CC Resolution 1998-061^ T RESOLUTION NO.98-61
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.97-i LA QUINTA NORTE)
WHEREAS, in accordance with the provisions of Section 2804 of the California
Streets and Highways Code, the owners of more than 60 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 1 2 of the Streets and Highways Code of the State of California
herein referred to as the 1913 Act") and for the issuance of bonds in the proceedings
under the Improvement Bonds Act of 1915 the 1915 Act") collectively the Acts")
and by the petition waived 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); 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.97-i La Quinta Norte) 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, Albert A. Webb 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.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
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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 benefited by said
Improvements.
SECTION 2. The proposed assessment district shall be designated
Assessment District No.97-i La Quinta Norte)."
SECTION 3. The Map, which indicates by a boundary line the extent of
the territory included in said proposed assessment district, is hereby declared to
describe the proposed boundaries of Assessment District No.97-i La Quinta Norte),"
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, right-of-way improvements, 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.
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 as may be permitted
by law, will be issued hereunder in the manner provided in Division 1 0 of the Streets
and Highways Code the Improvement Bond Act of 1 91 5) and the last installment of
such bonds shall mature in not to exceed 39 years from the second of September next
succeeding 1 2 months from their date. The alternate procedure for collecting
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Resolution No. 9S*61
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assessments and advance retirement of bonds as set forth in Part 11.1 of Division 1 0
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 any assessment payment due except under
circumstances to be specified in resolution for the bonds), it will cause foreclosure
proceedings to be brought within 1 50 days of such default, as permitted by Section
8830(b) of the Streets and Highways Code.
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 1 3
of Division 10 of the Streets and Highways Code, as permitted by Sections 8880-
8886 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 provisions of Section 1 0427 to 10427.2, inclusive, of the Streets
and Highways Code.
SECTION 11. Whenever, in the Municipal Improvement Act of 1913 or in
the Improvement Bond Act of 1915, a notice, resolution, order or other matter relative
to said proceedings 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.
SECTION 12. The City Council hereby appoints Albert A. Webb
Associates, as the Engineer of Work, refers 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 1 0204 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
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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 191 5.
SECTION 14. The City Council further declares that the bonds issued for
Assessment District 97-1 La Quinta Norte) shall be refundable in accordance with the
provisions of the Refunding Act of 1984 for 1915 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.
PASSED AND ADOPTED by the City Council of the City of La Quinta at a
regular meeting held on the 1 6th day of June, 1 998 by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
ATTEST:
City of La Quinta, California
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APPROVED AS TO FORM:
/*,,-
DAWN C. HONEYWELL, C*ty Attorney
City of La Quinta, California
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