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HomeMy WebLinkAboutCC RES 94-042� .�Ms RESOLOTION NO. 94-42 ASSESSMENT DISTRICT NO. 94-1 (Biqhorn) RESOLIITION OF THE CITY COONCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQIIISITION AND CONSTRIICTION OF CERTAIN IMPROVEMENTS WITHIN AND FOR A PROPOSED A88ESSMENT DISTRICT AND THE PAYMENT OF CERTAIN EBPENSEB INCIDENTAL THERETO PIIRSIIANT TO THE MIINICIPAL IMPROVEMENT ACT OF 1913, DESCRIBING THE ASSE88MENT DISTRICT TO BE ASSESSED TO PAY THE COBTS AND EBPENSES THEREOF, AND DETERMINING THAT BONDS BHALL BE I88IIED IN THE AMOIINT OF T8E IINPAID ASSESBMENTS PIIRSIIANT TO THE IMPROVEMENT BOND ACT OF 1915 WHEREAS, Westinghouse Desert Communities, Inc., a California corporation, has presented a signed petition.to the City Council (the "City Council") of the City of Palm Desert (the "City") requesting the formation of an assessment district for the acquisition and construction of certain public improvements, together with appurtenances and appurtenant work and incidental costs and expenses in connection therewith, pursuant to the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, with bonds to be issued to finance said improvements pursuant to the Improvement Bond Act of 1915, Division 10 of said Code, said assessment district being designated "Assessment District No. 94-1 (Bighorn), City of Palm Desert, County of Riverside, State of California" (the "Assessment District"); and WHEREAS, the City Council has adopted a resolution approving and authorizing execution of an agreement entitled "Assessment District Acquisition and Construction Agreement, Assessment District No. 94-1 (Bighorn)" between Westinghouse Desert Communities, Inc., and the City providing for the acquisition and construction of said public improvements, and for the initiation by the City of proceedings for the formation of the Assessment District pursuant to the Municipal Improvement Act of 1913 and the sale of bonds pursuant to the Improvement Bond Act of 1915 to acquire and construct and finance the acquisition and construction of said public improvements; and WHEREAS, the City Council hereby finds that the public interest, convenience and necessity require the acquisition and construction of the public improvements and payment of incidental costs and expenses in connection therewith, for the benefit of the lands within the exterior boundaries of the Assessment District, all within the exterior boundaries of the City, that the acquisition and construction of the public improvements is feasible, and that the lands to be assessed will be able to carry ��� ��_> Ct - " BJS205281 � � � the burden of the proposed assessments and to pay the costs and expenses thereof; NOW, THEREFORE, the City Council of the City of Palm Desert, California, DOES HEREBY RESOLVE as follows: Section 1. Acquisition and Construction of Improvements. The public interest, convenience, and necessity require, and it is the intention of the City Council pursuant to the provisions of Division 12 of the Streets and Highways Code, the Municipal Improvement Act of 1913, to order the acquisition and construction of certain public improvements referred to hereinafter as the "improvements," all in the City of Palm Desert, County of Riverside, State of California, described as follows: ' I. WATER 8Y8TEM IMPROVEMENTS A. Water Storage Reservoirs (1) The 1.3 million gallon ("MG") 1040 foot pressure zone reservoir (2} The 0.9 MG 1140 foot pressure zone reservoir (3) The 0.4 MG 1240 foot pressure zone reservoir B. Water Transmission Mains (1) The 1040 Zone East Transmission Main (approximately 2474 lineal feet of 18- inch diameter and 352 lineal feet of 24- inch diameter pipeline) (2) The 1040 Zone West Transmission Main (approximately 2600 lineal fe�t of i8- inch diameter pipeline) (3) The 1140 Zone East Transmission Main (approximately 2865 lineal feet of 18- inch diameter pipeline) (4) The 1140 Zone West Transmission Main (approximately 3270 lineal feet of 18- inch diameter pipeline) (5) The offsite domestic water transmission main adjacent to the Palm Valley Stormwater Channel from Greene Way to Cahuilla Way (approximately 13,000 lineal feet of 24-inch diameter pipeline) BJS205281 -2- � . -�. .. ,� � C. Pump Stations (1) The 540 Zone Pump Station (approximately 6,836 gallons per minute ["GPM"]) (2) The 680 Zone Pump Station (approximately 6,836 GPM) (3) The 840 Zone Pump Station (approximately 6,836 GPM) (4) The 1040 Zone Pump Station (approximately 6,156 GPM) (5) The 1140 Zone Pump Station (approximately 753 GPM) (6) The 1240 Zone Pump Station (approximately 183 GPM) D. Off-Site Wells (1) Hovely Well (2) Magnesia Falls Well II. SIGiiWAY 74 IMPROVEMENTS The widening to four (4) lanes and landscaping of State Highway 74 from the middle of the existing 1,000-foot radius curve on the south to the intersection with Cahuilla Way, on the north, including the installation of left-turn lanes at the intersections of Palowet Drive and Cahuilla Way, with an 18-foot median and a 10- foot outside shoulder. This description of the improvements is intended to be general in nature and the description of the improvements contained in the report of the Assessment Engineer shall be controlling as the correct and detailed description thereof. Section 2. Description of Assessment District. The improvements will be of d�rect benefit to properties and lands within the proposed Assessment District which is hereby declared to be the district benefitted by said improvements and to be assessed to pay the costs and expenses thereof. Said district shall be known as "Assessment District No. 94-1 (Bighorn), City of Palm Desert, County of Riverside, State of California," and shall be all that part of the City, having the exterior boundaries as shown on the map of the Assessment District entitled "Proposed Boundaries of Assessment District No. 94-1 (Bighorn), City of Palm Desert, County of Riverside, State of California," which map is on file in the office of the City Clerk of the City. Reference is BJS205281 -3 - � � hereby made to said map for a full and complete description of the Assessment District, and said map shall govern for all details as to the extent of the Assessment District. Section 3. Reoort. The proposed improvements are hereby referred to Robert Bein, William Frost & Associates, the Assessment Engineer for the Assessment District, and said Assessment Engineer is hereby directed to make and file with the City Clerk of the City a report (the "Report") in writing presenting, to the extent they may be applicable, the following: (A) Plans and specifications of the proposed improvements which shall indicate the class and type of improvements to be provided for each zone within the Assessment District; (B) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements; (C) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection therewith, including any cost of registering bonds; (D) A diagram showing as they existed at the time of the adoption of this resolution of intention (i) the exterior boundaries of the Assessment District, (ii) the boundaries of any zones within the Assessment District, and (iii) the lines and dimensions of each parcel of land within the Assessment District. Each subdivision, including each condominium interest, as defined in Section 783 of the Civil Code, shall be given a separate number upon said diagram; (E) A proposed assessment of the total amount of the costs and expenses of the acquisition and construction of the improvements upon the several subdivisions of land in the Assessment District in proportion to the estimated benefits to be received by said subdivisions, respectively, from the improvements. Said assessment shall refer to such subdivisions by their respective numbers as assigned pursuant to subparagraph (D) of this Section 3. (F) A proposed maximum annual assessment upon each of the several subdivisions of land in the district to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. BJS205281 -4- ; . .�... -.-.,. � .�� (G) A description of the improvements to be acquired and constructed. Section 4. Bonds. It is hereby determined and declared and notice is hereby given that serial bonds or term bonds, or both, to represent and to be secured by the unpaid amount of the assessments which will be levied to pay the costs and expenses of the acquisition and construction of the improvements, and to bear interest at the rate of not to exceed twelve percent (12�) per annum, shall be issued in the manner provided by Division 10 of the Streets and Highways Code, the Improvement Bond Act of 1915, and the last installment of such bonds shall mature not later than thirty-nine (39) years from the second (2nd) day of September next succeeding twelve (12) months from their date. The amount of principal of the bonds maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year will be an aggregate amount that is substantially equal each year, except for the monies 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. Section 5. Special Reserve Fund. Pursuant to Part 16 (commencing with Section 8880) of Division 10 of the Streets and Highways Code, there shall be included in the assessments to be levied on the land in the Assessment District, as an incidental expense of the proceedings, an amount not to exceed ten percent (10�) of the amount of the bonds to be issued to create a special reserve fund for the bonds. Said special reserve fund shall be identified as the "Assessment District No. 94-1 Special Reserve Fund," and upon receipt of the bond sale proceeds, said proceeds shall be transferred to said special reserve fund. Said special reserve fund shall constitute a trust fund for the benefit of the bondholders, and shall be maintained, used, transferred, reimbursed and liquidated as provided in said Part 16. Section 6. Collection of Assessments and Advance Retirement of Bonds. The procedures set forth in Part 11.1 of Division 10 of the Streets and Highways Code shall be followed in the collection of assessments and advance retirement of bonds. Section 7. Disposition of Surplus Funds. If after completion of the acquisition and construction of the improvements and the payment of all claims from the improvement fund the City Council shall determine that a surplus remains in the improvement fund by reason of the assessment and any BJS205281 -5- � �� '� .� supplemental assessment levied for the improvements, any such surplus shall be used, in such amounts as the City Council shall determine, as follows: (A) For transfer to the general fund of the City of an amount not to exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5$) of the total amount expended from the improvement fund; (B) For the maintenance of the improvements; (C) As a credit upon the assessment and any supplemental assessment, in the manner provided in Section 10427.1 of the Streets and Highways Code; (D) To call bonds, thereby reducing outstanding assessments and subsequent assessment installments. Section 8. Refundina of Bonds. The City Council determines that the bonds to be issued pursuant to Section 4 hereof may be refunded pursuant to Division 11.5 (commencing with Section 9500) of the Streets and Highways Code on the following conditions: (A) The maximum interest rate on the refunding bonds shall not exceed the maximum rate permitted by law at the time of the refunding; (B) The maximum number of years to maturity of the refunding bonds shall not exceed the number of years to maturity of the bonds to be refunded; and (C) Any adjustment to assessments resulting from the refunding will be done on a pro-rata basis. Section 9. No Obliaation to Cure Deficiency. The City Council determines and declares pursuant to Section 8769 of the Streets and Highways Code that the City will not obligate itself to advance available funds from the treasury of the City to cure any deficiency which may occur in the bond redemption fund. Section 10. Proceedinas Under the Special Assessment Investigation. Limitation and Ma�oritv Protest Act of 1931. The City Council intends to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4(commencing with § 2800) of the Streets and Highways Code, by proceeding under Part 7.5 (commencing with § 2960) of said Division 4. In addition to the matters . BJS205281 -6- 1 „ .. ,....� provided for in Section 3 hereof, there shall be included in the report provided for therein the following information: (A) The total amount, as near as may be determined, of the total principal of all unpaid special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceed- ings, which would require an investigation and report under said act against the total area proposed to be assessed; and (B) The total true value, as near as may be determined, of the parcels of land and improvements which are proposed to be assessed. Pursuant to Sections 2961 and 2980 of the Streets and iiighways Code, such total true value shall be the full cash value of such land and improvements as defined in Article XIII A of the California Constitution as shown upon the last equalized assessment roll of the County of Riverside. Section 11. ProAerty Owners Taking Contract. It is hereby determined and declared that the public interest will not be served by allowing the owners of the lands assessed or liable to be assessed, or their agents, to take a contract for the construction and installation of the improvements. Section 12. Adiustment of Grade on Private Prooerty. Wherever it is necessary to eliminate any disparity in level or size between said improvements and private property, it is in the public interest and more economical to do such work on private property than to adjust the work on public property to eliminate such disparity. PASSED, APPROVED AND ADOPTED this 14th day of April, 1994, by the following vote, to wit: BJS205281 - 7 - AYES: Benson, Crites, Kelly, Snyder ,