST S 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 Highways Code of the State of Cal iforni a(the "Municipal Improvement Act of 1913"), to order the construction of cert ain pubiic improvements, together with appurtenances and appurtenant work, in a speci al assessment district known and designated 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 water improvements, including excavation and grading, paving, construction of curbs and gutters, installation of water mains and sewer mains, together with appurtenances and appurtenant work in connection there- with, including acquisition of rights-of-way within the boundaries of the Assessment District. B. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be filed with these proceedings. C. Al 1 of said work and improvements are to be constructed at the pl aces 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 contained in this Resolution are general work do not necessarily extend for the full thereof . The pl ans and prof i 1 es of the Engineer's "Report" shall be controlling detailed description thereof. the termini of the work in nature. All items of length of the description work as cont ained 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 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, said grades are h ereby ch anged and sai d work wi l l be done to sai d ch anged gr ades . DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. Th at sai d improvements and work are of di rect benef i t to the propert i es and land within the Assessment District, and this City Council 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 incident al expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benef i ted 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- fied as "PROPOSED BOUNDARIES OF NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1" and which said map was heretofore approved and which said map or di agram 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 cont ained 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 s aid pl at and proposed boundary map on fi 1 e shal 1 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 writing containing the following: A. Pl ans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, includ- ing 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 passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Di 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 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 percentage 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 shail include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respect i ve numbers as assi gned pursuant to Subsect ion D. of thi s Sect ion . � BONDS SECTION 4. Notice is hereby given that seri al bonds to represent the unpaid assess- ments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 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 FOURTEEN (14) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, provid- ing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate 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 aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways 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 shall be made and ordered pursuant to the provi- sions 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 shal 1 be real ized from the assessment, it shal 1 be used, in such amounts as the City Council may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars (a1,000.00) or five percent (5�) of the tot al 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 idenLified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the irrprovem�nts 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 authori zed by 1 aw, no not ice of award of contract shall be published. GRAOE S SECTION 9. That notice is hereby given that the grade to which the work shall be done i s to be shown on the pl ans and prof i 1 es therefor, wh ich gr ade 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 i s to be done. Any objections or protests to the proposed grade shal 1 be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: DAVIO KANE DEPARTMENT 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 that cer- t ai n 1 and , ri ghts-of -way or easements be obt ai ned i n order to al 1 ow 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 proceedings. DIVISION 4 PROCEEDINGS SECTION 13. That this City Council has fully complied with the proceedings and provisions of the "Special Assessment Investigation, Limitation and M�jority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of Cal iforni a. A report, as required by said Act, is on file with the tr anscript 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 interest 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 added to the assessment on the lot on which the work is done, and no work of this nature is to be performed until tne written consent of the property owner is first obt ained. UTILITY IMPROVEMENTS SECTION 15. This legislative body further proposes to enter into an the Coachella Valley Water District, said Agreement cert ain terms and conditions relating to the bidding certain construction contracts, as well as the ownership, control of cert ai n sewer and water improvements . A copy ment shall be, upon approval , on file in the Office of th Agreement with setting forth and aw ard of management and of said Agree- e City Clerk. SUPERINTENDENT OF STREETS SECTION 16. This legislative body hereby appoints the DIRECTOR OF PUBLIC WORKS to perform all of the duties and functions of the Superintendent of Streets for the balance of the proceedings for this Assessment District as said duties are specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of Cal i forni a. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, California, on this 25th day of Jul� , 1985, by the following vote: AYES BENSON, KELLY, WILSON AND SNYDER NOES NONE ABSENT JACKSON ABSTA I N NONE ATTEST: CITY OF PALM DESERT STATE OF CALIFORNIA �� �� `\��.., �'3' �-LC "�V` I Y CLE � � CITY OF P LM DESERT STATE OF CALIFORNIA