HomeMy WebLinkAboutCC RES 98-098�
RESOLiTTION NO. 98-98
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT
...., MAKING CERTAIN FINDINGS AND TARING CERTAIN ACTIONS IN
CONNECTION WITH PROPOSED ASSESSMENT DISTRICT NO. 98-1 (THE
CANYONS AT BIGHORN)
THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS,
DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council, by its Resolution No. 98-
82 (the "Resolution of Intention"), declared its intention to
order the improvements for proposed Assessment District No. 98-1
(The Canyons at Bighorn) (the "Assessment District") pursuant to
the provisions of the Municipal Improvement Act of 1913
(California Streets and Highways Code Section 10000, � sea.)
(the "1913 Act") and as provided in Article XIIID of the
California Constitution, and ordered the Assessment Engineer,
MBIA MuniFinancial, to prepare and file a report (the "Engineer's
Report") with the City Clerk in accordance with Section 10204 of
the 1913 Act and Section 4 of Article XIIID of the California
Constitution.
�"" Section 2. The City Council, by its Resolution No. 98-
83, preliminarily approved the Engineer's Report entitled
� "Preliminary Engineer's Report, Assessment District No. 98-1 (The
Canyons at Bighorn), City of Palm Desert" (the "Engineer's
Report") which Engineer's Report is on file in the office of the
City Clerk.
Section 3. Based upon the report entitled "Limited
Appraisal in a Restricted Report," prepared by MacKenzie, Wagner
& Associates, Inc. in connection with the proceedings to form the
Assessment District, which report is on file in the office of the
City Clerk, the City Council hereby finds and determines that the
total amount of the principal sum of all unpaid special
assessments levied against the parcels proposed to be assessed,
as computed pursuant to paragraph (1) of subdivision (b) of
Section 2961 of the Streets and Highways Code of the State of
California, plus the principal amount of the special assessment
proposed to be levied in the instant proceedings for the
Assessment District, do not exceed one-half of the total value of
the parcels proposed to be assessed, as computed pursuant to
paragraph (2) of subdivision (b) of that Section. The City
Council further finds that compliance has been had with the
requirements of Division 4 of the Streets and Highways Code of
the State of California, the Special Assessment Investigation,
�"' Limitation and Majority Protest Act of 1931, by foliowing the
alternative procedure provided by Part 7.5 (commencing with
Section 2960) of said Division 4.
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RESOLIITION NO. 98-98
Section 4. The Acquisition Agreement by and between
the City and BIGHORN Development, LLC, presented at this meeting
and on file in the office of the City Clerk, is hereby approved,
and the Mayor is hereby authorized and directed, for and in the
name and on behalf of the City, to execute and deliver such
Agreement in substantially the form on file with the City Clerk
and presented at this meeting, with such additions thereto or
changes or insertions therein that hereafter become necessary in
the interest of the City and which are approved by the Mayor
{such approval to be conclusively evidenced by such execution and
delivery).
Section 5. The agreements by and between the City and
the affected public agencies, regulated public utilities or
mutual water companies that are to own, manage or control any of
the proposed improvements, presented at this meeting and on file
in the office of the City Clerk, are hereby approved, and the
Mayor is hereby authorized and directed, for and in the name and
on behalf of the City, to execute and deliver such agreements in
substantially the forms on file with the City Clerk and presented
at this meeting, with such additions thereto or changes or
insertions therein that hereafter become necessary in the
interest of the City and which are approved by the Mayor (such
approval to be conclusively evidenced by such execution and
delivery). �
�ection 6. The City Council hereby finds and �
determines that the public interest and convenience require the
construction and improvement of a segment of a State highway
located within the City, and that the land within the Assessment
District to be assessed to pay the cost and expenses thereof will
be benefitted. The agreement by and between the City and the
State of California Department of Transportation presented at
this meeting and on file in the office of the City Clerk, is
hereby approved, and the Mayor is hereby authorized and directed,
for and in the name and on behalf of the City, to execute and
deliver such agreement in substantially the form on file with the
City Clerk and presented at this meeting, with such additions
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�._
RESOLUTION NO. 98-98
thereto or changes or insertions therein that hereafter become
necessary in the interest of the City and which are approved by
`" the Mayor (such approval to be conclusively evidenced by such
execution and delivery).
...
PASSED, APPROVED and ADOPTED this 27th day of August,
AYES: CRITES, KELLY, SPIEGEL, BENSON
NOES: NONE
ABSENT: FERGUSON
ABSTAIN: NONE
ATTEST•
.�- . �/ 1'1
SHEILA R. -GI�LIGAN, fZ'�fI'Y CLERK
�...
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�..
M. BENSON, MAYOR
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