HomeMy WebLinkAboutCC RES 92-039RESOLUTZON NO. 92-39
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, APPROVING A PROPOSED
RESOLUTION OF INTENTION AND REQUE5TING CONSENT
AND JURISDICTION FROM THE COUNTY OF RZVERSIDE
WHEREAS, the CITY COUNCIL of the CITY OF PALM DESERT, CALIFORNZA, proposee to
conetruct certain public worke of improvement, together with acquisition where
necessary, appurtenances and appurtenant work, in a epecial aseeeement diatrict
known and deeignated se ASSESSMENT DISTRICT NO. 91-1 (hereinafter referred to as the
"Aeeesement Dietrict"), and ae eet forth and deecribed in the propoeed Reeolution of
Intention annexed hereto; and it ie the opinion of thie leqialative body that the
purpoee sought to be accompliehed by said work, appurtenancee and improvementa can
beat be achieved by a sinqle comprehensive echeme of improvement, with proceedinga
conducted purauant to the provisione of the "Municipal Improvement Act of 1913",
being Division 12 of the Streete and Highwaya Code of the State of California; and,
wHEREAS, it ie required and hereby further requeeted that the coneent of the County
vf Aiverefde (hereinafter referred to ae "Coneentinq Aqency") be procured to the
makinq of eaid improvemente, acquiring neceeeary property and rights-of-way, if
neceesary, and aeeeseinq benefited parcele, inasmuch ae certafn of the worka of
improvement and benefitinq propertiae lie outeide the juriedictional boundariea of
the City of Palm Deeert, all ae described in the propoaed Reeolution of Intention, a
copy of which is attached hQreto.
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NOW, THEREFORE, IT IS HEREHY RESOLVED AS FOLLOWSs
SECTION 1. That the above recitale are all true and correct.
SECTION 2. That the propoaed Reeolution of Intention attached ie hereby adopted and
approved as the propoaed Reaolution of Intentfon for the work and improve-
mente and appurteaancee above reierred to in the Aseeeement District, and
that the consent o! the Consentinq Aqency is h�reby requeated for the
followinq:
1. Formation of the Aasesement Dietrictt
2. Authority to order improvements;
3. Authority and power to acquire rights-of-way, where necessary;
4. Power to asseoe beneiited propertiee opecifically within bounda-
rf�• of Cons�nt Agency;
5. The assumption of jurisdiction by thi• leqislative body for all
purpooes in connection with the Ae�esement Districtj
6. The coneent and approval of the encloeed propoaed Reeolution of
Intantionj and,
7. Conaent to and approval of the map forwarded indicatinq the extent of
territory included in the propooed Aee�eomtnt District.
sECTioN 3. The City Clerk i� herQby directad to forwrard a certified copy of this
Reeolution, together with the propos�d R�eolution of Intention attached
hereto, and a copy of the map indicating th� extQnt of the territory
included in the proposed Assessment District to the Consenting Agency.
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RE�GLLTION �0. 9�-39
SECTION 4. This request for consent is made pureuant to the proviaiona of Section
10203 of the Streete and Hiqhwaye Code of the State of California.
SECTION 5. That the City agrees to hold harmlesa and indemnify the Conaenting
Agency, ita officers and employees, from any and all cauaea of action,
claima, loeaee or damages which may arise, directly or indirectly, from
the action of the Coneenting Aqency in reviewing and qranting ita
consent to the formation of the proposed Assessment District.
SECTION 6. That thie Resolution, by ite adoption, updatea, amends and eupercedes
Resolution No. 91-30 as previouely adopted by thia City Council.
PRSSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
Cali£ornfa, on thie 14 day of Ma V , 1992, by the following votQ:
AYES: Crites, Snyder, Wilson
NOES: None
ABSENTs Bez'iSOri, Kelly
ABSTAZN: NOne
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CITY CLERK ;
CITY OF PALM DSSERT I
STATE OF CALIFORNIA
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WALTER H. SNYDER, AC G MAYOR
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RESOLUTION NO.
RESOLUTZON 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 DISTRZCT; ORDERING
THE PREPARATION OF A REPORT DESCRIBING THE
DISTRICT TO BE ASSESSED TO PAY THE COSTS AND
EXPENSES THEREOF; AND PROViDING FOR TFiL ISSU-
ANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE AS
FOLLOWS:
SECTION l. The public interest and convenience require, and it ia the intention of
thie body, pursuant to the provieiona of Divieion 12 of the Streete and
Highways Cod• of thQ Stat� of California (tha "Municipal Improvement
Act 1913"), to order the conotruction of certain public improvementa,
includinq Stata hiqhway work, toqether with appurtenancea and appurte-
nant work, in a epecial aseseement district known and deaignatQd as
ASSESSAiENT DISTRICT NO. 91-1 (hereinafter referred to as the "Aesesa-
ment District").
DESCRIPTSON OF IMPAOVEMEIdTS
A. That the apecitic nature of the proposed works of improvement
consietr of th� con�truction and installation of major transporta-
tion facilities, includinq the Cook 3treet/I-10 interchanqe, the
Cook Streat/SPTC Overcroeainqf thQ rQaliqnm�nt of I-10; the realign-
ment of Varner Roadj and the extenaion of Cook Street (two lanea)
from th� SPTC Ovorcrossinq to Frsnk Sinatra, tog�thQr with appurtQ-
nnnc�s and appurtenant work, includinq acquioition as required and
neceseary, to eerve and benefit propsrtiea lxated within the
boundari�s of the Asseasment Dietrict.
B. Said otrNt�, righta-of-way and eaoemonts ahall b� ahown upon the
plana heroin roferred to and to be filad with theaQ proceedinga.
C. 1►11 oi said work and improvementa ar• to be conetructed at the
plac�• and in th• particular location�, of the forms, eizee,
dim�n�ion• and matQriale, and at th� lin�s, grados and elavationo ae
ehown and delineated upon the plans, profile• and epecificatione to
be made th�refor, as hereinafter provided.
D. Th• ds�criptica af the improvement• and th� terniini of the work
coatainod in this Reaolution are qanoral in n�turo. All items of
work do not necesearily extend for th• full lengtt� of the
doscription thereof. The plane and protilee of the work as
containQd in tho Engine�r's "Report" shall b� controllinq as to the
correct and detailed description ther�of.
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E. whenever any public way ie herein referred to as runninq between two
public waye, or from or to any public way, the intersections of th
public waya referred to are included to the extent that work ehal
be ehown on the plane to be done therein.
F. Notice is horoby given of the fact that in many caaoa eaid work and
improvement will brinq the finiehed work to a grade differeat from
that formerly exieting, and that to said extent, eaid grades are
hereby chanqed and said work will be done to eaid changed gradea.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of direct benefit to the properties
and land within the Aasesament Diatrict, and this legislative body
hereby makee th�a expensea of eaid work and improvement chargeablo upon
a diatrict, which said Aseessment Dietrict ie hereby declared to be the
Assessment Dietrict benefited by eaid work and improvements and to be
aesessed to pay the coete and expensee thereof, including incidental
expensee and coete and which is deocribed ae follows:
All that certain territory in the Dietrict included within
the exterior boundnry linee ahown on the plat exhibiting the
property affacted or benefited by or to be asseseed to pay
the coeta and expeneea of eaid work and improvements in the
Aesesem�nt Dietrict, eaid map titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1", and
which mnp wae heretofore approved and which said map or
diagram io on tila with the tranocript of thosQ prxaodinge,
EXCEPTING therefrom thQ area ehown within and dQlineated upon
eaid map or plat herQinabove rQferred to, the area of all
public etreete, public avenuee, public lanes, public roads,
public drivee, public cou�ta, public alleys, and all ease-
mont� and righta-of-wsy thoroin containad bolonqing to thQ
public. For all particulare ar to th� boundariea of the
A�seeement Dietrict, referencs ie hereby made to eaid
boundary map heretofore previously approved and on file.
REPORT OF ENGINLER
SECTION 3. That thi� propo4od improvement ie hereby referred to J. F. DAVZDSON
ASSOCIATE3, INC., who ie hereby directed to make and fil� a combined
report ae authorizwd by SQction 2961 of tho Strooto and Hiqhwaya Codo
of th� State of California, said report to be in writing and contain
thQ followinq:
A. Plans and specifications of the propoead improvem�nt�j
B. An estimato of the cost of the propoesd worke of improvement,
including the coet of the incid�ntal exponso■ in connection
therewith;
C. A diaqram showinq the Aeee4ement Diatrict above raierred to, whic
'ehall also show the houndaries and dimenaione of the reepectiv
subdivieiona of land within said Aaaeosment Distriat, ae the sam
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exieted at the time of the paesage of thQ Reoolution of Zntention,
each of which aubdivieione ehall be qiven a eQparate number upon
said.Diaqram;
D. A propoeed aseeaement of the total amount of the aaseseable coata
and expeneQa of the proposed improvement upon tha aevQral division�
of land in proportion to the estimated bonefite to bQ received by
such eubdivfeione, reepectively, from said improvement. Said
asseesment shall refer to auch subdivisiona upon eaid diagram by
the respective numbera thereof;
E. The description of the works of improvement to be conatructed under
thee� procoedinge, and acquieition, where nacoaaary.
F. The total amount, ae near ae may bQ det�rminod, of the principal
sum of any unpaid special aseeeamenta previously levied or pendinq,
other than those contemplated in th�ae proceQdinqs.
G. The true valu• ot tho parcelo oi land and improvements which are
propoeQd to be ao�eeeed. Said true valuo may b� •etimatQd ae the
full caah valuQ of tha parcole as ehowa upon the laet equalized
aeaesement roll of the County.
When any portion or percentage of the coat and expensee of the
improvQctwnta ia to be paid from oourco� other than aaaoaamonta, the
amount ot such portion or percentaqa ahall iiret be daducted from the
total •�timat�d co�t• and •xp�n��• of said work and improv�msnt�, and
said assaeoment ohall includo only tho raaaindor o! tho a�timated coste
and expenses. Said aesesement ehall refer to said subdivisions by
their reopectivo numboro aa aooiqned purouant to Subeoction D. of thie
Section.
BONDS
SECTION 4. Notice ia hareby qiv�n that bonds to repres�nt the unpaid aeseesmenta,
and b�ar intereet at the rate ot not to axca�d th� current leqal
maximwa rate oi 12• per annum, will bo i��ufd h�r�und�r in th� manner
providQd in the "Improvement Bond Act of 1915", beinq Division 10 of
tho StrQot� and Hiqhwayo Cod� of the StatQ oi California, which bondo
shall matur� a maximum of and not to exc�d TW81�iTY-FOUR (24) YEARS from
th� a�cond day of September next eucc�dinq tw�lvo (12) monthe from
th�ir dat�. Th� provieiona of Part 11.1 of eaid Act, providing an
alt�rnativ� proc�dure tor the advanc� paym�nt of a�s�s�awnts and the
callinq of bonde ehall apply.
ThQ principal aawunt of the bond• maturing �ach y�ar ahall b� other
than an amount equal to an even annual proportion of the aqgregate
principal ot th� bonds, and the amount ot principal maturing in each
ysar, plus tho amount of intQrest payabl• in that yoar, will be
generally an aqqr�qat� amount that is oqual •ach y�ar, except ior the
fir�t year's adjuatroQnt.
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Pureuant to the provieions of the Streete and Hiqhways Code of the
State of Calif ornia, specif ically Section 10603, the Treasurer i
hereby designated ae the officer to collect and receive the assessment
durinq the cash collection period. Said bonde further ahall b
serviced by the Treasurer or designated Payinq Aqent.
Refunc3ing
Any bonde iseued pursuant to these proceedings and Division (a) may be
refunded, (b) the intereet rate on eaid bonds ehall not exceed the
maximum intorest rate ae authorized for these proceedings, and the
number of years to maturity ahall not exceed the maximum number as
authorized for these bonde unlese a public hearing ie expresely held ae
authorized pureuant to eaid Divieion 11.5, and (c) any adjustmente in
assesamente resulting from any refundinqe will be done on a pro-rata
baeis.
Any authorized refundinq shall be purauant to the above conditione, and
pursuant to the provieions and reetrictiona of Division 11.5 of the
Streete and Highways Code of the State of California, commencinq with
Section 9500, and all further conditiona shall b� get forth in the Bond
Indenture to be appraved prior to any iasuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except aa herein otherwiee provided for the iaeuance of bonds, all
of eaid improvements shall be made and orderod pursuant to th
provisione of the "Municipal Improvement Act ot 1913", beinq Divisio
12 of the Streete and Highwaye Code of the Stat• of California.
SURPLUS FUNDS
SECTION 6. That it any exceee ahall be realized from the aesesement, it ehall be
u�ed, in •uch amounts aa ths loqiilativ• body may dot�rmin�, in
accordance with the provisiono of law for one or more of the following
purposes:
A. Tranafer to the genQral fund; provided that tha amount of any such
tranof�r •hall not exceed the l�aser o� On� Thoueand Dollars
(S1,000.00) or fivo percent (5$) ot tha total from the Zmprovement
Fund;
B. As a credit upon the aeseeement and any suppi�m�ntal aas�asm�nt; or
C. For ths maintenance oi the improvement.
SPLCIAL FUND
SECTION 7. The leqielativQ body hereby eatablishea a apocial improvemont fund
identified and desiqnated by the name of this Aasesament Diatrict, and
into eaid Fund moniae may be transferred at any tima to expedite th�
making of the improvementa herein authorized, and any such advancemen•
of funds is a loan and ehall be repaid out of the proc�de of the sal�
of bonds ae authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice ia hereby qiven that the public interQet will not be served by
allowinq the property owners to take the contract for the conatruction
of the improvemento, and that, ae authorized by law, no notice of award
of contract ehall be published.
GRADES
SECTION 9. That notice ie hereby given that the qrade to which the work ahall be
done ie to be shown on the plane and profilee therefor, which qrade may
vary from the Qxisting gradee. The work hQr�in contemplated ehall be
done to the qradae ae indicated on the plans and epecificatione, to
which reference ie mads for a deocription of thQ qrado at which the
work ie to be done. Any objections or proteeta to the proposed grade
ehall be made at the public hearinq to b�a conducted under these
proceedinge.
PROCEEDINGS INQUZRIES
SECTION 10. For any and all information relatinq to the�• proc��dinqe, including
information ralatinq to proteet procedure, your attention is directed to
the peraon desiqnated below:
RICHARD I+'OLKERS
CITY OF PALM DESERT
45-275 PRICKLY PEAR LANE
PALM DE5ERT, CA 92260
TELEPHONE: (619) 346-0611
PUSLIC PROPERTY
SECTION 11. All public property in ths us• and p�rformancs of a public function
ehall bQ aaitt�d iran aoaoe��nt in thQao prx�dinq� unleoa expreoaly
provided and list�d herein.
NO CITY LZABILITY
SECTION 12. Thi� laqislativ� body hereby Lurther declares not to obliqate its�lf to
advanco availablo funde from the Treaaury to cur� any deficiency which
may occur in the bond redemption fund. Thia deteraaination ia made
pursuant to the authority of Section 8769(b) ot th� Streeta and Hiqhwaye
Codo oi th� Stat• of California, and oaid d�t�rmination shall furthQr be
aet torth in th� text of the bonde ieeu�d pureuant to the "Improvement
Bond Act oi 1915".
DIVISION 4 PROCEEDINGS
SECTION 13. It is the intention of thi� legialative body to fully comply with the
�� proceedinqe and provisione of the "Sp�cial Aes�asment inveetiqation,
t Limitation and Majority Protest Act of 1931", beinq Oivision 4 of the
Streeto and Hiqhwaye Code of the StatQ of Caliiornia. A report, as
required by eaid Act, will be on file with the tranacript of these
proceedinqe and op�n for public inepection.
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WORK ON PRIVATE PROPERTY
SECTION 14. It ie hereby further determined to be in the best public intereat a
convenience and more economical to do certain work on private proper
to eliminate any dieparity in level or eize between the improvemente an
the private property. The actual cost of such work ie to be added to
the aesesement on the lot on which the work ie dona, and no work of this
nature is to be performed until the written coneent of the property
owner ia firat obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15. It ia hQraby declared that thia leqieiative body propoaea to levy an
annual aeoeeament pureuant to Section 10204 of the Streete and Hiqhways
Code of the State of California, eaid annual aseessment to pay coats
incurred by the City and not otherwiso reimbursed which reault from the
adminietration and collection of aseessmants or from the administration
or regietration of any aseociated bonds and reserve of other related
funde.
PASSED, APPROVED and ADOPTED by the City Council of the City of Palm Desert,
California, on this day of , 1992, by the followinq vote:
AYES:
NOES:
ABSENTs
ABSTAINs
MAYOP.
ATTEST:
CITY CLERK
CITY OF PALM DESERT
STATE OF CALIFORNIA
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