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HomeMy WebLinkAboutCC RES 06-151RESOLUTION NO. 06-151 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT DECLARING ITS INTENTION TO ORDER ACQUISITIONS AND IMPROVEMENTS FOR THE PROPOSED SECTION 29 ASSESSMENT DISTRICT (NO. 2004-2) PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND IN ACCORDANCE WITH ARTICLE XIII D OF THE CALIFORNIA CONSTITUTION AND TO COMPLY WITH THE REQUIREMENTS OF DIVISION 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE BY PROCEEDING UNDER PART 7.5 THEREOF THE CITY COUNCIL OF THE CITY OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDER AS FOLLOWS: Section 1. The owners of certain property located within the City of Palm Desert have requested the City Council to undertake proceedings pursuant to the Municipal Improvement Act of 1913 (Division 12 of the Streets and Highways Code, commencing with Section 10000) (the "1913 Act") to form an assessment district to be known as the "Section 29 Assessment District (No. 2004-02)" for the purpose of acquiring, constructing and installing certain public improvements of special benefit to the properties in the District. Section 2. The City Council hereby (i) finds that the public interest, necessity and convenience require and (ii) declares its intention to order acquisitions and improvements authorized by the 1913 Act. Such acquisitions and improvements are briefly described in Section 5, below. Section 3. The district of land to be benefitted by the acquisitions and improvements described in Section 5, below, and to be specially assessed to pay the costs and expenses of such acquisitions and improvements, including incidental expenses, shall be referred to as the "Section 29 Assessment District (No. 2004-2)" (the "Assessment District"). Section 4. The proposed Assessment District is generally located in the Section 29 area of 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, Section 29 Assessment District (No. 2004-2), 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 the public inspection. 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. P6401-1033\861239v4.doc RESOLUTION NO. 06-151 Section 5. The proposed acquisitions and improvements are briefly described as the installation, construction and/or acquisition of street and street -related improvements (consisting of new streets or the widening of existing streets, including Monterey Avenue, Gerald Ford Drive, Portola Avenue, 35th Avenue, Dinah Shore Drive, Gateway Drive, A Street, B Street and C Street; streets will be constructed or widened to City of Palm Desert standards, which may include, but not be limited to, curb and gutter, pavement, medians and median landscaping, sidewalks, traffic signals and utility relocations); storm drain improvements in 35th Avenue, Gateway Drive, A Street, Cortesa Way (which is a portion of C Street), C Street, Dinah Shore Drive and Portola Avenue and the acquisition of an existing retention basin constructed in a portion of Section 29, Township 4 South, Range 6 East SBM in the City of Palm Desert, and improvements thereto including, but not limited to, deepening of the retention basin and stabilization of the sidewals; sanitary sewer improvements in 35th Avenue, Dinah Shore Drive, crossing of Interstate 10, A Street, Gateway Drive, and Cortesa Way (which is a portion of C Street) and C Street; water system improvements (including water mains and hydrants) in 35th Avenue, Dinah Shore Drive, Portola Avenue, Gerald Ford Drive, Monterey Avenue, A Street, Gateway Drive, Dolce Avenue (formerly B Street), Cortesa Way (which is a portion of C Street), and C Street; appurtenances and appurtenant work; and the acquisition of real property, easements, rights -of -way or interests in real property which are necessary or convenient in connection with the acquisition and/or construction and installation and/or operation of the foregoing improvements. The improvements may include water and sewer facilities financed pursuant to development impact or other fees imposed by the Coachella Valley Water District upon properties in the Assessment District. The description of the acquisitions and improvements contained in this Resolution are general in nature. The plans and specifications and descriptions as contained in the Engineer's Report, hereinafter directed to be made and filed, shall be controlling as to the correct and detailed description thereof. Section 6. The City Council hereby declares its intention 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 proposed acquisitions and improvements described herein are hereby referred to MuniFinancial and Willdan, as Assessment Engineer, to make and file with the City Clerk of the City Council 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 8. The City Council hereby determines that it is in the public interest and more economical to do work on private property to eliminate 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 9. 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. 2 P6401-1033\861239v4.doc RESOLUTION NO, 06-151 Section 10. Notice hereby given that serial bonds or term bonds or both to represent unpaid assessments, and to bear interest at the rate 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 years from the second day of September next succeeding 12 months from their date. Section 11. The City Council hereby determines and declares that the City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. Section 12. The City Council hereby determines that the principal amount of bonds maturing or becoming subject to mandatory redemption in 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 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 13. 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 14. The City Council hereby designates the City Treasurer, or the designated agent of the City Treasurer, to collect and receive the assessments. Section 15. Any surplus moneys remaining in the improvement fund after the acquisition and completion of the proposed improvements described herein and the payment of all claims from the improvement fund established in connection with the Assessment District shall be disposed of in accordance with Sections 10427 and 10427.2 of the 1913 Act. Section 16. 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. Provided, however, this Section is not intended to prevent the City from entering into an agreement with any property owner pursuant to which the City agrees to acquire the improvements described herein or any portion thereof, from that property owner. Section 17. Pursuant to its Resolution No. 06-137, adopted on October 12, 2006, the City Council has entered into an agreement with the Coachella Valley Water District pursuant to Chapter 2 of the 1913 Act (commencing with Section 10100) because the water and sewer improvements described in Section 5 are to be owned, managed or controlled by the Coachella Valley Water District. The City Council hereby 3 P6401-1033\861239v4.doc RESOLUTION NO. 06-151 declares its intention to enter into an additional agreement or agreements with the Coachella Valley Water District in connection with financing fees of the Water District imposed upon properties in the proposed Assessment District. In addition, to the extent that any of the improvements or acquisitions described in Section 5 are to be owned, managed or controlled by any public agency other than the City or by a public utility, the City Council hereby declares its intention to enter into agreements with such other public agencies or public utilities in accordance with the 1913 Act. Section 18. The City intends to make a contribution for the cost of the improvements which are of general benefit, and such contribution shall be reflected in the Engineer's Report directed to be made and filed pursuant to Section 7 hereof. Section 19. The City Council hereby determines that the bonds issued to represent unpaid assessments may be refunded upon a determination of the City Council that the public interest or necessity requires such refunding. PASSED, APPROVED AND ADOPTED this 16th day of November 2006 by the following vote, to wit: AYES: BENSON, KELLY, SPIEGEL, and FERGUSON NOES: NONE ABSENT: NONE ABSTAIN: NONE ATTEST: SSA _. RACHE ELL D. KtSSE,'CITY CLERK \ CITY OF PALM DESERT, CALIFORNIA 4 P6401-1033\861239v4.doc