HomeMy WebLinkAboutCC RES 06-137RESOLUTION NO. 06-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM
DESERT IN CONNECTION WITH THE PROPOSED SECTION 29
ASSESSMENT DISTRICT TO APPROVE THE FORM OF A JOINT
FACILITIES AGREEMENT AND TO APPROVE THE FORM OF A
DEPOSIT AND REIMBURSEMENT AGREEMENT
RECITALS:
WHEREAS, the owners of certain property located within the City of Palm Desert, as
shown on Exhibit A, attached hereto, have requested the City Council to initiate
proceedings pursuant to the Municipal Improvement Act of 1913 (Division 12 of the Streets
and Highways Code, commencing with Section 10,000) (the "1913 Act") to form an
assessment district to be known as the "Section 29 Assessment District" for the purpose of
acquiring, constructing and installing certain public infrastructure improvements (sewer and
water lines, street improvements, storm drainage) of special benefit to the properties in the
Assessment District; and
WHEREAS, the Coachella Valley Water District (the "CVWD") provides water and
sewer service to the property within the proposed Assessment District. Included among the
public facilities proposed to be installed and constructed are certain facilities necessary to
serve the property within the proposed Assessment District and which will be owned,
operated and maintained by CVWD; and
WHEREAS, Sections 10109 and 10110 of the 1913 Act permit the City to finance
facilities to be owned or operated by a public agency other than the City, such as CVWD,
pursuant to a joint facilities agreement; and
WHEREAS, the form of a Joint Community Facilities Agreement by and among the
City, CVWD, Ponderosa Homes II, Inc. a California corporation ("Ponderosa"), and
Rilington Dolce LLC, a California limited liability company ("Rilington") (the "JCFA"), has
been presented to this City Council for its consideration; and
WHEREAS, Ponderosa and Rilington have requested the City to cause certain of
the proposed sewer and water improvements (the "Phase I Improvements") to be installed
and constructed in advance of the formation of the proposed Assessment District and
issuance of bonds and to that end have deposited with the City the City's estimated costs
of installing and constructing the Phase I Improvements, together with the costs of a
construction manager related thereto; and
WHEREAS, the form of a Deposit and Reimbursement Agreement by and among
the City, Ponderosa and Rilington, which Deposit and Reimbursement Agreement will
govern the application of the above -described deposit, has been presented to this City
Council for its consideration;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
PALM DESERT:
1. Recitals. The above recitals are all true and correct.
RESOLUTION NO. 06-137
2. Approval of JCFA. The form of JCFA as presented to this City Council at this
meeting and on file with the City Clerk is hereby approved. Subject to the
approval of the JCFA by the Board of CVWD, the Mayor is hereby authorized
and directed to execute and deliver the JCFA substantially in the form on file
with the City Clerk and presented to this meeting, with such additions thereto
or changes or insertions therein as may be approved by the Mayor (such
approval to be conclusively evidenced by such execution and delivery).
3. Approval of Deposit and Reimbursement Agreement. The form of Deposit
and Reimbursement Agreement as presented to this City Council at this
meeting and on file with the City Clerk is hereby approved. The Mayor is
hereby authorized and directed to execute and deliver the Deposit and
Reimbursement Agreement substantially in the form on file with the City
Clerk and presented to this meeting, with such additions thereto or changes
or insertions therein as may be approved by the Mayor (such approval to be
conclusively evidenced by such execution and delivery).The Deposit and
Reimbursement Agreement as presented to the City Council at this meeting
supercedes the Deposit and Reimbursement Agreement presented to the
City Council at its meeting of June 22, 2006.
4. Other Acts. 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.
PASSED AND ADOPTED this 12th day of October, 2006, by the following vote, to
wit:
AYES: BENSON, KELLY, SPIEGEL, and FERGUSON
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
ATTEST:
RACHELLE D. KLASSEN, CITY CLER
CITY OF PALM DESERT, CALIFORNIA
JIM FE'GOWN/MAYOR
P6401 \ 1033\920188v 1
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RESOLUTION NO. 06-137 EXHIBIT "A"
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