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HomeMy WebLinkAboutCC RES 88-051RESOLUTION NO. 88-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING ITS INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 87-1 PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND TO COMPLY WITH THE REQUIREMENTS OF DIVISION 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE BY PROCEEDING UNDER PART 7.5 THEREOF THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINOS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: �ection 1. The City Council hereby (i) finds that the public interest, necessity and convenience require and (ii) declares its intention to order improvements authorized by Division 12 of the California Streets and Highways Code, com- mencing with Section 10000 (the "Act"). Such improvements are briefly described in Section 3, below. Section 2. The district of land to be benefited by the improvements briefly described in Section 3, below, and to be specially assessed to pay the costs and expenses of such improve- ments and the damages caused thereby, shall be referred to as "Assessment District No. 87-1." Section 3. The proposed improvements may be briefly described as follows: A. The installation and construction of a storm drain system, toqether with appurtenances and appurtenant work. B. The installation and construction of street improvements includinq curbs, gutters, paving, cross gutters, driveway approaches, reconstruction of existing driveways, the raising of water valves and manholes to grade and the removal and/or relocation of mailboxes, walls, trees, shrubs, waterlines, and other facilities as may be required which, if left in place, would interfere with the function of the improvements, together with appurtenances and appurtenant work. C. The installation and construction of a sani- tary sewer system, including an eight-inch sewer main within the public rights of way and easements and four-inch and six-inch laterals to the property line, together with appurtenances and appurtenant work. D. The acquisition of rights-of-way or land necessary for the accomplishment of the above-described works of improvement. . � Section 4. For a description of the exterior boun- daries of the real property to be benefited by the improvements briefly described in Section 3, above, and to be specially assessed to pay the cost and expenses of such improvements, reference is hereby made to a map of the exterior boundaries of such real property desiqnated "Proposed Boundaries of Assessment District No. 87-1," approved by the City Council and now on file in the office of the City Clerk of the City of Palm Desert. The office of the City Clerk is located at 73-510 Fred Waring Drive, Palm Desert, California 92260. Section 5. Such proposed improvements are hereby referred to the Assessment Engineer to make and file with the City Clerk a report in writing, which shall contain the following: A. Plans and specifications of such proposed improve- ments if the improvements are not already installed. B. A general description of the works and appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of such proposed improve- ments. C. An estimate of the cost of the improvements and the cost of lands, rights of way, easements and incidental expenses in connection with the improvements, including the cost , of registering bonds. D. A diagram showing as they existed at the time of passage of this Resolution, all of the followinq: 1. The exterior boundaries of Assessment District No. 87-1; 2. The boundaries of any zones within such Assessment District; and 3. The lines and dimensions of each parcel of land within such Assessment District. Each subdivision, including each separate condominium interest as defined in Section 783 of the California Civil Code, shall be qiven a separate number upon such diagram. E. A proposed assessment of the total amount of the costs and expenses of such proposed improvements upon the several subdivisions of land in Assessment District No. 87-1 in propor- tion to the estimated benefits to be received by such subdivi- sions, respectively, from such improvements. Such assessment -2- 880512 sas A584.RDM (8) . .. s shall refer to the subdivisions by their respective numbers as assigned pursuant to Paragraph D of this Section 5. F. The total amount, as near as may be determined, of the total principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pendinq assessment proceedings, other than the assessment contemplated in the proceedings for Assessment District No. 87-1, which would require an investigation and report under Division 4 of the California Streets and Highways Code against the total area proposed to be assessed. G. The total true value, as near as may be deter- mined, of the parcels of land and improvements which are proposed to be assessed. Total true value may be estimated as the full cash value of the parcels as shown on the last equalized assessment roll of the County of Riverside. Section 6. The City Council hereby declares its inten- tion to comply with the requirements of the Special Assessment , Investigation, Limitation and Majority Protest Act of 1931, Division 4 ot the California Streets and Highways Code (the "1931 Act"), by proceedinq under Part 7.5 of the Act. Section 7. The City Council hereby determines that it is in the public interest and more economical to eliminate any disparity in levels or size between such proposed improvements and private property on such private property, rather than to adjust the work on public property to eliminate such disparity. �ection 8. Provision is hereby made for the issuance of improvement bonds pursuant to Chapter 7 of Division 12 of the California Streets and Highways Code, commencing with Section 10600. Section 9. Notice is hereby given that serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed 12 percent per annum, payable semiannually, shall be issued hereunder in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code, and the last installment of bonds shall mature 19 years from the second day of September next succeeding 12 months from their date. �ection 10. The City Council hereby determines and declares that the City will not obligate itself to advance available funds from the City Treasury to cure any deficiency which may occur in the bond redemption fund. -3- 880512 sa8 A584.RDH (8) T .. . Section 11. The City Council hereby determines that the principal amount of bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggre- gate principal amount of the bonds and the amount of principal maturing in each year plus the amount of interest payable in that year shall be an aggregate amount that is approximately equal each year, except for the moneys falling due on the first series of bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Se tion 12. With respect to the procedures for collec- tion of assessments and the advance retirement of bonds in con- nection with Assessment District No. 87-1, the City Council proposes to proceed under the provisions of Part 11.1 of Division 10 of the California Streets and Highways Code. Section 13. The City Council hereby designates the City Treasurer to collect and receive the assessments. Section 14. The City Council hereby determines that a penalty of two percent per month of the total amount of a delin- quent installment shall be added to such delinquent installment after the close of business on the delinquency date and an addi- tional penalty of two percent of the amount of the delinquency shall be� added at the beginning of business on the tenth day of each succeedinq month until such delinquent installment and all penalties thereon are fully paid. Section 15. The City Council hereby determines that the bonds issued to represent unpaid assessments may be refunded under specified conditions by resolution. The City Council hereby declares that such bonds may be refunded upon determina- tion by resolution of the City Council to do so. The City Council may undertake such a refunding upon recommendation of a financial advisor that it is in the best interests of the City to undertake such a refunding. Such written recommendation shall include the reasons therefor. The maximum interest rate on such refunding bonds shall not exceed twelve percent per annum or such other maximum rate of interest as then may be permitted by law. The maximum number of years to maturity of the refunding bonds shall not exceed 39 years from the second day of September next succeedinq twelve months from the date of the refunding bonds, or such other maximum number of years to maturity as then may be permitted by law. Any adjustment to assessments resulting from refunding will be done on a pro rata basis. Section 16. Any surplus moneys improvement fund after the completion of ments shall be disposed of in accordance and Highways Code Section 10427. remaining in the such proposed improve- with California Streets � -4- 880512 ses A584.RDM (8) � Section 17. In the opinion of the City Council, the '�! public interest will not be served by allowing property owners to � take a contract to perform the work. ISection 18. The cost and expenses of the above- described street improvements which are to be installed and constructed in the traveled way, including the curb on corner lots and the cross gutters, and the storm drain improvements, together with the cost and expenses relating to design and engineering and administration of such improvements, shall be paid for by the City of Palm Desert pursuant to a reimbursement agreement with the Palm Desert Redevelopment Agency. A portion of the incidental expenses related to sewer connection and capacity charges will be paid for by the Coachella Valley Water District. ' Section 19. The City Council hereby declares that any lot or parcel belonging to the United States, the State of California, the County of Riverside or the City of Palm Desert, which is in use in the performance of any public function, shall be omitted from the assessment to cover the costs and expenses of the improvements described in Section 3, above. Section 20. The City Council hereby declares its intention to enter into an agreement with the Coachella Valley Water District under the provisions of Chapter 2 of Division 12 of the California Streets and Highways Code. -- PASSED, APPP.OVED, and ADOPTED by the City Council of the City of Palm Desert, California, this 26Ch day of M�, 1988, by the following vote, to wit: AYES: CRITES, SNYDER, WILSON, BENSON NOES: NONE ABSENT: KELLY ABSTAIN: NONE ATTEST: SHEILA R. GI�LIGAN, CITY OF PALM DESERT; � � Y CLERK ALIFORNIA —5— � ,�� ,��1 ` �� � L� � -�u, �i:2'-,. � i�✓ JE� M. BENSON, MAYOR �� 880512 sas A584.ROH (8)