HomeMy WebLinkAboutCC RES 94-117RESOLUTION NO. 94-11
ASSESSMENT DISTRICT NO. 94-2
(SUNTERRACE)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT APPROVING AND AUTHORIZING
EXECUTION AND DELIVERY OF ASSESSMENT DISTRICT
ACQUISITION AGREEMENT AND AGREEMENT FOR
ACQUISITION, CONVEYANCE AND OPERATION OF
WATER AND SANITARY .AI/ill:Lt IMPROVEMENTS
WHEREAS, on September 22,1994, the (Sty Council (the "City Council") of
the City of Palm Desert (the "City") adopted Resolution No. 94-104, the resolution of
intention for Assessment District No. 94-2 (Sunterrace), City of Palm Desert, County of
Riverside, State of California (the "Assessment District"), declaring the intention of the City
Council, pursuant to the provisions of Division 12 of the Streets and Highways Code of the
State of California, the Municipal L.. . WW�w.t Act of 1913, to order the acquisition of
certain public improvements described therein and
WHEREAS, on September 2Z, 1994, the City Council adopted Resolution
No. 94-105 the report of the Assessment Engineer for the Assessment District
(the "Report"), setting 7:00 p.m. on November 10, 1994, and the meeting room of the City
Council of the City at 73-510 Fred Waring Drive, Palm Desert, California, as the time and
place for hearing protests to the proposed acquisition of such improvements, and providing
for notice of such hearing to be given by the CSty Clerk and
WHEREAS, there has been presented to the City Council an agreement
entitled "Assessment District Acquisition Agreement, Assessment District No. 94-2
(Sunterrace)" to be entered into between the City and Robert Varner, the owner of all of
the parcels of property within the Assessment District which are proposed to be assessed
("Owner"), which provides, among other matters, that the City will acquire from Owner with
the proceeds of the sale of the bonds for the Assessment District certain public
improvements which are referred to therein for an acquisition price to be determined as
provided therein, with proceeds of the sale of such bonds, and that the City's performance
pursuant to said agreement is contingent upon the satisfactory completion of proceedings
for the formation of the Assessment District and the issuance and sale of bonds therefor as
therein provided; and
WHEREAS, there has also been presented to the City Council an agreement
entitled "Agreement for Acquisition, Conveyance and Operation of Water and Sewer System
Improvements, Assessment District No. 94-2 (Sunterrace)" to be entered into among the
City, Owner and Coachella Valley Water District (the "District" which provides, among
other matters, that the City will acquire the aforementioned Water and Sewer System
Improvements from Owner as provided ih the aforementioned Assessment District
BJS238934
RESOLUTION NO. 94-117
Acquisition Agreement and convey such water system improvements to the District, and that
the City's performance pursuant to said agreement is conditioned upon the satisfactory
completion of proceedings for the formation of the Assessment District and the issuance and
sale of bonds therefor as therein provided; and
WHEREAS, the City Council has determined that said agreements should be
approved and that the Mayor and the City Clerk should be authorized to execute, attest and
deliver said agreements on behalf of the City;
NOW, THEREFORE, the City Council of the City of Palm Desert, California,
DOES HEREBY RESOLVE as follows:
Section 1. The aforementioned Assessment District Acquisition Agreement
and Agreement for Acquisition, Conveyance and Operation of Water and Sewer System
Improvements, are approved in the form presented to the City Council at the meeting at
which this resolution is adopted and the Mayor and the City Clerk are authorized to
execute, attest and deliver said agreements on behalf of the City.
ection 2. Notwithstanding the provisions of Section 1 above, the
authorization given by this resolution for the execution, attestation and delivery of the
aforementioned Acquisition Agreement is conditioned upon the issuance and sale of the
bonds for the Assessment District and the receipt of the proceeds of the sale of such bonds.
When such a resolution has been adopted and the bonds for the Assessment District have
been sold and the proceeds thereof have been received by the fiscal agent for such bonds,
the Mayor and the City Clerk shall execute and attest said agreement on behalf of the City
and deliver said executed and attested agreement to Owner, whereupon, and upon the
execution and delivery of said agreement by Owner, said agreement shall be fully effective
and enforceable as to the City, and Owner shall be authorized to proceed with the
construction of the improvements as provided therein.
PASSED, APPROVED AND ADOPTED this loth day of November, 1994,
by the following vote, to wit:
AYES: BENSON, KELLY, SNYDER, WILSON, CRITES
NOES: NONE
ABSENT: NONE
ABSTAINED: NONE
Sheila R. Gdligak City Cle
City of Palm Desert, California
BUFORD A: CRITES, MAYOR
City of/Palm Desert,
California
BJS238954
-2-