CC Resolution 2000-057 RESOLUTION NO. 2000-57
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA COVENANTING DILIGENT PROSECUTION OF
FORECLOSURE OF DELINQUENT ASSESSMENTS WITHIN ASSESSMENT
DISTRICT NO. 2000-1 (PHASE VI IMPROVEMENTS)
WHEREAS, the City Council of the City of La Quinta has declared its intention
to order certain work, acquisitions and improvements to be made and to issue
improvement bonds to represent unpaid assessments in Assessment District No. 2000-
1 (Phase VI Improvements), all pursuant to the Municipal Improvement Act of 1 913
and the Improvement Bond Act of 1915, as described in the resolution; and
WHEREAS, section 8830(b) of the California Streets and Highways Code
authorizes a legislative body issuing bonds under the Improvement Bond Act of 1 915
to covenant, by resolution, to commence and diligently prosecute to completion any
foreclosure action regarding delinquent installments of any assessment which secure
the bonds and to specify, by resolution, a deadline for commencement of such
foreclosures and such other terms and conditions regarding it as the legislative body
may determine to be reasonable; and
WHEREAS, the Council, by the above resolution, also declared its intention to
covenant, pursuant to such provision, for such diligent foreclosure.
NOW, THEREFORE, THE CITY COUNCIL FOR THE CITY OF LA QUINTA DOES
HEREBY RESOLVE, DETERMINE, AND ORDER AS FOLLOWS:
SECTION 1. The City of La Quinta (the "City") covenants with and for the
benefit of the owners of the limited obligation bonds issued by the City with respect
to Assessment District No. 2000-1 (Phase VI Improvements) (the "District"), that it
will order and caused to be commenced by November 1 of each calendar year, and
thereafter diligently prosecute, an action in the Superior Court to foreclose the lien of
any delinquent assessment or delinquent installment thereof, against:
(1) Any parcel in the District, whose delinquent assessments for the immediately
preceding fiscal year, exceeds ~2,000.00; and
(2) Any parcel in the District, whose aggregate delinquent assessments for the
immediately preceding three (3) fiscal years, exceeds 92,000.00; and
Resolution No. 2000-57
Foreclosure/Delinquent Assessments
Assessment District 2000-1/Phase VI
Adopted: June 6, 2000
Page 2
(3) All parcels in the District having delinquent assessments for the immediately
preceding fiscal year (regardless of the amount of such delinquency), if the
aggregate dollar amount of delinquencies in the District for the immediately
preceding fiscal year, exceeds 10% of the total amount of dollars actually levied
on all parcels in the District immediately preceding fiscal year.
For the purpose of this Section 1, the word "commenced" shall mean the
initiation by the City of any reasonable process to collect delinquent assessments in
accordance with this Section 1, including, without limitation, causing delinquency
notice and demand letters to be sent to the owners of delinquent parcels and/or the
recording of a Notice of Intent to Remove Delinquent installments of Special
Assessments with the County Recorder's office in accordance with the requirements
of Section 8833 of the Streets and Highways Code of the State of California, as the
same may be amended, provided that any such parcels shall ultimately be sent to an
attorney designated by the City to be foreclosed in accordance with applicable law.
PASSED, APPROVED and ADOPTED this 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
J 0
City of La Ouinta,, California
Resolution No. 2000-57
Foreclosure/Delinquent Assessments
Assessment District 2000-1/Phase VI
Adopted: June 6, 2000
Page 3
ATTEST:
J K r
City of La Quinta, California
(City Seal)
APPROVED AS TO FORM:
DAWN C. HONEYWEEL, City Attorney
City of La Quinta, California