HomeMy WebLinkAboutCC RES 94-026C��.�u��
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RS30LUTION NO. 94-26
R.$SOLUTION OF Ti� CITY COUNCIL OF Tf� CITY OF
PALM D$SSRT, CALIFORAIIA, APPOINTING AND
D$SIC�iATIAiG A3S$SSMSNT ENGINSER, BOND COIINSSL,
APPRAIS$R AND UND$RWRITER iiITH RESPSCT TO Tf�
FORMATION OF AND THS I3SUANCS AND SALS OF
BONDS FOR PROPOS$D ASSSSSMSNT DISTRICT NO.
94-1 (BIGHORN), AND APPROVING AND AUTfiORIZING
g%$CUTION OF AGRSEMBNT RSGARDING FORMATION OF
SAID ASS$33t�I�1T DISTRICT
wHEREAs, the City of Palm Desert (the "City") has received a
petition from Westinghouse Desert Communities, Inc., the owner and
developer of the residential development known as "Bighorn" 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 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 construction 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 westinghouse Desert
communities, Inc.; 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 Hiqhways Code, bond
counsel to prepare and supervise the proceedinqs with respect to
the formation of the proposed assessment district a�d 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 market the bonds 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 Robert Bein,
William Frost & Associates as Assessment Engineer to prepare the
report containing, among other matters, the assessment diagram and
assessment roll for the proposed assessment district, pursuant to
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RSSOLUTION NO. 94-26
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the agreement proposed by said f irm which has been presented to the
City Council 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 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. 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 property 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 Prager, McCarthy & Sealy
as underwriter of the bonds to be issued and sold for the proposed
assessment district. The terms and conditions upon which such firm
will purchase and market 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 Council hereby approves the agreement to be
entered into by and between the City and Westinghouse Desert
Communities, Inc., entitled "Agreement Between the City of Palm
Desert and westinghouse Desert Communities, Inc. 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.
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R$SOLiITION NO. g4-2�
PASSED, APPROVED AND ADOPTED this 24th ddy of February ,
1994, by the following vote, to wit:
AYE S: BENSON, KELLY, SNYDER, WILSON
NOE S : NONE
ABSENT : CRITES
ABSTAIN: NONE
ATTEST: I ' - "
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Sheila R. �'#1ligan, ,C ty Clerk
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