CC Resolution 2000-030 RESOLUTION NO. 2000-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
APPROVING THE CITY'S BALLOTS FOR PARTICIPATION IN THE
ASSESSMENT DISTRICT 2000-1 PHASE VI PUBLIC SEWER
IMPROVEMENTS
WHEREAS, in accordance with the provisions of Section 5896 5 of the
California Streets and Highways Code, at least five 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 1 913, being Division 12 of the Streets and Highways Code of
the State of California (herein referred to as the "191 3 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, during the February 15, 2000 City Council Meeting, the City
Council adopted Resolution No. 2000-08 Declaring the City's intent to order the
construction of certain improvements and to form Assessment District 2000-1 (Phase
VI Improvements); and
WHEREAS, during the regular City Council Meeting of February 15, 2000, the
City Council adopted Resolution No. 2000-09 Preliminarily adopting, confirming, and
approving the Engineer's Report and appointing a time and place for hearing protest
to improvements in the proposed Assessment District 2000-1 (Phase VI
Improvements); and
WHEREAS, during the regular City Council Meeting of February 15, 2000, the
City Council directed staff to mail ballots to each property owner affected by the
proposed Assessment District 2000-1; and
Resolution No. 2000-30
AD 200-1/Phase VI, Sewer Improvements
Adopted: April 4. 2000
Page 2
WHEREAS, proposed Assessment District 2000-1 is provided to levy an
assessment for a period of 15 years to issue bonds in the amount of the assessment
and to proceed with the proposed public improvement project which includes the
construction of public sewers; and
WHEREAS, the City of La Quinta is the owner of record of four parcels affected
by the proposed Assessment District 2000-1; and
WHEREAS, the City owned parcels affected by the proposed Assessment
District 2000-1 are as follows:
Assessor's Parcel Number (APN) 773-145-010, APN 770-18 Lot B, APN 646-
31 3-001, and APN 646-31 3-002; and
WHEREAS, ballots for the proposed Assessment District 2000-1 are to be
received by the City no later than April 18, 2000 at 5:00 p.m.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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 support Assessment District
2000-1 covering the real property benefitted by said Improvements.
SECTION 2. Pursuant to Section 4 of Article XIID of the Constitution of the
State of California, parcels within the Assessment District 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 publicy-owned parcels infact receive no special benefit from the improvement.
SECTION 3. The City Council declares its approval of the City's ballots for
participation in Assessment District 2000-1 Phase VI Public Sewer Improvements for
APN 773-145-010, APN 770-18 Lot B, APN 646-313-001, and APN 646-313-002 in
a total estimated amount not to exceed 91 9,776.40.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting held on the 4~ daV of April, 2000 by the following vote:
Resolution No. 2000-30
AD 200-1/Phase VI, Sewer Improvements
Adopted: April 4, 2000
Page 3
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JO~.PEf~A~y~r
City of La Quinta, California
ATTEST:
NE~E ~ ~
JU f~K, City Clerk
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
DAWN C. HONEYW L~,L,~ity Attorney
City of La Quinta, California