Loading...
HomeMy WebLinkAbout21151 - RESOLUTIONS - 12/1/2004 RESOLUTION NO. 21151 OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING THAT CERTAIN WATER FACILITIES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND DESERT WATER AGENCY, THAT CERTAIN POWER FACILITIES AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND SOUTHERN CALIFORNIA EDISON, AND THAT CERTAIN ACQUISITION AGREEMENT BETWEEN THE CITY OF PALM SPRINGS AND THE PROPERTY OWNERS RELATED TO ASSESSMENT DISTRICT NO. 164 (MOUNTAIN GATE II); AUTHORIZING EXECUTION THEREOF BY APPROPRIATE CITY OFFICIALS; AND MAKING CERTAIN FINDINGS AND DETERMINATIONS IN CONNECTION THEREWITH WHEREAS, the City Council of the City of Palm Springs, California, (the "Council" and "City"), has taken proceedings pursuant to the Municipal Improvement Act of 1913 ("1913 Act"') Division 12 of the Streets and Highways Code, for the formation of an assessment district, the levy and collection of assessments, and the issuance and sale of limited obligation improvement bonds (the 'Bonds") pursuant to the Improvement Bond Act of 1915, Division 10 of the Streets and Highways Code; and ' WHEREAS, the assessment district is identified as Assessment District No. 164 (Mountain Gate II), hereinafter referred to as the "District"; and WHEREAS, the developer of property within the District is Mountain Gate II Palm Springs Ventures, LLC, a California limited liability company (the "Developer"); and WHEREAS, proceeds from the sale of Bonds shall be used, among other things, to pay for public improvements including to pay for water system improvements, undergrounding of power lines and connection fees required for the development of land within the District; and WHEREAS, the water facilities (and the connection fees relevant to such facilities) shall become the property of Desert Water Agency ("DWA") and it is required by said Sections 10109 and 10110 of the 1913 Act that the financing of such facilities be pursuant to a written agreement between the City and DWA; and WHEREAS, that certain "Water Facilities Agreement," in the form on file with the City Clerk, is an agreement which meets the requirements of Sections 10109 and 10110; WHEREAS, the power facilities shall become the property of Southern California Edison ("SCE") and it is required by Sections 10109 and 10110 of the 1913 Act that the financing of such facilities be pursuant to a written agreement between the City and SCE; and ' WHEREAS, that certain 'Power Facilities Agreement"', in the form on file with the City Clerk, is an agreement which meets the requirements of Sections 10109 and 10110; and Resolution No. 21151 Page 2 WHEREAS, the Developer has requested that an Acquisition and Funding ' Agreement be entered into as a means for Developer to pay for or to recover costs advanced for such public improvements installed by Developer or another agency and which upon completion are to be turned over to the City and to other public agencies for operation and maintenance; and WHEREAS, the City has caused the current Acquisition and Funding Agreement in the form on file with the City Clerk to be prepared. NOW THEREFORE BE IT RESOLVED, as follows: Section 1. That the recitals set forth hereinabove are true and correct in all respects. Section 2. That said Water Facilities Agreement in substantially the form on file with the City Clerk is hereby approved and the City Manager or Finance Director and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. Section 3. That said Power Facilities Agreement in substantially the form on file with the City Clerk is hereby approved and the City Manager or Finance Director and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. .Section 4. That said Acquisition Agreement in substantially the form on file with the ' City Clerk is hereby approved and the City Manager or Finance Director and City Clerk are hereby authorized and directed to execute the same for and on behalf of the City. ADOPTED this 1st day of December, 2004. AYES: Members Foat, McCulloch, Mills, Pougnet and Mayor Oden NOES: None ABSENT: None ATTEST: CITY OF PALM SPRINGS, CALIFORNIA g �. �� . ±- -� �✓ y ity rvla Acting City Clerk C "