CC Resolution 2000-053-- RESOLUTION NO. 2000-53
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.
2000-2 (PHASE VI UNDERGROUND UTILITY IMPROVEMENTS)
WHEREAS, in accordance with the provisions of Section 5896 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 "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
"1 931 Act") will be complied with, if necessary, 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 designated "Boundary Map for Assessment District No.
2000-2 (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, Willdan Associates, 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.
Resolution No. 2000-53
Assessment District No. 2000-2
Phase VI Underground Utility Improvements
Adopted: June 6, 2000
Page 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
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 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. 2000-2 (Phase VI Underground Utility 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. 2000-2 (Phase VI Underground Utility 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, the
acquisition and construction of necessary public rights-of-way, 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.
Resolution No. 2000-53
Assessment District No. 2000-2
Phase VI Underground Utility Improvements
Adopted: June 6, 2000
Page 3
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
by law, will be issued hereunder in the manner provided in Division 10 of the Streets
and Highways Code (the Improvement Bond Act of 1 915) and the last installment of
such bonds shall mature in not to exceed 39 years from the second of September
next succeeding twelve (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 by November I of each year, as
permitted by Section 8830(b) of the Streets and Highways Code and as provided by
further resolution of this City Council.
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 provision of Section 10427 to 10427.2, inclusive, of the Streets
and Highways Code.
SECTION 11. Whenever, in the Municipal Improvement Act of 1 91 3 or in the
improvement Bond Act of 1 91 5, a notice, resolution, order or matter relative to said
proceedings I 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.
Resolution No. 2000-53
Assessment District No. 2000-2
Phase VI Underground Utility Improvements
Adopted: June 6, 2000
Page 4
SECTION 12. The City Council hereby appoints Willdan Associates, 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.
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 bends issued for
Assessment District No. 2000-2 (Phase VI Underground Utility 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 property
benefitting 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 Secti'on 2961 of the
1931 Act.
Resolution No. 2000-53
Assessment District No. 2000-2
Phase VI Underground Utility Improvements
Adopted: June 6, 2000
Page 5
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.
PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta
at a regular meeting held on the 6th day of June, 2000, by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
JO~ayo~
City of La Quinta, California
ATTEST:
jU(::~GRE~~/~
City of La Quinta, California
(City Seal)
Resolution No. 2000-53
Assessment District No. 2000-2
Phase VI Underground Utility Improvements
Adopted: June 6, 2000
Page 6
APPROVED AS TO FORM:
DAWN C. HONEYWELL City Attorney
City of La Quinta, California