CC Resolution 1998-128d_W% RESOLUTION NO.98-128
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA COVENANTING DILIGENT PROSECUTION
OF FORECLOSURE OF DELINQUENT ASSESSMENTS WITHIN
ASSESSMENT DISTRICT NO.97-i LA QUINTA NORTE)
WHEREAS, the City Council of the City of La Quinta by Resolution No.98-61
adopted June 2, 1 998, 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.97-i La Quinta Norte), all pursuant to the
Municipal Improvement Act of 1913 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 91 5
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 OF 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.97-i La Quinta Norte 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 $2,000.00;
and
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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 1 0% 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 3rd day of November, 1 998 by the
following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
J0H?PE??r?
City of La Quinta, California
ATTEST:
PuNfD??AQ?ta?ff,oCntaiyC
L. JU 0 lerk
City
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APPROVED AS TO FORM:
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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STATE OF CALIFORNIA
COUNTY OF RIVERSIDE
CITY OF LA QUINTA
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, California, do
hereby certify that the foregoing Resolution No. 98-1 28 is a full, true and correct copy
as adopted by the City Council on November 3, 1 998.
Dated: November 5, 1998
A
AUNDRAL. JUHOLA, City Clerk
CIty of La Quinta, California
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