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HomeMy WebLinkAboutCC RES 94-114RESOLUTION NO. 94-114 RESOLUTION OF 1'FIE CITY COUNCIL OF TI� CITY OF PALM DESERT, CALIFORNIA, APPOINTING AND DESIGNATING ASSESSMENT ENGINEER, BOND COUNSEL, APPRAISER AND FINANCIAL ADVISOR WITH RESPECT TO THE FORMATION OF AND Tf� ISSUANCE AND SALE OF BONDS FOR PROPOSED ASSESSMENT DISTRICT NO. 943 (MERANO), AND APPROVING AND AUTHORIZING EXECUTION OF AGREEMENT REGARDING FORMATION OF SAID ASSESSMENT DISTRICT WHEREAS, the City of PaYm Desert (the "City") has received a petition from Robert L Mayer, Trustee of the Robert L Mayer Trust, the owner and developer of the residential development known as "'Vlerano" located within the City requesting that the City Council of the City (the "City Council") initiate and conduct proceedings for the formation 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 disuict pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code, for the purpose of financing the acquisition of certain public improvements within and for the b�nefit of said residential development and the proposed assessment district; and WHEREAS, the Ciry Council has determined that it will initiate and conduct such proceedings as requested by the Robert L Mayer Trust; and Wi-iEREAS, it is necessary that thG 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 dis:rict and the issuance and sale of bonds to finance the acquisition of the proposed public improvements, an appraiser to make an appraisal of the market value of prupertv withirt the proposed assessment district, and an underwriter to underwrite and market the �onds to be issued for the proposed assessment district; ' NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE as follows: 1. The City Council hereby appoints and retains KWC Engineers, 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 City Council at the meeting at which this resolution is adopted, and the Assistant Ciry Manager is authorized to sign said agreement on behalf of the Ciry. 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. 94-114 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 Ciiy. 3. The City Council hereby appoints and retains MacKenzie & Associates as appraiser to conduct an appraisal and render a report with respect to the value of properiy within the proposed assessment district pursuant to the letter proposal of such 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. 4. The City Council hereby appoints C�rt deCrinis & Co. as financial advisor for Assessment District No. 94-3 (Merano). The terms and condidons upon which such firm will provide financiat advisory services for the proposed assessment district shall be set forth in an agreement to be entered into between such firm and the City 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. 5. The City Council hereby approves the agreement to be entered into by and between the City and the Robert L Mayer Trust, entitled "Agreement Between the City of Palm Desert and the Robert L Mayer Trust 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 l0th day of November, 1994, by the following vote, to wit: AYES: BENSON, CRITES, KELLY, SNYDER, WILSON NnES' NnNF. BJS23BB53 -2-