CC Resolution 1989-003^ 7 RESOLUTION NO. 89-3
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF LA QUINTA DECLARING THE INTENT OF THE
CITY OF LA QUINTA TO ORDER THE CONSTRUCTION
OF CERTAIN IMPROVEMENTS AND TO FORM
ASSESSMENT DISTRICT NO. 88-1 AND MAKING
CERTAIN FINDINGS AND DETERMINATIONS IN
CONNECTION THEREWITH
WHEREAS, this City Council wishes to consider ordering
the construction of certain improvements and the formation of
an assessment district to pay the costs thereof under and
pursuant to the provisions of the Municipal Improvement Act of
1913 the Act"); and
WHEREAS, the proposed assessment district, if it is
formed, is to be known and designated as Assessment District
No. 88-1 the *`Assessment District"); and
WHEREAS, the proposed boundaries of the Assessment
District are shown on a map thereof, which indicates by a
boundary line the extent of the territory proposed to be
included in the Assessment District, which map is designated
Proposed Boundaries of Assessment District No. 88-1" the
Map"), and which has been presented to the City Council for
approval; and
WHEREAS, before ordering the proposed improvements,
the City Council is required, under the Act, to adopt a
resolution declaring its intention to do so;
NOW, THEREFORE, the City Council of the City of La
Quinta DOES HEREBY FIND, DETERMINE, RESOLVE, AND ORDER as
follows:
SECTION 1. The above recitals, and each of them,
are true and correct.
SECTION 2. This City Council intends to comply
with the requirements of the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 by proceeding under
Part 7.5 thereof.
SECTION 3. The Map is hereby approved, adopted and
declared to describe the proposed boundaries of the Assessment
District; and it shall govern for all details as to the extent
of the Assessment District. The City Clerk is hereby
authorized and directed to endorse on the original and on one
copy of the Map her certificate, evidencing the date and
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^ 7* adoption of this resolution, and to file the original thereof
in her office and the copy in the office of the County Recorder
of Riverside County, all in the manner and form provided for in
Section 3111 of the Streets and Highways Code.
SECTION 4. The improvements which the City Council
intends to construct the Improvements") generally include the
following:
Storm Drain System. The system shall consist of
reinforced concrete pipe varying in size from 18
inch diameter to 66 inch diameter, various manholes
and catch basins to be constructed in Calle Colima,
Avenida Mendoza and Calle Madrid.
Street System. The street system shall be
reconstructed within all of the boundaries of the
district described as lying southerly of the
northerly line of parcels having frontage on Calle
Madrid.
The construction as proposed consists of
installation of curb, gutter, paving of roadway
section with a minimum of 3 inch of A.C. paving on
native material on local streets, 3 inch of A.C.
paving over 4 inch of Class 2 Base material on
collectors, and 4 inch of A.C. paving over 6 inch of
Class 2 Base material on Eisenhower.
It includes construction of concrete driveway
approaches and reconstruction of existing driveways
as may be required to meet grade.
It includes removal or relocation of any facilities
located now in the area of proposed construction,
which if left in place would interfere with the
intent of the project.
These facilities include but are not limited to the
removal or relocation of landscaping, mailboxes,
sprinkler systems, trees and shrubs.
Water System Improvement. The project proposes to
install new and/or replace substandard existing
water system in the area south of Calle Madrid. The
system to be constructed consists of 18, 12, 8, and
6 inch diameter mains, 1 and 1-1/2 inch services,
and fire hydrant assemblies. Connections to the
existing system which will remain in place are part
of the project.
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^ 7 Natural Gas system. The proposal is to provide each
and every parcel in the area along the frontage of
Avenida Bermudas south of Calle Ensenada and all of
the parcels south of Calle Madrid with availability
of natural gas.
The system shall include mainline as well as
services to each parcel. The construction of the
system shall be the responsibility of Southern
California Gas Company by entering into a contract
with the City Assessment District 88-1) for the
cost of construction of the system.
The construction shall be done by a contractor
selected by Southern California Gas Company, and the
construction shall be coordinated by the City and
Southern California Gas Company to install the
natural gas facilities in conjunction with other
improvements described as part of the project.
Sanitary Sewer System. The system as proposed shall
provide public sanitary sewer service to the
properties on the west of Avenida Bermudas, south of
Calle Cadiz, and all of the properties south of
Calle Madrid, including the properties on the north
side of Calle Madrid having frontage on said street.
The system, as proposed consists of 15, 12, 10 and 8
inch diameter main and 6 and 4 inch diameter
laterals. Manholes and cleanouts are proposed
throughout the system.
SECTION 5. The public interest and necessity
require the acquisition and construction of the Improvements,
and the Improvements will be of direct benefit to the
properties and land within the Assessment District. The City
Council hereby declares its intention to order the
Improvements, to make the expenses thereof chargeable upon the
area included within the Assessment District, and to form the
Assessment District.
SECTION 6. The City Council further declares its
intention to levy a special assessment upon the land within the
Assessment District in accordance with the special benefit to
be received by each parcel of land, respectively, from the
Improvements. There shall be omitted from special assessment
all public streets, alleys and places and all land belonging to
the United States, the State of California, the County of
Riverside, the City of La Quinta, the Coachella valley Water
District, or any other public agency of the State of
California, which land is now in use in the performance of a
public function.
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^ 7 SECTION 7. KICAK AND ASSOCIATES INC. is appointed
as the Engineer of Work for the Assessment District and is
authorized and directed to perform all of the duties and
functions of said office as said duties and functions are
specified in the Act. The City Engineer is appointed to act as
the Superintendent of Streets for the purpose of this
proceeding
SECTION 8. The proposed Improvements are hereby
referred to the Engineer of Work, and the Engineer of Work is
hereby authorized and directed to make and file with the City
Clerk a written report with regard thereto, which report shall
comply with the requirements of Sections 2961 and 10204 of the
Streets and Highways Code.
SECTION 9. Serial bonds, bearing interest at a
rate not to exceed 12 percent per annum, will be issued
hereunder in the manner provided in the Improvement Bond Act of
1915 to represent the unpaid assessments. The principal amount
of such bonds maturing each year shall not be an amount equal
to an even annual proportion of the aggregate principal amount
of the bonds, but rather except as specifically otherwise
provided by the City Council in connection with the sale of
such bonds), shall be an amount which, when added to the amount
of interest payable in each year, will generally be a sum which
is approximately equal in each year with the exception of the
first year and any adjustment required with respect thereto).
The last installment of such bonds shall mature a maximum of 15
years from the second day of September next succeeding the
first 12 months after their date. It is anticipated that two
series of bonds will be issued, interest on the Series A bonds
will be tax exempt, however, interest on the Series B bonds
issued for the natural gas improvements will be taxable. Such
bonds shall be serviced and collected by the City Treasurer or
by such fiscal agent, registrar, or paying agent(s) as the City
Council may from time to time designate.
SECTION 10. The provisions of Part 11.1 of the Bond
Act of 1915, providing an alternative procedure for the advance
payment of assessments and the calling of bonds, shall apply.
SECTION 11. Except as specifically otherwise
provided for herein, the Improvements shall be made and ordered
pursuant to the provisions of the Act.
SECTION 12. Any surplus remaining in said
Improvement Fund following the completion of the Improvements
shall be used as a credit against the assessments or any
supplemental assessments.
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^ 7 SECTION 13. The City Council hereby determines that
the City is not obligated to advance available funds from the
City Treasury to cure any deficiency which may occur in the
bond redemption fund but may do so in its discretion.
SECTION 14. Pursuant to the provisions of Streets and
Highways Code Section 8680(b), a penalty of two percent 2%) of
the total amount of any delinquent installment shall be added
to such delinquent installment after the close of business on
the delinquency date and an additional penalty of two percent
2%) of the amount of such delinquency shall be added thereto
at the beginning of business on the tenth day of each
succeeding month until such delinquent installment and all
penalties thereon are fully paid. This penalty shall be in
lieu of all other penalties assessed by any other provision of
law. The City Treasurer, or such paying agent as the City
Council may from time to time designate to perform such task,
shall collect the aforesaid penalty with and as a part of each
delinquent installment, and the penalties so collected shall be
deposited in the redemption fund created with respect to the
above-mentioned bonds.
SECTION 15. It is hereby determined that the bonds
proposed to be issued in these proceedings may be refunded.
Any adjustment to assessments resulting from such refunding
shall be done on a pro rata basis as required pursuant to
Section 8571.5 of the Streets and Highways Code. Any such
refunding shall be pursuant to the provisions of Division 11.5
commencing with Section 9500) of the Streets and Highways
Code, except that, if, following the filing of the report
specified in Section 9523 and any subsequent modifications of
the report, the City Council finds that each of the conditions
specified in the resolution of intention is satisfied and that
the adjustments to assessments are on a pro rata basis, the
City Council may approve and confirm the report and any,
without further proceedings, authorize, issue, and sell the
refunding bonds pursuant to Chapter 3 commencing with Section
9600) of Division 11.5 of the Streets and Highways Code. Any
such refunding bonds shall bear interest at the rate of not to
exceed twelve percent 12%) per annum, or such higher rate of
interest as may be authorized by applicable law at the time of
sale of such bonds, and the last installment of such bonds
shall mature on such date as will be determined by the City
Council in the proceedings for such refunding.
SECTION 16. The Coachella valley Water District and
the La Quinta Redevelopment Agency have committed to the City
to provide money for the construction of portions of the
improvements. The City Council determines that when said money
is received by the City said money will be applied toward the
cost of the construction of the Improvements.
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^ 7 SECTION 17. This Resolution shall take effect
immediately upon its adoption.
ADOPTED, SIGNED AND APPROVED this 3rd day of
January, 1989.
SEA
ATT * *
ity Clerk of the C of La Quinta
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^ 7STATE OF CALIFORNIA)
53.
COUNTY OF RIVERSIDE)
I, SAUNDRA JUHOLA, City Clerk of the City of La Quinta, do
hereby certify that the foregoing resolution was duly adopted
by the City Council of said City at a regular meeting of said
City Council held on the 3rd day of January, 1989, and that it
was so adopted by the following vote:
AYES: Council Members Bohnenberqer, Bosworth, Rushworth,
Sniff, Mayor Pena
NOES: None
ABSENT None
*ity Clerk of the Ci* of La Quinta
SEAL)
STATE OF CALIFORNIA)
55.
COUNTY OF RIVERSIDE)
I, SAUNDRA JUHOLA, City Clerk of the City of La Quinta, do
hereby certify that the above and foregoing is a full, true and
correct copy of RESOLUTION NO. R9-3* of said City Council,
and that the same has not been amended or repealed
DATED: January 3, 1989.
*City Clerk of the*<ity of La Quinta
SEAL)
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