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HomeMy WebLinkAboutCC RES 85-080� RESOLUTION N0. g5-80 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AUTHO- RIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE IMPROVEMENTS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, has initiated proceedings pursuant to the terms and conditions of the "Municipal Improvement Act of 191 3", being Division 12 of the Streets and Highways Code of the State of Cal iforni a, for the construction of certain public works of improvement, together with appurtenances and acquisition, where necessary, in a special assessment district; said special assessment district known and designated as NORTH SPHERE ASSESSMENT DISTRICT N0. 84-1 (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been further determined that seri al bonds shal 1 be issued to finance the costs and expenses of said improvements and proceedings, and said bonds shall be issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California; and, WHEREAS, at this time, this City Council is desirous of authorizing the sale of bonds to finance the works of improvement as proposed for this Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above reci tal s are al 1 true and correct . SECTION 2. That the ASSISTANT CITY MANAGER is hereby authorized to solicit a proposal or proposal s for the sal e of bonds for the Assessment Di strict . The interest rate on said bonds shall not exceed the current legal maximum rate of twelve percent (12%) per annum. Said bonds shall be issued pursuant to the terms and conditions as set forth in the Resolution of Intention as previously adopted for these proceedings. SECTION 3. That this Resolution is adopted pursuant to the provisions of Section 106Q2 of the Streets and Highways Code of the State of Cal iforni a, and it is further directed that all recommendations relating to the sale of bonds be presented to this body no later than the time set for the Public Hearing on the "Report" and related matters for this Assessment District. SECTION 4. That there will be provided, at no expense to the bidder, the approving legal opinion of F. MACKENZIE BROWN, Attorney at Law, attesting to the validity of the proceedings and the enforceability of the bonds. SECTION 5. That pursuant to the provisions of Sect�on 10600.5, it is hereby deter- mined that the bonds shall bear interest from their date, and the date of the bonds shall be NOVEMBER 2, 1985, or the 31st day after recordation of the assessment roll and diagram, whichever is Tater. SECTION 6. That in the event of any delinq�:ency in the payment of any installment of an assessment, it is hereby covenanted with the holder af the bonds that this City Council will cause to be, ccrnmenced and thereafter diligently prosecuted, judicial foreclosure proceedings upon all delinquent unpaid assessments within one hundred fifty (150) days following any delin- quency. It is further hereby ordered that an investigation be initiated as soon as possible each year to determi ne al 1 tax del i nquenci es on al 1 properties within the boundaries of the above referenced Assessment District. PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert, Cal iforni a, on this 25th day of July , 1985, by the fol lowi ng vote: RESOLUTION N0. 85-8� AYES BENSON, KELLY, WILSON AND SNYDER N OE S NONE ABSENT JACKSON ABSTAI N NONE .�%c-C� MA " CITY OF PALM DESERT STATE OF CALIFORNIA ATTEST: �� � � -��,�� �� � K � CITY OF PAL DESERT STATE OF CALIFORNIA