HomeMy WebLinkAboutCC RES 94-101�� - � � �
RESOLUTION NO. 94-101
RESOLUTION OF � CTTY COUNCIL OF � C1TY OF
PALM DESERT, CALIFORNU, APPOINTING AND
DESIGNATING ASSESSMENT ENGINEER, BOND
COUNSEL, APPRAISER AND UNDERWRITER WITH
RESPECr TO THE FORMATION OF AND TI� ISSUANCE
AND SALE OF BONDS FOR PROPOSED ASSESSMENT
DIST'RIGT NO. 942 (SUNTERRACE), AND APPROVING
AND AiJTHORIZING EXECUTION OF AGREEMENT
REGARDING FORMATION UF SAID ASSFSSMENT
DISTRIGT
WHEREAS, the City of Palm Desert (the "City") has received a petition from
Robert B. Varner, the owner and developer of the residential development known as
"Sunterrace" located within the City requesting that the Ciry Council of the City (the "City
Council") initiate and conduct proceedings for the formadon of an assessment district
pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and
Highways Code, and the issuance and sale of bonds for the proposed assessment district
pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways
Code, for the purpose of financing the acquisition and constivction of certain public
improvements within and for the benefit of said residential development and the proposed
assessment district; and
WHEREAS, the City Council has determined that it will initiate and conduct such
proceedings as requested by Robert B. Varner; and
WHEREAS, it is necessary that the City Council designate and appoint an
assessment engineer to prepare a report pursuant to Sections 10203 and 10204 of the Streets
and Highways Code, bond counsel to prepare and supervise the proceedings with respect
to the formation of the proposed assessment district and the issuance and sale of bonds to
finance the acquisition and construction of the proposed public improvements, an appraiser
to make an appraisal of the market value of property within the proposed assessment
district, and an underwriter to underwrite and mazket the bonds to be issued for the
proposed assessment district;
NOW, THEREFORE, the City Cauncil of the City of Palm Desert, �California, DOES
HEREBY RFSOLVE as follows:
1. The City Council hereby appoints and retains Advanced Engineering Group, Inc.
as Assessment Engineer to prepare the report containing, among other matters, the
assessment diagram and assessment roll for the proposed assessment district, pursuant to
the agreement proposed by said firm which has been presented to the Ci:y Counci! at the
meeting at which this resolution is adopted, and the Assistant City Manager is authorized
to sign said agreement on behalf of the City.
2. The City Council hereby appoints and retains Best, Best & Krieger as bond
counsel for purposes of the proceedings for the formation of the proposed assessment
RESOLUTION NO. 94-10'
district and the issuance and sale of the bonds therefor pursuant to the letter proposal of
said firm submitted to the City Council at the meeting at which this resolution is adopted,
and the Assistant City Manager is authorized to sign said proposed letter on behalf of the
City.
3. T6e City Council hereby appoints and retains Joseph Miner and Dorfner &
Associates as appraiser to conduct an appraisal and render a report with respect to the value
of property within the proposed assessment district pursuant to the letter proposal of such
�irm submitted to the City Council at the meeting at which this resolution is adopted, and
the Assistant City Manager is authorized to sign said proposed letter on behalf of the City.
4. The City Council hereby appoints Stone & Youngberg as underwriter of the bonds
to be issued and sold for the proposed assessment distric�t. The terms and conditions upoa
which such firm will purchase and mazket the bonds to be issued and sold for the proposed
assessment district shall be set forth in a bond purchase agreement to be entered into
between such firm and the City at the time of the issuance and sale of such bonds, which
shall be presented to and approved by the City Council prior to the issuance and sale of
such bonds.
5. The City Counci] hereby approves the agreement to be entered into by and
between the City and Robert B. Varner, entided "Agreement Between the Ciry of Palm
Desert and Robert B. Varner Regarding Formation of Assessment District," and the Mayor
and the City Clerk are authorized to sign and attest said agreement on behalf of the City.
PASSED, APPROVED AND ADOPTED this 22nd day of September, 1994, by the
following vote, to wit:
AYES: Benson, Snyder, Wilson
NOES: None
,. ATTEST:
`� l�_ � � •�� .
'.�-.`-, Sheila Rc. illigan, (
'.� City of Desert
BJS228569 -2-
ABSENT: Crites, Kelly