HomeMy WebLinkAboutCC RES 92-038RESOLUTION NO. 9 2- 3$
� RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PROPOSED
RESOLUTION OF INTENTION AND REQUESTING CONSENT
AND JURISDICTION FROM THE CITY OF INDIAN WELLS
WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALZFORNIA, proposee to
construct certain public worke of improvement, in a apecial assessment dietrict
known and designated ae ASSESSMENT DISTRICT NO. 91-1 (hereinafter referred to ae the
"Aeaessment Dietrict"), and as set forth and described in the propoeed Resolution of
Intention annexed hereto; and it ie the opinion of this leqielative body that the
purpose eought to bQ accompliehed by said work, appurtenancee and improvemente can
best be achieved by a einqle compreheneive echeme of improvement, with proceedinqe
conducted pursuant to the provisione of ths "Municipal Improvement Act of 1913",
being Divfaion 12 of the Streete and Highways Code of the State of Calitornia; and,
WHEREAS, it is required and hereby further requeeted that the consent of the City of
Indian Wella (hereinafter referred to as "Consentinq Aq�ncy") be procured to the
asseasinq of benefitod propertiee, inasmuch aa certain bonetitinq propertiee are
within ths juriedictional boundariee of the City of Zndian Wells, all ae deecribed in
the propoeQd Resolution of Int�ntion, a copy of which i• attach�d h�rQto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION l. That the above recitale are all true and correct.
SECTION 2. That the propoeed Reeolution o! Intention attached is hereby ndopted and
approved as the propoeed Resolution of Int�ntion for th� work and improve_
mente and appurt�nancoe above reterrod to in the As�easm�nt District, and
that th� con��nt of th� Consantinq Aq�ncy i• h�r�by r�quested for thQ
followinqs
1. Fornation of the Aeseosment Di�trict=
2. Power to a��a�s benefited propQrti�s epecitically within bounda-
ries of Con��nting Aq�ncyj
3. The asswnption of jurisdiction by thie leqislative body for all
purpos�s in connection with the Assesem�nt District;
4. Th� con�ent and approval of th� enclosed propoeed Reeolution of
Int�ntiont and,
5. Con��nt to and approval of the map forwarded indicating the extent of
t�rritory includ�d in th� proposed AseQsoment Di�trict.
SECTION 3. Tho City Clork ia hereby directed to iorward a certitied copy of thie
Reeolution, toq�ther with the propoeed Resolution of Intentfon attached
hereto, and a copy of th� map indicatinq th� extent of tha territory
includ�d in th� proposed P►sasmsment District to the Consenting Agency.
SECTION 4. This requ�it !or coneant ie mada pursuant to the proviaione of Section
10103 of the Stre�ts and Hiqhways Code of th� StAt• of California.
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DECLARING INTENTION
AND COVERZNG PRELIMINARY DETERHINATYON TO
ORDER TiiE CONSTRUCTION OF CERTAZN IMPROVEMENTS
IN A PROPOSED ASSESSMENT DISTRICT; ORDERING
THE PREPARATION OF A REPORT DESCRIBINC THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROVIDING FOR THE ISSU-
ANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION l. ThQ public intorest and convenience require, and it ie the intention of
thie body, purauant to the provieiona of Division 12 of the Streets and
Highway• Cod� of th� State of California (th• "Municipal Improvement
Act 1913"), to ord�r tho conetruction of c�rtain public improvements,
including Stat• highway work, together with appurtenancee and appurte-
nant work, in a special aeseeement diatrict known and deeiqnated aa
ASSESSMBNT DISTRICT NO. 91-1 (hereinafter referred to ae the "Aseees-
ment Diatrict").
DESCRIPTION OF IMPROVEMENTS
A. That tho ap�cific nature oi ths proposod works of improvement
coneiats of th� conotructioa and in�tallation of major traneporta-
tion facilities, includinq the Cook Strast/i-10 interchanqe, the
Cook Street/3PTC Ov�rcro�oinqj th� r�aligsua�nt of I-lOj the rQalign-
ment of Varn�r Rondt and tha exten�ion of Cook Streat (two lanea)
from th� SPTC Ov�rcros�iaq to Frank Sinatra, tog�th�r with appurte-
nanc�s and appurtenant work, includinq acquiaition ae required and
neceseary, to serv• and b�nefit prop�rtiee loceted within the
boundari�� ot th� Aast�sment District.
8. Said •trNts, righta-of-way and �as�m�ats •hall b� shown upon the
plan� htr�in refQrred to and to bQ tiled with the�o proceedinge.
C. l�ll of ■aid work and improvements ara to be conatructed at the
plac�s and in th• particular locations, of th• torms, sizes,
dia►�nsion� and atatorial4, and at th� lin�s, grad�s and elavationa aa
•howa and delinsated upon the plans, prolil�s and epecifications to
be made thereior, as hereinafter provided.
D. Th• d��cription of th� improv�ments and th� ternini of the work
coatainQd in this R000lution aro q�naral in naturo. Al1 iteme of
work do not necessarily extend ior the full length of the
deacription thereof. ThQ plans and profilvs o! the work aa
'"� contained in th� Enqin��r'e "Report" shall be coatrollinq ae to the
"'� corroct and dttailed dQecription therQof.
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PRIVATE CONTRACT
SECTZON 8. Notice io h�reby qiven that the public int�re�t will not be served by
allowing the property owners to take the contract for the conetruction
of tho improvemwnta, and that, aa authorizQd by law, no notico ot award
of contract shall be publiehed.
GRADES
SECTION 9. That notice ia hereby given that thQ grade to which the work shall be
done ie to be ehown on the plane and profilee therefor, which grade may
vary from tho oxi�ting qrade�. Tho work horQin contomplated ehall be
dono to the qrad�s ae indicated on th� plans and epecificationa, to
which refQronce io mad� for a do�cription of the qrado at which the
work ie to be done. Any objectione or proteet4 to the proposed qrade
ehall bo made at the public haarinq to b� conducted under these
proceadingo.
PROCEEDINGS INQUIRIE3
SECTION 10. For any and all iaformation r�lating to th��• proc��dinq�, including
information r�latinq to proteet procQdure, your attontion ie directed to
the pereon desiqnated below:
RICHARD FOLKERS
CITY OF PALM DESBRT
45-275 PRICRLY PEAA LANE
PALM DESERT, CA 92260
TELEPHONE: (619) 346-0611
PUBLZC PROPERTY
SECTZON 11. All public prop�rty in th� u�� and p�rformanc� of a public function
ehall b� oa►itt�d iraa ao�Q�amont in th�s� procQ�dinqo unleaa expresaly
provid�d and list�d her�in.
NO CITY LIP►BILITY
SECTION 12. Thia l�qislativ� body hereby furth�r d�clar�s not to obligate itaQlf to
advanc� availabl• tund• irom th� Tr�asury to cur• any d�ficioncy which
may occur ia th� bond red�mption iund. Thia d�t�rn►ination io made
pur�uant to th� authority ot Section 8769(b) of th� 3trNts and Hiqhways
Cod� of th� 3tat• of California, and said d�t�rmination shall further be
eet torth in th� text of tho boads iasu�d pur�uant to the "2mprovement
BOnd ACt Of 1915".
DIVI3ION 4 PROCEEDING3
SECTION 13. Zt io thv intention of thi� lagi�lativ� body to fully comply with tho
proc��dinqs and provision• ot th� "Special �►a����mant Inv�atigation,
Limitation and Majority Protest Act oi 1931", beinq Division 4 of the
Streats and Fiighways Code of the Stat� oi California. A report, ae
requirQd by said Act, will be on fila with thQ transcript of theae
proc�odinqo and open for public inapection.
existed at the timo of tho pasaaqe of tho RQoolution of Intention,
Qach of which eubdivieione ehall be qiven a eeparate number upon
said Diaqramf
D. A propoeed asaessment o! the total amount oi the asseasable coets
and expansQs of the propo�od improv�ment upon tho aoveral divieione
of land in proportion to the estimated b�nafits to be received by
such eubdivisions, reepoctively, from said improvement. Said
asaesament shall refer to euch eubdivisione upon eaid diaqram by
the reepective numbers thereof;
E. The deecription oi tho work4 ot improvament to bo conatructed under
theo� procooding�, and acqui�ition, whor• n�cea�ary.
F. The total amount, a• near ae may b� dot�rmin�d, of thQ principal
sum of any unpaid epecial asseasmenta prQvioualy levied or pendinq,
other than thoeQ contemplated in thQ�e prxeedinqs.
G. The true value of tho parcela of land and improv�menta which are
propos�d to b� ass��sed. Said tru� valu� may b� o�timated ae the
full caah valuQ of tho parcolo as ahown upon thQ laet equalized
aeeessment roll of the County.
When any portion or percentaq� oi the cost and expenses of the
improvem�nts ia to bo paid from sourc�o othar than aaooaamants, the
amount o! ouch portion or p�rcenteq� �hall iirat b� deducted trom the
total �stimat�d ao�ts aad �xp�n��• of said work and improvomente, and
said aeaos�nwnt ohall includ� only th� ramaindQr oi th� Q�timated coete
and expenaes. Safd aeseseaa�nt ehall r�i�r to said eubdivisione by
their reopQctiva numbor4 a4 aasiqned pursuaat to Subeoction D. of thie
Section.
BONDS
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SECTION 4. Notic• i� hQroby qivon that bond• to ropr��tnt tha uapaid asseasmenta,
and bsar inter�ot at tht rat• oi not to �xct�d th� current legal
maximum rate of 12s p�r annum, will i» iasu�d h�r�und�r in th� mannQr
provid�d in th� "Improv�n�nt Bond �►ct of 1915", b�inq Diviaion 10 of
th� Str�ts and Hiqhways Codo of th� Stat• oi California, which bonda
ahall matur� a maximum o! and not to �xc�d TWBNTY-FOUR (24) YEARS from
th� •�cond day of sopt�mb�r noxt succ��dinq tw�lv� (12) montha from
th�ir dat�. Th� provisiona of Part 11.1 of ■aid Act, providing an
alt�raativ� proc�durs for th� advanc� paym�nt o! aa��s�m�nt� and th•
callinq of boads ehall apply.
Tho principal amount of the bond• maturinq �ach y�ar shall be other
than an anwuat �qual to an evan annual proportion oi th� aggreqate
principal of th� boads, and the amount of principal maturing in each
year, plus th• amount o! int�r��t payabl• in that yoar. will be
qenerally an agqr�gat� amount that i• Qqual •ach y�ar, oxcopt for the
first y�ar'• adju�tmont.