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HomeMy WebLinkAboutCC RES 95-031RESOLUTION NO. 95-31 ASSESSMENT DISTRICT NO. 94-3 (MERANO) 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 SEWER IMPROVEMENTS WHEREAS, on February 9, 1995, the City Council (the "City Council") of the City of Palm Desert (the "City") adopted Resolution No. 95-6, the resolution of intention for Assessment District No. 94-3 (Merano), 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 Improvement Act of 1913, to order the acquisition and construction of certain public improvements described therein; and WHEREAS, on February 9, 1995, the City Council adopted Resolution No. 95-9 approving the report of the Assessment Engineer for the Assessment District (the "Report"), setting 7:00 p.m. on April 13, 1995, 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 and construction of such improvements, and providing for notice of such hearing to be given by the City Clerk; and WHEREAS, there has been presented to the City Council an agreement entitled "Assessment District Acquisition Agreement, Assessment District No. 94-3 (Merano)" to be entered into between the City and the Robert L Mayer Trust, 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. 94-3 (Merano)" 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 in the aforementioned Assessment District BJS258636 RESOLUTION NO. 95-31 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. Section 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 acquisition of the improvements as provided therein. PASSED, APPROVED AND ADOPTED this 27th day of April, 1995, by the following vote, to wit: AYES: i Vat 1 S-Amid.4� / 5 �.6 , evra- NOES: V ABSENT: p ABSTAINED: L)C / t ATTEST: e-)Sheila R. igan, City'Clerk City of P Desert, California Buford A. Crites, Mayor City of Palm Desert, C'aiifornia BJS255636 -2-.