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HomeMy WebLinkAboutCC RES 04-003RESOLUTION NO. 04- 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, OF INTENTION TO LEVY REASSESSMENTS AND TO ISSUE REFUNDING BONDS FOR ASSESSMENT DISTRICT NO. 98-1 (REASSESSMENT AND REFUNDING OF 2004) RESOLVED, by the City Council (the "Council") of the City of Palm Desert (the "City"), County of Riverside, (the "County") California: WHEREAS, this Council has conducted assessment proceedings for its Assessment District No. 98-1 (The Canyons at Bighorn) and in such proceedings issued improvement bonds designated "Limited Obligation Improvement Bonds, City of Palm Desert, Assessment District No. 98-1 (The Canyons at Bighorn), Series 1998," dated December 16, 1998, in the original principal amount of $34,760,000 (the "Prior Bonds"); and WHEREAS, the public interest and necessity requires the refunding of the Prior Bonds and this Council intends to accomplish such refunding through the levy of reassessments in and for the City's Assessment District No. 98-1 (The Canyons at Bighorn) (Reassessment and Refunding of 2004) (the "Reassessment District") and the issuance of refunding improvement bonds upon the security of the unpaid reassessments levied therein, a portion of the proceeds of which refunding bonds, together with other available moneys from the funds held in connection with the Prior Bonds, shall be used to refund the Prior Bonds. NOW, THEREFORE, IT IS ORDERED as follows: 1. Authority. The proceedings for the levy and collection of reassessments as security for the issuance and payment of refunding bonds shall be conducted pursuant to the Refunding Act of 1984 for 1915 Improvement Act Bonds, Division 11.5 (commencing with Section 9500) of the Streets and Highways Code of California (the "Act") and specifically Section 9525 of the Act. 2. Boundary Map. The contemplated reassessments and refunding, in the opinion of this Council, are of special benefit, and the costs and expenses thereof are made chargeable upon the Reassessment District, the exterior boundaries of which are shown on a map thereof to be filed in the office of the City Clerk, to which map reference is hereby made for further particulars. The map indicates by boundary lines the extent of the territory included in the Reassessment District and shall govern for all details as to the extent thereof. 3. Public Property Omitted. This Council declares that all public streets, highways, lanes and alleys within the District in use in the performance of a public function shall be omitted from the reassessment hereafter to be made to cover the { q 11ti.7.`n NJ. 0)/ -. costs and expenses of the reassessment and refunding, except to the extent that such properties shall be found to specially benefit from such reassessment. 4. Reassessment and Report. The reassessment and refunding are hereby referred to Munifinancial, Temecula, California, a qualified firm employed by this City for the purpose hereof (the "Reassessment Consultant"), and the Reassessment Consultant is hereby directed to make and file with the Clerk a written reassessment report presenting the following: (a) A schedule setting forth the unpaid principal and interest on the Prior Bonds to be refunded and the total amounts thereof; (b) The total estimated principal amount of the reassessment and of the refunding bonds to be secured by the unpaid reassessments and the maximum interest thereon, together with an estimate of cost of the reassessment and of issuing the Bonds, including all costs of issuing the refunding bonds, as defined by subdivision (a) of Section 9600 of the Act; (c) The auditor's record kept under Section 8682 of the Streets and Highways Code of California showing the schedule of principal installments and interest on all unpaid reassessments for the Prior Bonds and the total amounts thereof; (d) The estimated amount of each reassessment, identified by reassessment number corresponding to the reassessment number of the reassessment diagram, together with a proposed auditor's record for the reassessment prepared in the manner described in Section 8682; and (e) A reassessment diagram showing the Reassessment District and the boundaries and dimensions of the subdivisions of land within the Reassessment District. Each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. When any portion or percentage of the costs and expenses of the reassessment and refunding is to be paid from sources other than the reassessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the reassessment and refunding, and the reassessments shall include only the remainder of the estimated costs and expenses. If any excess shall be realized from the reassessment, it shall be used, in such amounts as this Council may determine, in accordance with the provisions of law, in a manner or manners to be provided in these proceedings. 5. Refunding Bonds. Notice is hereby given that it is the intention of this Council to issue the City's limited obligation refunding improvement bonds (the "Bonds"), to represent the unpaid reassessments to be levied in proceedings under this Resolution. The Bonds shall be in the form(s) of serial/or term bonds and shall bear interest at the rate or rates of interest to be determined by this Council at the time of -2- 1'e..._:';a�%,„ rJ, ;,:- sale of the Bonds, but not to exceed the maximum rate authorized by applicable law at time of such sale. The Bonds will be issued in the manner provided by the Act, the last installment of which Bonds (or series thereof) shall mature on a date that is not later than the final, scheduled maturity of the Prior Bonds. The City will not obligate itself to advance available funds from the City's treasury to cure any deficiency in the redemption fund to be created with respect to the Bonds; provided, however, that a determination not to obligate itself shall not prevent the City from, in its sole discretion, so advancing the funds. 6. Bond Call Procedures. The provisions of Part 11.1 of Division 10 of the Streets and Highways Code of California, providing for an alternative procedure for the advance payment of reassessments and the calling of bonds, shall apply to the Bonds issued under these proceedings. 7. Consultants. For its proceedings for the Reassessment District, the Council hereby appoints: Stinson Securites, LLC, San Francisco, California, and Kinsell, Newcomb & DeDios, Inc., Solana Beach, California, as co -underwriters; and Jones Hall, A Professional Law Corporation, San Francisco, California, as bond counsel, Best, Best & Krieger, Riverside, California, and disclosure counsel, MuniSoft, Modesto, California, as financial advisor, and Munifinancial, Temecula, California, as Reassessment Engineer. The appropriate officers of the City are hereby directed to enter into such agreements for the services of such consultants as such officers deem necessary, provided that the compensation to be paid shall be entirely contingent on and payable from the proceeds of the successful issuance and sale of the Bonds. 8. Effective. This resolution shall take effect upon its adoption. ************ APPROVED and ADOPTED this 22nd day of January following vote, to wit: AYES: BENSON, CRITES, FERGUSON, KELLY, SPIEGEL NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: sue'. Rachelle D. Klassen, City Clerk / TaK/�2GC� Robert A. Spiegel, Ma or , 2004, by the - 3 - 010 ,111% Aeg.der