CC Resolution 2000-032 RESOLUTION NO. 2000-32
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
CONFIRMING ASSESSMENTS IN PROPOSED ASSESSMENT DISTRICT
NO. 2000-1 (PHASE VI), ORDERING THE PROPOSED IMPROVEMENTS
TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT
AND RECEIVE MONEY
WHEREAS, the city Council of the City of La Quinta by Resolution No. 2000-08
heretofore adopted by the City Council on February 15, 2000, declared its intention
to order the work to be done and the improvements to be made as described in that
resolution in an assessment district to be designated Assessment District No. 2000-1
(Phase VI), as shown and designated on that certain map entitled "Proposed
Boundaries, Assessment District No. 2000-1 (Phase VI), City of La Quinta on file in the
office of the City Clerk; and
WHEREAS, the City Council in and by that resolution referred the work,
acquisitions and improvements to MuniFinancial, as Engineer of Work, and directed it
to make and file with the City Clerk a report in writing; and
WHEREAS, the Engineer of Work duly filed with the City Clerk a report in
writing, including plans and specifications of the proposed improvement, a general
description of works, appliances or property to be acquired, an estimate of the costs
of the improvements and of land, rights of way, easements, and incidental expenses
in connection with the improvements, a diagram showing the assessment district and
the boundaries and dimensions of the subdivisions of land within the assessment
district as they were expected at the time the Resolution was adopted, a proposed
assessment of the total amount of the costs and expenses of the proposed
improvements upon the several subdivisions of land in the assessment district in
proportion to the estimated benefits to be received by such subdivisions from the
improvements and a proposed maximum annual assessment for administration and
collection of assessments, all in accordance with Sections 10203 and 10204 of the
California Streets and Highways Code; and
WHEREAS, the City Council, by Resolution No. 2000-09 heretofore adopted on
February 15, 2000, preliminarily approved as modified the Engineer's Report and fixed
Tuesday, March 21, 2000, at 7:00 p.m. and Tuesday, April 18, 2000, at 7:00 p.m.
in the chambers of the City Council, City Hall, 78-495 Calle Tampico, La Quinta,
California, as the times and places for a public meeting and for a public hearing,
respectively, for hearing protests or objections to the proposed acquisitions and
improvements, the extent of the assessment district and the proposed assessment,
and provided for notice of the hearing; and
Resolution No. 2000-32
Assessment District 2000-1
Adopted: April 18, 2000
Page 2
WHEREAS, the Assessment Engineer of Record filed an affidavit with the City
Clerk indicating that all requirements were met for the procedures in order to
complete a Declaration setting forth a time and manner of compliance with the
requirements for mailing notices of the passage of Resolution No. 2000-09 and of the
time and place of the aforementioned Public Meeting and Public Hearing for hearing
protest or objections to the proposed acquisitions and improvements and the City
Council hereby finds that notice of a passage of that Resolution and of the time and
place for hearing protest or objections to the proposed acquisitions and improvements
have been mailed in the time, form, and manner required by law; and
WHEREAS, the public meeting and public hearing were duly held by the City
Council at the times and places for the hearing of all objections to the proposed work
and improvements; and
WHEREAS, either no written protests, objections, or votes, measured by
assessment amount as required by law, against the assessment were filed with the
City Clerk at or before the time set for said hearing with respect to the improvements,
or any protests, objections, or votes, measured by assessment amount as required
by law, against the assessment received were less than majority protest and
overruled; and
WHEREAS, the City Council immediately thereupon acquired jurisdiction to
order the proposed improvements to be made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and the City Council so
finds and determines.
SECTION 2. The City Council hereby confirms the proposed assessment in the
maximum amount of 92,765,549 and declares that the Confirmed Report of the
Engineer including the pians, specifications, description of acquisitions, estimates of
the cost of the improvements, assessments, boundary map and diagram are hereby
finally adopted, accepted, confirmed, and approved.
SECTION 3. The City Council hereby orders the work, acquisitions and
improvements described in Resolution No. 2000-08 and in the report to be done and
made.
Resolution No. 2000-32
Assessment District 2000-1
Adopted: April 18, 2000
Page 3
SECTION 4. The City Clerk shall transmit to the Superintendent of Streets
(Director of Public Works) of the City of La Quinta the diagram and assessment, as
amended and modified. The Superintendent of Streets is hereby directed to record
the diagram and assessment in his office in a substantial book kept for that purpose
and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the
Office of the Recorder, County of Riverside, and upon the date of such recordation
in the Recorder's office the assessment shall become a lien upon the lands upon
which it is levied, and upon the date of recordation in the Superintendent of Street's
office, the assessment shall become due and payable, all pursuant to the Municipal
Improvement Act of 1 91 3.
SECTION 5. The City Treasurer of the City of La Quinta is hereby designated
to collect and receive the money paid pursuant to the assessment during the cash
collection period, in the manner prescribed by law.
SECTION 6. The City Clerk and City Treasurer are hereby directed to give
notice of the improvement by mailing and publishing notice in the manner set forth
in Streets and Highways Code Section 10404 to the owners of the real property
within the assessment district assessed thereby.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting held on the 18~ day of April, 2000, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
J P
City of La Quinta, California
Resolution No. 2000~32
Assessment District 2000-1
Adopted: April 18, 2000
Page 4
ATTEST:
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
DAWN C. HONEY~j~ELL, City Attorney
City of La Quinta, California