HomeMy WebLinkAboutCC RES 91-029 ' ' ' �
RESOLUTION NO. 9�-29
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PROPOSED
RESOLUTION OF INTENTION AND REQUESTZNG CONSENT
AND JURISDICTION FROM THE CITY OF INDIAN WELLS
WHEREAS, the CZTY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, proposes to
conatruct certain public worke of improvement, together with acquisition where
iieceesary, appurtenances and appurtenant work, in a epecial asseeement district
known and deeignated as ASSESSMENT DISTRICT NO. 91-1 (hereinafter referred to as the
"Aaeeeement Diatrict") , and as set forth and deecribed in the propoeed Reeolution of
Intention annexed hereto; and it ie the opinion of thie legislative body that the
purpoee sought to be accompliahed by said work, appurtenances and improvements can
best be achieved by a eingle comprehenaive echeme of improvement, with proceedinge
conducted pursuant to the proviaions of the "Municipal Improvement Act of 1913",
being Divieion 12 of the Streete and Highwaye Code of the State of California; and,
WHEREAS, it is required and hereby further requeated that the consent of the City of
indian Wells (I�ereinafter referred to ae "Consenting Agency" ) be procured to the
niaking of said improvements, acquiring neceasary property and rights-of-way, if
neceseary, and aeseseing beneflted parcels, all ae deecribed in the propoeed Resolu-
tion of Intention, a copy of which is attached hereto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitale are all true and correct.
SECTION 2. That the proposed Resolution of Intention attached is hereby adopted and
approved ae the propoeed Resolution of Intention for the work and improve-
menta and appurtenancee above referred to in the Aaseasment District, and
that the consent of the Coneenting Agency ie hereby requested for the
followii�g:
1. Formation of the Asseeement District;
2. Authority to order improvemente;
3. Authority to maintain eaid improvemente, as appropriate;
4. Authority and power to acquire righte-of-way, where neceasary;
5. Power to aeeees benefited propertiee specifically within bounda-
ries of Coneenting Agency;
6. The asaumption of juriediction by thie legielative body for all
purposea in connection with the Assessment Dietrict;
7. The conaent and approval of the enclosed proposed Resolution of
Intention; and,
8. Consent to and approval of the map forwarded indicating the extent of
territory included in the proposed Aseeeement District.
SECTION 3. The City Clerk ie hereby directed to forward a certified copy of thie
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 Aseesement District to the Consenting Agency.
SECTION 4. This request for consent ie made pursuant to the provisions of Section
10103 of the Streete and Highways Code of the State of California.
')ECTION 5. Tliat tl�e City agreee to hold harmler�e and indemnify the Coneenting
Agency, its officers and employeee, from any and all caueea of action,
claims, lossee or damages wt�ich may ariae, directly or indirectly, from
the action of the Consenting Agency in reviewing and granting ite
coneent to the formation of the propoeed Assesement Dietrict.
PASSED, APPRoVED and ADOPTED by the City Council of the City of Palm Desert,
California, on this 28th day of February , 1991, by the fo�lowing vote:
AYES: BENSON, CRITES, WILSOPJ, KELLY, SNYDER
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
� � ��� ��
MAYOR WALTER H. SNYD
CITY OF PALM DESERT
' � STATE OF CALIFORNIA
_ '
A'rTE�� . ;
/
c'ITY CLERK
CITY OF PALM DES RT
STATE OF CALIFOR IA
R�SOLT�TIO� N0 . �1-29
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DECLARING INTENTION
AND COVERING PRELIMINARY DETERMINATION TO
ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS
IN A PROPOSED ASSESSMENT DISTRICT; ORDERING
THE PREPARATION OF A REPORT DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE ISSU-
ANCE OF BONDS
'l'HE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE AS
rOLLOWS:
SECTION 1. Tl�e public intereat and convenience require, and it is the intention of
this body, pureuant to the provisions of Division 12 of the Streete and
Highways Code of the State of California (the "Municipal Improvement
Act 1913") , to order the conetruction of certain public improvemente,
i�icluding State highway work, together with appurtenances and appurte-
nant work, in a epecial aeaesement diatrict known and designated ae
ASSCSSMENT DISTRICT NO. 91-1 (hereinafter referred to as the "Aasese-
ment District") .
DESCRIPTION OF IMPROVEMENTS
A. 'Phe conetruction and inetallation of major traneportation facili-
ties, including the Cook Street/I-10 interchange, the Cook Street/
Whitewater bridge, the Cook Street exteneion and the Chaee School
Road extenaion, together with appurtenancee and appurtenant work,
including acquieition ae required and necessary, to serve and
benefit properties located within the boundaries of the Aesessment
District.
B. Said etreete, rights-of-way and easements shall be ehown upon the
plana herein referred to and to be filed with these proceedings.
C. All of said work and improvemente are to be constructed at the
places and in the particular locations, of the forme, sizee,
dimenaions and materials, and at the linea, grades and elevations ae
shown and delineated upon the plane, profiles and specificatione to
ue made therefor, as hereinafter provided.
D. The description of the improvementa and the termini of the work
c���ritained in thie Resolution are gerieral in nature. All iteme oE
work do not necesearily extend for the full length of the
description thereof . The plane and profilee of the work ae
contained in the Engineer's "Report" shall be controlling as to the
correct and detailed deecription thereof.
E. whenever any public way ie herein referred to as running between two
public ways, or from or to any public way, the intersections of the
public wayB referred to are included to the extent that work shall
be shown on the plans to be done therein.
RESOLUTIO�I `d0. 91-29
F. Notice ie t�ereby given of tha fact that in many •asee said work and
improvement will bring� the finished work to a qrade different from
L-t�at formerly exiating, and that to said extent, said gradee are
liereby changed and eaid work will be done to eaid changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. Tt�at said improvements and work are of direct benefit to the properties
and land wit hin the Aesesement Dietrict, and thie legielative body
lieL-euy makes the expensea of eaid work and improvement chargeable upon
a c9ieCrlct, which eaid Aeeeesment Dietrict ie hereby declared to be the
Assegsment Dietrict benefited by eaid work and improvemente and to be
assessed to pay the coete and expenaea thereof, including incidental
exPenses and coets and which ie deecribed as followa:
All that certain territory in the Diatrict included within
the exterior boundary linee ehown on the plat exhib �g the
�roperty affected or benefited by or to be asseese :o pay
the coets and expenses of said work and improvement. .i in the
Asseaement Dietrict, eaid map titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1", and
�ohich map wae heretofore approved and which eaid map or
cliagram ie on file with the transcript of theee proceedings,
EXCEPTING therefrom the area ehown within and delineated upon
said map or plat hereinabove referred to, the area of all
�ublic etreete, public avenues, public lanes, public roade,
1�ublic drives, public courte, public alleye, and all eaee-
mente and righte-of-way therein contained belonging to the
public. For all particulare as to the boundaries of the
Asaeesment Dietrict, reference ie hereby made to said
boundary map heretofore previously approved and on file.
REPORT OF ENGINEER
SECTION 3. That this propoaed improvement is hereby referred to J. F. DAVIDSON
ASSOCIATES, INC. , who ie hereby directed to make and file a combined
report ae authorized by Section 2961 of the Streete and Highways Code
of the State of California, eaid report to be in writing and contain
tl�e following:
A. Plana and epecifications of the proposed improvements;
B. An estimate of the coet of the proposed works of improvement,
including the coet of the incidental expenees in connection
therewith;
C. A diagram ahowing tt�e Aeseasment Dietrict above referred to, wl�ich
sl�all aleo show the boundariea and dimensione of the reapective
subdivisions of land withiri said Assesement District, as the same
exiated at the time of the paseage of the Resolution of Intention,
each of which subdivieione ehall be given a separate number upon
said Diagram;
RESOLL'TION y0,. 91-29
U. A proposed aseeeetnent of tt►e total amount of the aeseaeable coete
a�id expenees of the propoeed improvement upon the several divisions
of land in proportion to the eetimated benefite to be received by
such eubdivieione, reepectively, from eaid improvement. Said
assesement shall refer to auch eubdivieione upon eaid diagram by
l.tie reapective numbere thereof;
E. The deecription of the worke of improvement to be conetructed under
tliese proceedinge, and acquieition, where neceasary.
F. The total amount, as near ae may be determined, of the principal
sum of any unpaid special aseeeementa previouely levied or pending,
other than those contemplated in theae proceedinge.
G. Ttie true value of the parcels of land and improvements which are
propoeed to be aseeeeed. Said true value may be estimated as the
full cash value of the parcele as shown upon the laet equalized
assesement roll of the County.
Whei� any portion or percentage of the coet and expensee of the
impr�vements is to be paid from sourcea other than assessments, the
aniouiit of such portion or percentage shall first be deducted from the
total estimated coste and expenaes of said work and improvemente, and
saicl assessment shall include only the remainder of the estimated coste
and expensee. Said aseesement sha11 refer to eaid aubdivisions by
tliei�.� reepective numhere as aesigned �ureuant to Subeection D. of this
Section.
BONDS
SECTION 4. Notice is hereby given that bonds to repreeent the unpaid assessments,
and bear intereat at the rate of not to exceed the current legal
maximum rate of 12� per annum, will be ieeued hereunder in the manner
provided in the "Improvement Bond Act of 1915", being Division 10 of
the Streeta and Highways Code of the State of California, which bonde
shall mature a maximum of and not to exceed THIRTY-NINE (39) YEARS from
the second day of September next succeeding twelve (12) months from
thefr date. The proviaiona of Part 11. 1 of said Act, providing an
alternative procedure for the advance payment of asseeements and the
calling of bonde shall apply.
Tlie principal amount of the bonde maturing each year ehall be other
tl�an an amount equal to an even annual proportion of the aggregate
�rii�cipal of the bonde, and the amount of principal maturing in each
year, plus the amount of interest payable in that year, will be
yenerally an aggregate amount that ie equal each year, except for the ,
fiLst year'e adjuetment.
Pursuant to the provieions of the Streeta and Highways Code of the
state of California, epecifically Section 10603, the Treasurer is
heieby designated ae the officer to collect and receive the aeaesamenta
during the caeh collection period. Said bonde further ehall be
seLviced by the Treasurer or deaignated Paying Aqent.
R�SOL?JTIO`d �d0. 91-29 . , • .
Refunding �
Any bonda iaeued pureuant to tt�eee proceedinga and Divieion (a) may be
refuiided, (b) the intereet rate on said bonde ehall not exceed the ;
maximum intereet rate ae authorized for theae proceedings, and the
n��mber of yeare to maturity shall not exceed the maximum number ae
authorized for these bonde unleea a public hearing is expreaely held as
authorized purauant to eaid Divieion 11. 5, and (c) any adjuetments in
asseesmente resulting from any refundinge will be done on a pro-rata
basis.
Any authorized refunding ehall be pureuant to the above conditione, and
pursuant to the provieione and reetrictione of Division 11.5 of the
streets and Highways Code of the State of California, commencing with
Section 9500, and all further conditione ehall be eet forth in the eond
Inderiture to be approved prior to any iesuance of bonde.
"MUNICIPAL ZMPROVEMENT ACT OF 1913"
`.�ECTION 5. That except ae herein otherwiee provided for the iseuance of bonds, all
of said improvemente ehall be made and ordered pursuant to the
provisione of the "Municipal Improvement Act of 1913", being Divieion
12 of the Streets and Highwaye Code of the State of California.
SURPLUS FUNDS
SECTION 6. TIZat if any excess ahall be realized from the aseeesment, it ehall be
uaed, in euch amounte as the legielative body may determine, in
accordance with the provieione of law for one or more of the following
purposea:
A. Transfer to the general fund; provided that the amount of any such
transfer ehall not exceed the leeeer of One Thoueand Dollars
($1,000.00) or five percent (59r) of the total from the Improvement
1�und;
8. As a credit upon the asseasment and any eupplemental aeeeaement; or
C. For the maintenance of the improvement.
SPECIAL FUND
SECTION 7. Tlie Legielative body hereby eatablishea a special improvement fund
identified and designated by the name of thie Aesesement District, and
i�ito said Fund moniea may be tranaferred at any time to expedite the
malciiiy of the improvemente herein autl�orized, and any euch advancement
of fui�cis ie a loan and ehall be repaid out of the proceeda of the sale
of boitda as authorized by law.
PRIVATE CONTFtACT
SECTION 8. Natice is hereby given that the public interest will not be served by
allowing the property ownere to take the contract for the construction
of tlie improvements, and that, ae authorized by law, no notice of award
of contract ehall be published.
R�SOLUTION VU . 91-1.��
GRRDES
:�ECTION 9. That notice ie hereby given that the grade to which the work ehall be
dane is to be ehown on the plane and profiles therefor, which grade may
vary from the exieting gradee. The work herein contemplated ehall be
done to the gradee ae indicated on the plane and epecificatione, to
whicli reference ie made for a deecription of the qrade at which the
woik is to be done. Any objectiona or protests to the proposed grade
sl�all. be made at the public hearing to be conducted under these
proceedinge.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to theae proceedinga, including
information relating to proteat procedure, your attention is directed to
the person deeignated below:
RICHARD FOLKERS, PUHLIC WORKS DIRECTOR
CITY OF PALM DESERT
45-275 PRICKLY PEAR LANE
PALM DESERT, CA 92260
TELEPHONE: (619) 346-0611
PUBLIC PROPERTY
'�ECTION 11. All public property in the use and performance of a public function
sliall he omitted from asseesment in tt�eee proceedinge unlesa expreeely
provided and liated herein.
NO CITY LIABILITY
sECTION 12. Tliis legielative body hereby further declares not to obligate iteelf to
advance available funde from the Treaeury to cure any deficiency which
may occur in the bond redemption fund. Thie determination is made
pursuant to the authority of Section 8769(b) of the Streete and Highwaye
Code of the State of California, and eaid determination shall further be
set forth in the text of the bonda iseued pureuant to the "Improvement
Bond Act of 1915" .
DIVISION 4 PROCEEDINGS
'�ECTION 13. It is the intention of this legislative body to fully comply with the
proceedinge and provieions of the "Special Aesessment Investigation,
Limitation and Majority Protest Act of 1931", beinq Divieion 4 of the
Streets and Highwaye Code of the State of California, and specifically
tlie alternate provieione thereof, being Part 7.5. A combined Report, ae
authorized by Section 2961, will be on file with the tranecript of these
proceedings and open for public inspection.
WORK OIJ 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 dieparity in level or eize between the improvements and
R�SOLiJTION v0. 91-29 . . .
tl�e private property. The .� �tua1 coet of such work ie to be ad� d to
tlie assesement on the lot on which the work ie done, and no work ot this
riatu��e ie to be performed until the written consent of the property
ow��eL• is firet obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
�ECTION 15. It is hereby declared that this legielative body propoees to levy an
annual asaeeement pureuant to Section 10204 of the Streeta and Highways
c;ode of the State of California, eaid annual assesement to pay coete
iiicurred by the City and not otherwiee reimbursed which reault from the
adminiatration and collection of aeseaemente or from the adminietration
or regietration of any aesociated bonde and reserve of other related
funds.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
ralifornia, on tliis 28th day of Februar,y , 1991, by the following vote:
AYES:
NOES:
ABSENT:
• ABSTAIN: _ �
�
_ �.�� �.�
MAYOR
CITY OF PALM DESERT
STATE OF CALIFORNIA
i 1
ATTES : , �
� / �
CITY CLERK
CITY OF PALM DESERT
STATE OF CALIFORNIA