HomeMy WebLinkAboutCC RES 91-030 RESOLUTION NO. 9t-3o
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DES�RT, CALIFORNIA, APPROVING A PROPOSED
RESOLUTION OF INTENTION AND REQUESTING CONSENT
AND JURISDICTION FROM THE COUNTY OF RIVERSIDE
WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNIA, proposes to
conetruct certain public worka of improvement, together with acquisition where
iieceeeary, appurtenancee and appurtenant work, in a epecial aeeeeement diatrict
lcnown and designated ae ASSESSMENT DISTRICT NO. 91-1 (hereinafter referred to as the
"Asaesement Diatrict") , and ae set forth and deecribed in the proposed Resolution of
Intention annexed hereto; and it ie the opinion of thie legielative body that the
purpoae sought to be accomplished by said work, appurtenances and improvements can
best be achieved by a single compreheneive scheme of improvement, with proceedinge
conducted pursuant to the provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streete and Highways Code of the State of California; and,
WHEREAS, it ie required and hereby further requeated that the coneent of the County
of Riverside (hereinafter referred to ae "Coneenting Agency") be procured to the
��iaking of said improvemente, acquiring necessary property and rights-of-way, if
necessary, and assessing benefited parcels, all as described in the proposed Reeolu-
tion of Intention, a copy of which ie 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 ie hereby adopted and
approved as the propoaed Reaolution of Intention for the work and improve-
ments and appurtenances above referred to in the Aaseesment District, and
that the coneent of the Coneenting Agency ie hereby requeated for the
following:
1. Formation of the Aasesement District;
2. Authority to order improvements;
3. Authority to maintain eaid improvemente, as appropriate;
4. Authority and power to acquire righte-of-way, where neceesary;
5. Power to aeseee benefited propertiee epecifically within bounda-
ries of Coneent Agency;
6. The aesumption of juriediction by this legislative body for all
purposes in connection with the Asseesment District;
7. The consent and approval of the enclosed propoaed Reeolution of
Intention; and,
8. Co�ieent to and approval of the map forwarded indicating the extent of
territory included in the proposed Asseeement Dietrict.
SECTION 3. The City Clerk ie hereby directed to forward a certified copy of thia
Resolution, toqether with the proposed Reeolution of Intention attached
hereto, and a copy of the map indicating the extent of the territory
incl.uded in the propoeed Aeeeaement Diatrict to the Conaenting Agency.
5ECTZON 4. This requeat for coneent ie made pursuant to the provieione of Sectlon
10103 of the Streete and Highways Code of the State of California.
RESOLUTIO'1 �10. 91-30 : �
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sECTION 5. That the City agrees to hold harmless and indemnify the Consenting
Agency, ite officere and employees, from any and all caueee of action,
claimg, loseee or damagee which may ariee, directly or indirectly, from
the action of the Consenting Agency in reviewing and granting ita
consent to the formation of• the proposed Aeeesement District.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
California, on thie 28th day of February , 1991, by the following vote:
AYES: BENSON, CRITES, WILSON, KELLY, SNYDER
NOEs: NONE
ABSENT: NONE
ABSTAIN: NONE ,,
����� � G �
%`�-^ / � �-
MAYOR WA�TER H. SNYO
CITY OF PALM DESERT
� � STATE OF CALIFORNIA
1 /,
A�'TES�,j; - ,
, � , , -
�'� � � �.��1 �.,�
CZTY CLERK ���
CITY OF PALM DE ERT �� ,
STATE OF CALIFO IA
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ZiSUL�J�IO:V �U , a1-30
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DECLARING INTENTION
AND COVERING PRELIMINARY DETT:RMINATION TO
OADER THE CONSTRUCTION OE CERTAIN IMPROVEMENTS
IN A PROPOSED ASSESSMENT OISTRICT; 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 80NDS
'CHE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE AS
FOLLOWS:
sECTION 1. The public interest and convenience require, and it ie the intention of
this body, pureuant to the provieione of Diviefon 12 of the Streets ancl
Highways Code of the State of California (the "Municipal Improvement
Act 1913") , to order the construction of certain public improvements,
iilcluding State highway work, together with appurtenances and appurte-
nant work, in a special asseasment district known and designated ae
ASSESSMENT DISTRICT NO. 91-1 (hereinafter referred to ae the "Assess-
ment District") .
DESCRIPTION OF IMPROVEMENTS
A. The conetruction and installation of major transportation facili-
ties, including the Cook Street/I-10 interchange, the Cook Street/
Whitewater bridge, the Cook Street exteneion and the Chaee School
Road exteneion, together with appurtenancee a�d appurtenant work,
including acquisition as required and neceesary, to serve and
benefit propertiee located within the boundariee of the Aeaessment
District.
B. said etreete, righte-of-way and easemente shall be ehown upon the
plans herein referred to and to be filed with these proceedings.
C. All of said work and improvemente are to be conetructed at the
places and in the particular locatione, of the forms, sizes,
dimensione and materials, and at the lines, grades and etevatione ae
shown and delineated upon the plans, profiles and epecificatione to
be made therefor, ae hereinafter provided.
D. The description of the improvements and the termini of the work
c-ontained in thie Reeolution are general in nature. All iteme of
work do not neceeearily extend for the full length of the
deecription thereof. The plane and profilea of the work as
contained in the Engineer�s "Report" ehall be controlling as to the
correct and detailed deacription thereof.
E. whenever any public way ie herein referred to ae running between two
public ways, or from or to any public way, the intereectiona of the
pul�lic waye referred to are included to the extent that work ehall
be shown on the plans to be done therein.
i•.• � � ,.
F. Notice ie hereby given of the fact that in many caees said work and
improvement will bring� the finiehed work to a grade different from
that formerly exieting, and that to said extent, aaid grades are
liereby changed and said work will be done to eaid changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvemente and work are of direct benefit to the propertiea
and land within the Aeeeeement Dietrict, and thie legislative body
hereby makes the expenees of eaid work and improvement chargeable upon
a district, which eaid Asseeement Dietrict ie hereby declared to be the
Aesessment Dietrict benefited by eaid work and improvementa and to be
asaeased to pay the coete and expenees thereof, including incidental
expenses and coete and which is described ae follows:
All that certain territory in the Dietrict included within
the exterior boundary linee ehown on the plat exhib�ting the
property affected or benefited by or to be aeseesed to pay
the coste and expeneea of said work and improvementa in the
Assesement Dietrict, eaid map titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1", and
which map waa heretofore approved and which eaid map or
diagram ia on file with the tranecript of these proceedinge,
EXCEPTING therefrom the area ehown within and delineated upon
said map or plat hereinabove referred to, the area of all
public etreete, public avenuea, public lanea, public roade, `
public drives, public courte, public alleys, and all eaee-
mente and righte-of-way therein contained belonging to the
public. For all particulars ae to the boundariee of the
Asseesment Dietrict, reference is hereby made to said
boundary map heretofore previously approved and on file.
REPORT OF ENGINEER
SECTION 3. That thie propo9ed improvement ie hereby referred to J. F. DAVIDSON
ASSOCIATES, INC. , who ie ;iereby directed to make and file a combined
report as authorized by Section 2961 of the Streeta and Highways Code
of tlie State of California, said report to be in writing and contain
the following:
A. Plana and specificationa of the proposed improvemente;
B. An eatimate of the coet of the proposed worka of improvement,
including the coet of the incidental expeneea in connection
therewith;
C. A diagram ehowing the Aseeeament District above referred to, which
shall aleo ehow the boundaries and dimensions of the respective
subdiviaione of land within said Aesessment Dietrict, ae the same
-axieted at the time of the paesage of the Resolution of Intention,
aach of which eubdivieiona ehall be given a separate number upon
said Diagram;
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RE�OLUTION V0 . 91-30
D. A proposed aseeesment of the total amount of the aesessable costs
and expenses of the propofled improvement upon the aeveral divisions
of land in proportion to the estimated benefite to be received by
such subdivieione, reapectively, from eaid improvement. Said
assesement etiall refer to such subdivieione upon eaid diagram by
ttie reepective numbers thereof;
E. The description of the worke of improvement to be conetructed under
tliese proceedinge, and acquiaition, where neceaeary.
F. The total amount, ae near ae may be determined, of the principal
sum of any unpaid special aesessments previouely levied or pending,
other than thoee contemplated in theee proceedinge.
G. The true value of the parcels of land and improvements which are
propoeed to be assessed. Said true value may be estimated as the
f.ull cash value of the parcels as ehown upon the last equalized
assesement roll of the County.
When any portion or percentage of the coet and expensee of the
improvemente is to be paid from eources other than asaessments, the
amount of euch portion or percentage ehall firet be deducted from the
total estimated coste and expenees of said work and improvemente, and
said asseesment ahall include only the remainder of the eetimated coats
and expeneea. Said aesesement ehall refer to said eubdiviaions by
. tl�eir respective numbere as aesigned purauant to Subsection D. of this �
Section.
BONDS
SECTION 4. Notice ie hereby given that bonde to repreeent the unpaid aesesementa,
and bear interest at the rate of not to exceed the current legal
maximum rate of 12� per annum, will be 18eued hereunder in the manner
provided in the "Improvement Bond Rct of 1915", being Division 10 of
the Streete and Highwaye Code of the State of California, which bonds
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
their date. The provieions of Part 11.1 of said Act, providing an
alternative procedure for the advance payment of aeseesmente and the
calling of bonde ehall apply.
The principal amount of the bonda maturing each year ehall 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, plue the amount of interest payable in that year, will be �
generally an aggregate amount that fe equal each year, except for the
first year's adjuetment.
Pursiiant to the provieiona of the Streets and Highways Code of the
State of California, epecifically Section 10603, the Treasurer is
hereby deeignated ae the officer to collect and receive the aasessmente
during the cash collection period. Said bonde further shall be
serviced by the Treasurer or deeignated Paying Agent.
RESOLUTION N0. 91-30 ' '
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Refunding
Any bonde feeued pureuant to these proceedinge and Divieion (a) may be
refui�ded, (b) the interest rate on eaid bonde shall not exceed tlie
maximum intereet rate ae authorized for theee proceedinge, and the
number of years to maturity ehall not exceed the maximum number as
authorized for these bonde unlese a public hearing is expressly held ae
authorized pureuant to said Division 11.5, and (c) any adjuatments in
assessments resulting from any refundinge will be done on a pro-rata
basis.
Any authorized refunding ehall be pureuant to the above conditions, and
purauant to the provieione and reetrictiona of Diviaion 11.5 of the
Streete and Highwaye Code of the State of California, commencing with
section 9500, and all further conditions ehall be set forth in the eond
Indenture to be approved prior to any iesuance of bonde.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
:3ECTION 5. Tt�at except ae herein otherwiee provided for the isauance of bonds, all
of said improvemente ehall be made and ordered purauant to the
provisione of the "Municipal Improvement Act of 1913", being Division
12 of the Streete and Highwaye Code of the State of California.
SURPLUS FUNDS
`�ECTION 6. That if any excees ehall be realized from the asseeBment, it ahall be
used, in such amounta ae the legielative body may determine, in
accordance with the provieiona of law for one or more of the following
purposes: ,
A. Tranefer to the general fund; provided that the amount of any such
transfer ehall not exceed the leeaer of One Thousand Dollare
($1,000.00) or five Qercent (5$) of the total from the Improvement
Fund;
B. As a credit upon the aeeeesment and any eupplemental aeBesement; or
C. For the maintenance of the improvement.
SPECIAL FUND
sECTION 7. The legfelative body hereby establishee a epecial improvement fund
identified and deeignated by the name of thie Aeseeement District, and
into gaid Fund moniea may be traneferred at any time to expedite the
maki�ig of the improvemente herein authorized, and any such advancement
of fu��de ie a loan and ehall be repaid out of the proceede of the eale
of bonds aa authorized by law.
PRIVATE CONTRACT
sECTION 8. Notice ie hereby given that the public interest will not be eerved by
allowing the property ownera to take the contract for the construction
of the improvemente, and that, ae auChorized by law, no notice of award
of contract shall be published.
RESQL;U"t'ION �10. 91-30
GRADES
SECTION 9. That notice is hereby given that the grade to which the work shall be
clone is to be ahown on the plans and profiles therefor, which grade may
vary from the exieting gradea. The work herein contemplated ehall be
done to the gradee ae indicated on the plane and epecifications, to
wliicli reference ie made for a deacription of the grade at whicl► the
work is to be done. Any objections or proteste to the proposed grade
sl�all be made at the public hearing to be conducted under these
proceedinga.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these proceedings, including
information relating to proteat procedure, your attention is directed to
the person deeignated below:
RICHARD FOLKERS, PUBLIC WORKS DIRECTOR
CITY OF PALM DESERT
45-275 PRICKLY PEAR LANE
PALM DESERT, CA 92260
TELEPHONE: (619) 346-0611
PUBLIC PROPERTY
SECTION 11. All public property in the use and performance of a public function
stiall be omitted from assesement in these proceedings unlese expressly
provided and lieted herein.
NO CITY LIABILITY
SECTION 12. This legielative body hereby further declares not to obligate itself to
advance available funde from the Treasury 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 Highways
Code of the State of California, and said determination ehall further be
set forth in the text of the bonda iesued pursuant to the "Improvement
Bond Act of 1915" .
DIVISION 4 PROCEEDINGS
SECTION 13. It is the intention of thie legielative body to fully comply with the �
proceedinge and provisions of the "Special Aesessment Investigation, �
Limitation and Majority Protest Act of 1931", being Divieion 4 of the
Streets and Highwaye Code of the State of California, and apecifically
the alternate proviaions thereof, being Part 7.5. A combined Report, as `
authorized by Section 2961, will be on file with the transcript of these
proceedinqe and open for public inepection.
WORK ON PRIVATE PROPERTY
SECTION 14. It is hereby further determined to he in the best public interest and
convenience and more economica'1 to do certain work on private property
to eliminate any diaparity in level or size between the improvements and
RESOLTJTI0:1 :�0. 91-30 -
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the private property. The actual coet of such wotk ie to be added to
the as3esement on the lot on which the work ie done, and no work of thie
nature ie to be performed u��til the written coneent of the property
owner is firet obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15. It is hereby declared that this legielative body proposes to levy an
annual asseesment pureuant to Section 10204 of the Streete and Highwaya
Code of the State of California, eaid annual assessment to pay costs
incurred by the City and not otherwiee reimbureed which reeult from the
administration and collection of aeseesments or from the administration
or registration of any aseociated bonde and reserve of other related
funds.
PASSED, APPROVED and ADOPTED by the City Council of the C:ty of Palm Desert,
California, on this day of , 1991, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
MAYOR
CITY OF PALM DESERT
STATE OF CALIFORNIA
ATTEST:
CITY CLERK
CITY OF PALM DESERT
STATE OF CALIFORNIA