HomeMy WebLinkAboutCC RES 94-077t
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REBOLDTIO'i I�O. 94-��
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RTA217057
7188E88�'P DIBTRICT NO. 9�-1
(BIaHORN)
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WHEREAS, on April 14, 1994, the City Council (the "City
Council") of the City of Palm Desert (the "City") adopted Resolu-
tion No. 94-42, as amended by Resolution No. 94-57 adopted on May
25, 1994, the resolution of intention for Assessment District No.
94-1 (Bighorn), City of Palm Desert, County of Riverside, State of
California (the "l�issessment District"), declarinq the intention ot
the City Council, pursuant to the provisions oi Division 12 of the
Streete and Hiqhways Cod� ot the State of California, the Municipal
Improvement Act of 1913, to order the acquiBition and construction
of certain public improvemente described therein; and
WHEREAS, on May 26, 1994, the City Council adopted
Resolution No. 94-58 approvinq the report of the AsseBement
Engineer for the Assessment District (the ~RepOitMj, settinq 7:00
p.m. on July 14, 1994, and the meetinq room of the City Council o!
the City at 73-510 Fred Warinq Drive, Palm Desert, California, as
the time and place for hearinq protests to the proposed acquisition
and construction of such improvements, and providinq for notice ot
such hearing to be given by the City Clerk; and
WHEREAS, there has been presented to the City Council an
agreement entitled NAssessment District Acquisition and Construc-
tion Agreement, Assessment District No. 94-1 (Biqhorn)" to be
entered into between the City and Westinqhouse Desert Communities,
Inc., a California corporation, the owner of all of the parcels of
property within the Assessment District which are proposed to be
assessed ("Owner"), which provides, amonq other matters, that the
City will acquire from Owner with the proceeds of the sale of the
bonds for the Assessment District certain water system improvements
which are referred to therein as the Phase 1 Water System
Improvements for an acquisition price to be determined as provided
therein, that the City will proceed with the conatruction of
certain improvements to State Hiqhway 74 which are therein
described, with proceeds of the sale of euch bonds, and that the
City's performance pursuant to said aqreement is continqent upon
the satisfactory completion of proceedinqs for the formation of the
Assessment District and the issuance and sale of bonds therefor as
therein provided; and
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W�EREAS, there has alao been presented to the City
Council an aqreemant entitled "Aqreement for l�cqui4ition, n
Conveyance and Operation ot water System Improvements, 1�►ssessment .
District No. 94-1 (Biqhorn)" to be entered into amonq the City, -
Owner and Coachella Valley Water District (the "�istrict") which �,.;
provides, amonq other matters, that the City will acquire the
aforementioned Pha�a 1 Water System Improvenents tro� Owner ae
provided in the aloremantioned Assessment District Acquisition and
Construction Aqreement and convey �uch water system improvementB to
the District, and that tho City'a perloz�ance pursuant to said
aqresment is conditioned upon th4 �ati�factory completion of
proceedinqB for the foraation ot the l�issessment Dietrict and the
issuance and sale of bonde therefor as therein provided; and
WI�REAS, there has also been presented to the City
Council an aqreasent 4ntitled "Con�truction Manaqement Aqreement"
to be entered into between the City and Owner which provides, amonq
other matters, that the City �rill employ Owner as its aqent to
perfor� conatruction admini�tration services with respect to
construction ot the aforemantioned improvamenta to State Hfqhway
74, that the City will compensate Owner for the performance of such
servicea iroa the proc�eds o! the sala of the bonds for the
Assesament Distrfct as thmrein provided, and that the City's
performance of such aqraement is conditioned upon the succeseful
completion of prx�edinqs for the lormation of the Asaeeement
Dietrict and the issuance and sale ot bonds therefor aB therein
provided; and
W�RE�IS, the City Council has determined that such
agreements ehould be approved and that the l�iayor and the City Clerk
should be authorized to execute, attest and deliver such aqreenents
on behalf of the City;
Now, THEREFORE, the City Council of the City of Palm
Desert, California, DOES HEREBY RESOLVE as followe:
Section 1. The aforementioned Aesesement District
Acquisition and Construction Aqreement, Aqreement for Acquieition,
Conveyance and Operation of Water System Improvements and
construction Manaqement Aqreement are approved in the lorm
presented to the City Council at the meeting at �rhich this
resolution is adopted and the Mayor and the City Clerk are
authorized to execute, attest and deliver such aqreements on behal!
of the City.
Section 2. Notwithstandinq the provisions of Section 1
above, the authorization given by this resolution for the execu-
tion, attestation and delivery of the aforementfoned Construction
Manaqement Aqreement is conditioned upon the adoption by the City
Council at the conclueion of the protest hearinq to be conducted on
July 14, 1994 ot a resolution confirminq the assessment to be
levied on parcele ot property within the Assessment District as set
forth in the Report and ordering the acquieition and construction
of the water eystem improvements and the improvements to State
RTA217057 -2 -
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Highway 74 described in the Report and is further 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 Nayor and the City Clerk
shall execute and attest said aqreement on behalf of the City and
deliver said executed and attested aqreement 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 authoriz.ed to proceed with the
construction of the improvements to State Hiqhway 74 as provided
therein.
PASSED, APPROVED AND ADOPTED this 14th Day of Jul�, 1994,
by the following vote, to wit:
AYES: BENSON, CRITES, KELLY
NOES : SNYDER, WILSON
ABSENT: Not�TE
ABSTAIN:
r ATT $T :
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• Sheila R.
gan, C
NONE
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� Clerk
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Wilson, Mayor