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CC Resolution 2000-008-- RESOLUTION NO. 2000-08 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS AND TO FORM ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS) WHEREAS, in accordance with the provisions of Section 5896 5 of the California Streets and Highways Code, at least 5 owners of more than 50 percent in area of the property subject to assessment for the proposed construction of certain improvements hereinafter described (the "Improvements") have petitioned for the construction in proceedings to be taken by the City Council of the City of La Quinta (herein referred to as the "City") pursuant to the provisions of the Municipal Improvement Act of 1 91 3, being Division 12 of the Streets and Highways Code of the State of California (herein referred to as the "1 913 Act") and for the issuance of bonds in the proceedings under the Improvement Bonds Act of 1915 (the "1915 Act") (collectively the "Acts"); and WHEREAS, all proceedings required by the provisions of Division 4 of said Streets and Highways Code (being the Special Assessment Investigation, Limitations, and Majority Protest Act of 1931, Streets and Highways Code Sections 2800-301 2) (the "1931 Act") will be complied with pursuant to the Alternative Proceeding's provisions of Sections 2960 et seq. thereof; and WHEREAS, it appears to the City Council that an assessment district should be formed to finance the installation of said improvements under the provisions of the Acts; and WHEREAS, the proposed territory and boundaries of such assessment district are shown on a map, which map is designate "Boundary Map for Assessment District No. 2000-1 (Phase VI) (herein referred to as "Map"), has been presented to the City Council for approval and is on file in the office of the City Clerk; and WHEREAS, MuniFinancial, the Engineer of Work (the "Engineer of Work"), is competent to make and has filed with the City Clerk the report with regard to the Improvements, which report is required by the Acts to be made and filed; and WHEREAS, before ordering the Improvements, the City Council is required, under the Acts, to adopt a resolution declaring its intention to do so. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: Resolution No. 2000-08 Assessment District 2000-1 Intention to Order Adopted: February 15, 2000 Page 2 SECTION 1. This City Council hereby finds and declares that the public interest and necessity require the construction of the Improvements, as hereinafter described and this City Council hereby declares its intention to order the Improvements and to form an assessment district covering the real property benefitted by said Improvements. SECTION 2. The proposed assessment district shall be designated "Assessment District No. 2000-1 (Phase VI Improvements). SECTION 3. The Map, which indicates by a boundary line the extent of the territory included in said proposed assessment district, and the individual zones thereof, is hereby declared to describe the proposed boundaries of "Assessment District No. 2000-1 (Phase VI Improvements)," and shall govern for all details as to the extent of said assessment district. SECTION 4. The Clerk of the City is hereby directed to endorse her certificate on the original of the Map evidencing the date and adoption of this resolution and to file said Map in her office, and to file a copy of said Map so endorsed with the County Recorder of Riverside County, California within fifteen (15) days after the adoption of the resolution fixing the time and place of hearing on the formation and extent of the assessment district. SECTION 5. The Improvements which the City Council intends to order are the construction of certain underground utility system improvements, appurtenances, right-of-way improvements, and all appurtenant work in connection therewith in certain streets and other public easements as provided in the Engineer's Report. SECTION 6. Pursuant to Section 4 of Article XIIID of the Constitution of the State of California, parcels within the assessment district that are owned or used by any local agency, the State of California or the United States shall not be exempt from assessment, unless it can be demonstrated by clear and convincing evidence that such publicly-owned parcels in fact receive no special benefit from the Improvements. SECTION 7. Notice is hereby given that serial bonds to represent unpaid assessments, which bear interest at a fixed or variable interest rate of not to exceed twelve percent per annum or such higher maximum interest rate of not to exceed twelve percent per annum or such higher maximum interest rate as may be permitted Resolution No. 2000-08 Assessment District 2OOO-1 Intention to Order Adopted: February 15, 2000 Page 3 such bonds shall mature in not to exceed 39 years from the second of September next succeeding 12 months from their date. The alternate procedure for collecting assessments and advance retirement of bonds as set forth in Part 11.1 of Division 10 of the Streets and Highways Code shall apply herein. Pursuant to Section 8650.1 of said Code, the City Council may determine to issue said bonds so that other than an equal annual proportion of the principal amount shall mature each year. SECTION 8. The City Council further hereby declares that it is its intention to covenant that, upon default of certain assessment payments due (except under circumstances to be specified in the resolution issuing the bonds or a related resolution), it will commence foreclosure proceedings to be commenced by November 1 of each year, as permitted by Section 8830(b) of the Streets and Highways Code. SECTION 9. The City Council further declares that it is its intention to create a special reserve fund to provide for the purchase of tax delinquent property by the City and for other advances contemplated to be made by the City under Part 13 of Division 10 of the Streets and Highways Code. SECTION 10. The City Council hereby finds and determines that if the assessment proposed herein results in a surplus in the improvement fund to be provided for in the proceedings hereafter taken pursuant to this resolution, after the Improvements are constructed, the surplus shall be applied as a credit on the assessment, unless the City Council hereafter otherwise provides by resolution, all in accordance with the provisions of Section 10427 to 10427.2, inclusive, of the Streets and Highways Code. SECTION 11. Whenever, in the Municipal Improvement Act of 1 913 or in the Improvement Bond Act of 1 91 5, a notice, resolution, order or matter relative to said proceedings for the work, acquisitions and improvements in said assessment district is required to be published, the City Clerk is hereby ordered to publish such notice, resolution or other matter in the Desert Sun which is hereby selected by the City Council for that purpose. SECTION 12. The City Council hereby appoints MuniFinancial, as the Engineer of Work, refers to the proposed construction and acquisitions to the Engineer of Work and directs the Engineer to make and file with the City Clerk a report in writing containing the matters specified in Section 10204 of the Streets and Highways Code. Resolution No. 2000-08 Assessment District 2000-1 Intention to Order Adopted: February 15, 2000 Page 4 SECTION 13. Pursuant to Streets and Highways Code Section 8769, this City Council hereby determines that the City will not obligate itself to advance available funds from the City Treasury to cure any deficiency which may occur in the Redemption Fund; provided, however, this determination shall not prevent the City from, in its sole discretion, advancing funds for such purpose as otherwise provided in the Improvement Bond Act of 1 915. SECTION 14. The City Council further declares that the bonds issued for Assessment District 2000-1 (Phase VI Improvements) shall be refundable in accordance with the provisions of the "Refunding Act of 1984 for 1 91 5 Improvement Act Bonds." SECTION 15. Pursuant to the provision of the authority granted by the Acts, the City Council hereby determines and declares that, in its opinion, the public interest will not be served by allowing any owner of property located within the assessment district to be awarded any contract to be let under this proceeding and said property owners shall not be awarded any such contracts. SECTION 16. The City Council further declares that it is its intention to enter into agreements with certain public agencies and private utilities pursuant to Section 5896.9 of the Streets and Highways Code, regarding the construction and installation of the Improvements, the cost of which shall be assessed upon the real propertV benefitring therefrom and title to which shall vest, upon completion, in said public utilities. SECTION 17. The Engineer of Record is hereby authorized and directed to prepare a report and take the other actions required pursuant to Section 2961 of the 1931 Act. SECTION 18. Appropriate staff of the City is hereby authorized and directed to take such acts in furtherance of this resolution as may be necessary to accomplish the proceedings initiated herein. The costs of such actions, if any, shall be advanced from the General Fund of the City or the City Redevelopment Capital Improvement Funds. Such advances, if any, shall be reimbursed to the General Fund from the proceeds of bonds to be issued hereunder. Resolution No. 2000-08 Assessment District 2000-1 Intention to Order Adopted: February 15, 2000 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting held on the 15th day of February, 2000 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None JOH J. FE_~A, a~yor City of La Quinta, California ATTEST: C~Quinta, California '' APPROVED AS TO FORM: DAWN C. HONEYWL(I~L, City Attorney City of La Quinta, California