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HomeMy WebLinkAboutCC RES 00-098RESOLUTION NO. 00-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF AN ACQUISITION AND CONSTRUCTION AGREEMENT AND AN AGREEMENT FOR ACQUISITION, CONVEYANCE AND OPERATION OF WATER SYSTEM IMPROVEMENTS IN CONNECTION WITH ASSESSMENT DISTRICT NO. 94-1 (BIGHORN) RECITALS: A. On April 14, 1994, the City Council (the "City Council") of the City of Palm Desert (the "City") adopted its Resolution No. 94-42, as amended by Resolution No. 94-57, adopted on May 25, 1994 (the Resolution of Intention") relating to the construction and acquisition of public improvements under and pursuant to provisions of the Municipal Improvement Act of 1913 (Division 12 (commencing with Section 10000) of the California Streets and Highways Code) within Assessment District No. 94-1 (Bighorn) (the "Assessment District"). B. On July 14, 1994, after conducting a duly noticed public hearing, the City Council adopted Resolution No. 94-74 ordering the construction and acquisition of the proposed improvements and confirming the proposed assessment against parcels within the Assessment District in the amount of $11,425,000 (the "Assessment") to finance the acquisition and construction of the improvements, which improvements were designated the Series A Improvements and the Series B Improvements. $6,945,000 of the Assessment was designated for the Series A Improvements (which consist of certain water and highway improvements) and $4,480,000 of the Assessment (the "Series B Assessment") was designated for the proposed Series B Improvements (which consist of certain additional water improvements) (the "Series B Improvements"). C. On August 17, 1994, the City issued and sold Series A improvement bonds in the aggregate principal amount of $6,945,000 to finance the Series A Improvements. D. BIGHORN Development, LLC, a California limited liability company, the owner of real property within the boundaries of the Assessment District (the "Owner"), has informed the City that the Owner has constructed certain of the Series B Improvements and now proposes to construct the remainder of the Series B Improvements and has requested the City to acquire all of the Series B Improvements from the Owner with the proceeds of the Series B Assessment. E. In connection with the construction and acquisition of the Series B Improvements, there has been presented to the City Council an agreement entitled "Assessment District Acquisition and Construction Agreement, Assessment District No. 94-1 (Bighorn)" (the "Acquisition Agreement") to be entered into between the City and the Owner which provides, among other matters, that the City will acquire from the Owner the Series B Improvements. F. There has also been presented to the City Council an agreement entitled "Agreement for Acquisition, Conveyance and Operation of Series B Water System Improvements, Assessment District No. 94-1 (Bighorn)" to be entered into among the City, the Owner and the Coachella Valley Water District (the "District") which provides, among other matters, that the City will acquire the Series B Improvements from the Owner as provided in the Acquisition Agreement and convey such improvements to the District. 1 RESOLUTION NO. 00-98 NOW, THEREFORE, the City Council of the City of Palm Desert, California, hereby finds, determines, resolves and orders as follows: Section I. The Agreement by and between the City and the Owner entitled "Assessment District Acquisition and Construction Agreement, Assessment District No. 94-1 (Bighorn)" 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 2. The Agreement by and among the City, the Owner and the District entitled "Agreement for Acquisition, Conveyance and Operation of Series B Water System Improvements, Assessment District No. 94-1 (Bighorn)" 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 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things, and to execute and deliver any and all documents which they may deem necessary or advisable, in order to effectuate the purposes of this Resolution, and any such actions previously taken by such officers are hereby ratified and confirmed. to wit: Section 4. This Resolution shall take effect immediately upon adoption. PASSED, APPROVED and ADOPTED this 31 st day of July 2000, by the following vote, AYES BENSON, FERGUSON, KELLY, SPIEGEL, CRITES NOES NONE ABSENT NONE ABSTAIN NONE TTEST;! LIGAN, LM DES TY CLERK L/Y ord A. Crites, Mayor 2