The URL can be used to link to this page

Home My WebLink AboutCC RES 92-094RESOLUTION NO. 92-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING ITS INTENTION TO ORDER ACQUISITIONS FOR PROPOSED ASSESSMENT DISTRICT NO. 92-1 (SIERRANOVA) PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND TO COMPLY WITH THE REQUIREMENTS OF DIVISZON 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 FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. The City Council hereby (i) finds that the public interest, necessity and convenience require and (ii) declares its intention to order the acquisition of works, improvements, appliances and facilities authorized by the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code (commencinq with Section 10000) (the "1913 Act"). The works, improvements, appliances and facilities to be acquired are briefly described in Exhibit A, attached hereto•and incorporated herein by reference. Section 2. The district of land to be benefitted by the acquisitions briefly described in Exhibit A and to be specially assessed to pay the costs and expenses of such acquisitions shall be refereed to as "Assessment District No. 92- 1" (Sierranova) (the "Assessment District"). Section 3. For a description of the exterior boundaries of the real property to be benefitted by the proposed acquisitions briefly described in Exhibit A and to be specially assessed to pay the cost and expenses of such acquisitions, reference is hereby made to a map of the exterior boundaries of such real property desiqnated "Proposed Boundary of Assessment District No. 92-1 (Sierranova), City of Palm Desert, County of Riverside, State of California" presented to the City Council at this meetinq and now on file in the office of the City Clerk of the City of Palm Desert. The City Council hereby approves such map. The office of the City Clerk is located at 73-510 Fred- Waring Drive, Palm Desert, California 92260. Section 4. On the original of the above-described map and on at least one copy of the map, the City Clerk is hereby authorized and directed to endorse her certificate evidencing the date and adoption of this Resolution and the date of filing the original map in the office of the City Clerk. The City Clerk is hereby authorized and directed to file the oriqinal of the map in the office of the City Clerk and to cause a copy thereof to be recorded in the office of the County Recorder of the County of Riverside in accordance with Streets and Highways Code Section 3111. 4zos i i x o3zobat m Section 5. 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 of the California Streets and Highways Code (the "1931 Act") by proceeding under Part 7.5 of the 1931 Act. Section 6. The proposed acquisitions described in Exhibit A are hereby referred to the Assessment Engineer, Kicak and Associates, to make and file with the City Clerk a report in writing in accordance with Section 10204 of the 1913 Act, which report shall also contain all of the information required by Section 2961 of the 1931 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 the works, improvements, appliances and facilities proposed to be acquired and private property on such private property, rather than to adjust the work on public property to eliminate such disparity. Section 8. To the extent that any of the works, appliances and facilities described in Exhibit A are, or may be, under the ownership, management, or control of any public agency other than the City of Palm Desert or of a regulated public utility, it is the intention of the City Council to enter into an agreement with such public agency or public utility pursuant to Chapter 2(commencing with Section 10100) of the 1913 Act. Section 9. Provision is hereby made for the issuance of improvement bonds, in one or more series, pursuant to Chapter 7 of Division 12 of the California Streets and Highways Code, commencing with Section 10600. Section 10. Notice is hereby qiven that serial bonds or term bonds or both 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 one or more series in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (commencinq with Section 8500), and the last installment of bonds shall mature a maximwa of 39 years from the second day of September next succeeding 12 months from their date. It is the intention of the City Council to create a special reserve fund pursuant to Part 16 of Division 10 of the California Streets and Highways Code for one or more of the purposes provided in Part 16. Section 11. The City Council hereby determines and declares that the City will not obliqate itself to advance avail- able funds from the City Treasury to cure any deficiency which may occur in the bond redemption fund. Section 12. The City Council hereby determines that the principal amount of bonds maturing or becoming subject to 920911 u 0320641 (2) - 2 - mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds and the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year shall be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the 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. �ection 13. With respect to the procedures for collec- tion of assessments and the advance retirement of bonds in con- nection with the Assessment District, the City Council proposes to proceed under the provisions of Part 11.1 of the 1913 Act. Section 14. The City Council hereby designates the City Treasurer to collect and receive the assessments. �ection 15. 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 succeeding month until such delinquent installment and all penalties thereon are fully paid. �ection 16. The City Council hereby determines that the bonds issued to represent unpaid assessments may be refunded under specified conditions. The City Council hereby declares that such bonds may be refunded upon determination 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 12 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 refundinq bonds shall not exceed 39 years from the second day of September next succeeding 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 17. Any surplus moneys remaining in the improvement fund after the completion of the proposed acquisitions and the payment of all claims from the improvement fund shall be disposed of in accordance with Section 10427 of the 1913 Act. 92o9ii x o3zo6ati cz> — 3— Section i�. The City Council hereby declares that any lot or parce2 belonqinq 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 acquisitions described in Exhibit A. 1992. PASSED, APPROVED AND ADOPTED this 24th day of September, AYES: B$NSON, CRITES, SNYD$R, WILSON AND KBLLY NOSS: NONE ABSENT: NONB ABSTAIN: NONE �� , ATT$S?: � , � ,�'�' ' '-L � r_'��f � r �� Sheila R. G� liqah, City Clerk - 4 - . Ric ard S. Kelly, Mayo EXHIBIT A D�SCRIPTION OF PUBLIC IMPROVEMENTS 1. 2. 3. Street Imorovements All of the street and related improvements as shown on the plan for Tract No. 25711, desiqnated as Eldorado Drive, sheets 4 and 5 of 13, approved by the Director of Public Works of the City of Palm Desert on November 14, 1991, and on file at the office of Director of Public Works. (Portions of said improvements extend into Lots M and N of said Tract). All the street and related improvements in Lot B as shown on sheets 3 and 4 of 13 of the above mentioned plans, designated as Sandcastle Lane. water System Improvements The Water System improvements as shown an sheets 1 through 8 of 8 for Tract 25711. The plans were approved on January 13, 1992, and reflect the "As Built" condition as of August 10, 1992. These "As Built" plans are on file in the office of Coachella Valley Water District as File No. 18568 for Sheet 1 of 8 through File No. 18568 for sheet 8 of 8 respectively. The system to be acquired consists of mains 8", 12" and 18" diameter, valves, air-vacs, fire hydrants and other appurtenances as shown on the plans referenced above. The system is located in the public rights-of-ways and easements, as said rights-of-ways and easements are shown on Tract 25711, recorded in Book 236 of Maps, Pages 6 through 10 thereof, in the records of Riverside County. Sanitary Sewer System The sanitary sewer system improvements as shown on sheets 1 through 9 of 9, for Tract 25711. The plans were approved January 13, 1992, and reflect the "As Built" plans as of March 24, 1992. These approved "As Built" plans are on file in the office of Coachella Valley Water District as File No. 18569 through 18577 for sheets 1 of 9 through 9 of 9 sheets. The system to be acquired consists of 10", 8", and -;" diameter V.C.P., manholes and clean-outs. The system as described above is located in public rights-of-ways and easements, as said rights-of-ways and �2o9i� u osZo6a� rn Exhibit A-1 easements are shown on Tra�t 25711, recorded in Book 236 of Maps, pages 6 through 10 thereof, in the records of Riverside County. 92o9ii x o3zobe� cz� Exhibit A-2