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Home My WebLink AboutCC RES 98-082Ilk RESOLUTION NO. 98-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING ITS INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED ASSESSMENT DISTRICT NO. 98-1 (THE CANYONS AT BIGHORN) PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Section 1. The City Council hereby (i) finds that the public interest, necessity and convenience require and (ii) declares its intention to order improvements authorized by the Municipal Improvement Act of 1913, Division 12 of the California Streets and Highways Code, commencing with Section 10000 (the "1913 Act"). Such improvements are briefly described in Section 4, below. Section 2. The district of land to be benefitted by the improvements described in Section 4, below, and to be specially assessed to pay the costs and expenses of such improvements, including incidental expenses, shall be referred to as "Assessment District No. 98-1 (The Canyons at Bighorn)" (the "Assessment District"). Section 3. The proposed Assessment District is generally located within the boundaries of the development known as The Canyons at Bighorn located east of Highway 74 and generally south of Indian Hills Way, within the City of Palm Desert. For a full and complete description of the exterior boundaries of the proposed Assessment District, reference is hereby made to a map of the exterior boundaries of such real property labeled "Proposed Boundaries, Assessment District No. 98-1 (The Canyons at Bighorn), City of Palm Desert, Riverside County, California," which map is hereby approved by the City Council and is now on file in the office of the City Clerk and open to public inspection. The office of the City Clerk is located at 73-510 Fred Waring Drive, Palm Desert, California 92260. The -City Clerk is hereby authorized and directed to cause a copy of such map to be recorded in accordance with California Streets and Highways Code Section 3111. Section 4. The proposed improvements (the "Improvements") are briefly described as the installation, construction and acquisition of improvements as follows: 980514 P6401-00001 rdh 1673272 0 - 1 - RESOLUTION NO. 98-82 A. On -site and off -site water supply improvements including but not limited to the construction, grading, trenching, installation and relocation of water mains; water storage facilities; water reservoirs; pump stations; fire hydrants; pressure reducing stations and values; blow -off valves; well improvements and other appurtenant facilities. B. Sewer distribution improvements including but not limited to construction, grading, trenching and installation of sewer mains; laterals; manholes and appurtenant facilities. C. Dry utility improvements including but not limited to construction, grading, trenching and installation of gas/electric/telephone/cable television facilities; manholes; vaults; pipe conduits; connections; pedestals; pads and appurtenant facilities related thereto. D. Highway 74 street improvements including but not limited to the construction, grading and installation of pavement; cross gutters; curbs and gutters; sidewalks; handicap ramps; median islands; parkway and easement grading; striping; traffic signals; street lights; signs; fencing; erosion control; appurtenant facilities and acquisition of construction easements and rights - of -way necessary or convenient for all works and improvements related thereto. E. Park and recreation improvements including a portion of the improvements described in the "Five Year Capital Improvement Program" approved by the City Council on June 25, 1998 and on file in the office of the City Clerk, which benefit parcels within the proposed Assessment District. F. Traffic signalization improvements including a portion of the traffic signalization improvements described in the "Five Year Capital Improvement Program" approved by the City Council on June 25, 1998 and on file in the office of the City Clerk, which benefit parcels within the proposed Assessment District. G. Drainage facility improvements including a portion of the storm drainage improvements described in the "Master Drainage Plan for the City of Palm Desert" approved by the City Council on June 11, 1992 and on file in the office of the City Clerk, which benefit parcels in the proposed Assessment District. H. Off -site drainage improvements including but not limited to the construction, grading, trenching, installation and relocation of storm drain piping; inlet and outlets; culverts; collectors; manholes; headwalls and appurtenant facilities. 980514 P6401-00001 rdh 1673272 0 - 2 - RESOLUTION NO. 98-82 I. Indian Hills Way street improvements including but not limited to the construction, grading and installation of pavement; cross gutters; curbs and gutters; sidewalks; handicap ramps; parkway improvements; striping; street lights; signs; fencing; erosion control; appurtenant facilities and acquisition of construction easements and rights -of -way necessary or convenient for all works and improvements related thereto. Section 5. The City Council hereby declares its intention to levy an assessment to maintain, repair, or improve the works and improvements described in Section 4 above pursuant to Section 10100.8 of the 1913 Act. Section 6. The City Council hereby declares its inten- tion to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the California Streets and Highways Code (the "1931 Act") by proceeding under Part 7.5 of the 1931 Act. Section 7. The City Council hereby provides for a contribution by the City of a part of the costs and expenses of certain of the proposed Improvements. Section 8. The proposed Improvements are hereby referred to MBIA Munifinancial, the Assessment Engineer, to make and file with the City Clerk a report in writing in accordance with Article XIIID, Section 4 of the California Constitution and Section 10204 of the 1913 Act, which report shall also contain all of the information required by Section 2961 of the 1931 Act. Section 9. The City Council hereby determines that it is in the public interest and more economical to do work on private property to eliminate any disparity in level or size between the proposed Improvements and private property than to adjust the work on public property to eliminate such disparity. Section 10. Provision is hereby made for the issuance of improvement bonds, in one or more series, pursuant to Chapter 7 of Division 12 of the California Streets and Highways Code, commencing with Section 10600. Section 11. Notice is hereby given that serial bonds or term bonds or both to represent unpaid assessments, and to bear interest at the rate of not to exceed 12 percent per annum, payable semiannually, shall be issued hereunder in one or more series in the manner provided by the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code, and the last installment of bonds shall mature a maximum of 39 980514 P6401-00001 rdh 1673272 0 - 3 - RESOLUTION NO. 98-82 years from the second day of September next succeeding 12 months from their date. Section 12. The City Council hereby determines and declares that the City will not obligate itself to advance avail- able funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. Section 13. The City Council hereby determines that the principal amount of bonds maturing or becoming subject to mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds, and the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year shall be an aggregate amount that is substantially equal each year, except for the moneys 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 14. With respect to the procedures for collection of assessments and the advance retirement of bonds in connection with the proposed Assessment District, the City Council proposes to proceed under the provisions of Part 11.1 of Division 10 of the California Streets and Highways Code. Section 15. The City Council hereby designates the City Treasurer, or the designated agent of the City Treasurer, to collect and receive the assessments. Section 16. Any surplus moneys remaining in the improvement fund after the completion of the proposed Improve- ments and the payment of all claims from the improvement fund shall be disposed of in accordance with California Streets and Highways Code Section 10427. Section 17. In the opinion of the City Council, the public interest will not be served by allowing property owners to take a contract to perform any of the work. 980514 P6401-00001 rdh 1673272 0 - 4 RESOLUTION NO. 98-82 Section 18. The City Council hereby declares its intention to enter into an agreement with any other public agency, regulated public utility or mutual water company pursuant to Chapter 2 of the 1913 Act (commencing with Section 10100) if any of the works, acquisitions or improvements described in Section 4 hereof are to be owned, managed or controlled by any other public agency, regulated public utility or mutual water company. 1998. PASSED, APPROVED and ADOPTED this 9th day of July, AYES: FERGUSON, KELLY, SPIEGEL, BENSON NOES: NONE ABSENT: CRITES ABSTAIN: NONE SHEILA R. :T LIGAN, 980514 P6401-00001 rdh 1673272 0 TY CLERK - 5 - JE4 M. BENSON, MAYOR