1990 05 29 CCd_v 1
4
CZOFZZ CITY COUNCIL
AGENDA
LA QUINTA COMMUNITY CENTER
77-865 Avenida Montezuma
La Quinta, California 92253
SPECIAL MEETING
May 29, 1990 7:00 P.M.
CALL TO ORDER Beginning Res. No. 90-39
a. Roll Call Ord. No. 172
b. Pledge of Allegiance
PUBLIC HEARINGS
1. Public Hearing of Protests to Formation of Assessment
District No. 90-I for Sanitary Sewer Installation.
a) Introduction of Consultants:
Fritz Stradling, Bond Counsel
Bill Fieldman, Financial Advisor
Joe Kicak, Assessment Engineer
2. Consideration of Actions Relative to Assessment District 90-1:
a. Adoption of Resolution Making Determinations, Confirming
Assessments and Proceedings, and Ordering Proposed
Improvements in the Matter of Assessment District No.
90-1.
b. Adoption of Resolution Designating the City
Treasurer to Collect and Receive Assessments and
Directing the City Treasurer to Establish a Special Fund
for Assessment District No. 90-1.
c. Adoption of Resolution Providing for the Sale of Bonds
fbr Assessment District No. 90-1 in an Amount Not to
Exceed $ Fixing the Time and Place for Taking
Bids, Directing Publication of Notice Inviting Bids and
Approving a Preliminary Official Statement.
d. Award of Construction Contract for Cove Improvement
Project Assessment District No. 90-1.
ADJOURNMENT
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d_v DECLARATION OF POSTING
I, Saundra L. Juhola, City Clerk of the City of La Quinta, do
hereby declare that the foregoing agenda for the City Council
meeting of May 29, 1990 was posted on the outside entry to the
Council Chamber, 78-105 Calle Estado and on the bulletin board
at the La Quinta Post Office on Friday, May 25, 1990.
DZ#ed: May 25Z 990
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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d_vSTATE OF CALIFORNIA) AFFIDAVIT OF COMPLIANCE WITH
55. THE REQUIREMENTS OF THE
COUNTY OF RIVERSIDE) MUNICIPAL IMPROVEMENT ACT OF
1913 FOR POSTING AND MAILING
NOTICES IN CONNECTION WITH
ASSESSMENT DISTRICT NO. 90-1
Assessment District No. 90-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly
chosen, qualified and acting City Clerk of the City of
La Quinta;
This Affidavit is made pursuant to Section 10308 of the
California Streets and Highways Code;
ATTACHED HERETO and made a part hereof are the following
affidavits:
1. Affidavit of Posting
2. Affidavit of Mailing
3. Affidavit of Publication
The matters set forth in each of said affidavits regarding
the time and manner of Posting, mailing and publishing the
notices in connection with the proceedings for Assessment
District No. 90-1 comply with the requirements of Chapter 4,
Division 12 of the California Streets and Highways Code; and
I mailed notices of the adoption of the Resolution of
Intention, Resolution No. 90-32, to every owner of property
assessed by the State under Section 14 of Article XIII of the
Constitution proposed to be assessed under said proceedings;
said notices were mailed to such owners at the address thereof
shown on the last board roll transmitted to the County Auditor.
I declare under penalty of per]ury that the foregoing is
true and correct.
DATED: May 18, 1990 Z
ZCity Clerk of the City of La Quinta
04/12/90
9221n/2588/ll
F
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d_vSTATE OF CALIFORNIA) AFFIDAVIT OF POSTING
ss.
COUNTY OF RIVERSIDE) NOTICE OF IMPROVEMENT
Assessment District No. 90-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly
chosen, qualified and acting City Clerk of the City of La
Quinta;
Pursuant to Resolution No. 90-34 of the City Council of
the City of La Quinta and the Municipal Improvement Act of 1913
Division 12 of the Streets and Highways Code), I personally
posted or caused to be posted under my direct supervision
notices of the passage of the Resolution of Intention,
Resolution No.90-32 said notices were headed Notice of
Improvement" in letters of not less than one inch 1") in
height; a copy of said notice as so posted is ATTACHED HERETO
and made a part hereof.
Said notices were conspicuously posted at not more than 300
feet in distance apart, but not less than three 3) in all, on
all open streets within the assessment district described in
said Resolution, said notices were posted by securely fastening
the same to posts, poles, streets, standards, fences or walls
at approximately eye-level elevation so that they could attract
the attention of and be easily readable by passersby;
Said posting was commenced after the adoption of said Reso-
lution and was fully completed or or before the 4th day of
May 1990; said date being at least twenty 20) days
before the date fixed in said Resolution for hearing any
protests or objections.
I declare under penalty of perjury that the foregoing is
true and correct.
DATED: May18, 1990
n
Z
/ler]Z the f La Quinta
04/12/90
9224n/2588/ll
ci
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d_vSTATE OF CALIFORNIA) AFFIDAVIT OF MAILING NOTICE
55. OF THE ADOPTION OF THE
COUNTY OF RIVERSIDE) RESOLUTION OF INTENTION AND
FILING OF MAP OF ASSESSMENT
DISTRICT NO. 90-1
Assessment District No. 90-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly
chosen1 qualified and acting City Clerk of the City of La
Quinta;
I mailed, or caused to be mailed, postage prepaid, a notice
of the adoption of the Resolution of Intention, Resolution
No. 90-3Z of the City Council of said City to all persons
owning real property which is proposed to be assessed to pay
any part of the cost of work described in said resolution,
whose names and addresses appear on the last equalized
assessment roll used by the City for the assessment and
collection of City taxes at the addresses shown on said roll or
as known to me and also to every owner of property assessed by
the State under Section 14 of Article XIII of the Constitution
at the addresses thereof shown on the last roll transmitted to
the County Auditor of said County;
Said mailing was completed May 4 1990, and a copy
of said notice of adoption as so mailed is ATTACHED HERETO and
made a part hereof; and
On the original and one copy of the map of the assessment
district, I endorsed my certificate evidencing the date and
adoption of the resolution describing the proposed boundaries
of such assessment district and I filed the original of said
map in my office and thereafter on April 18 1990, filed
said copy with the County Recorder of the above-entitled County.
I declare under penalty of perZury that the foregoing is
true and correct.
DATED: May 18 l990ZZA
Clerk of the Zty of La Quinta
04/12/90
9223n/2588/ll
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d_vFieldman, Rolapp & Associates
INDEPENDENT FINANCIAL ADVIZORS TO LOCAL
Lawrence 0. RoZapp
PrincipZ1s
MEMORANDUM
DATED: 5/23/90
TO: Tom Genovese
City of La Quinta
FROM: Keith Khorey
DATE; May 23, 1990
RE: Assessment District 90-1
1915 Act Improvement Bonds
For your review and for use in the agenda package being prepared for the City
Coucil meeting scheduled for 5/29, I have enclosed one I) draft copy each of the
Preliminary Official Statement and Notice of Sale for the above-referenced issue. Any
comments regarding these documents should be transmitted to this office on or before
Friday, June 1 Please call Jennifer Twogood or myself with any questions.
2iO() S.E. MAIN STREET
SECOND FlOOR
IRVINE, CA 92714
714) 66()-85()O
FAx 714 474Z8773
2ZZ
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d_v DZAFT K:L5(),;ZOS9cZ
PRELIMINARY OFFICIAL STATEMENT DATED MAY 29, 1990
NEW ISSUE
In the opinion of Bond Counsel, based on existing statutes, regulations. rulings. and COurt eCi5iOZ?5
and assumi?lg, among other matters, compliance with certain covenants, intereSt on the Bonds is excluded
from gross income for federal income tax purposes and is exempt from State of California personal
income taxes. In the opinion of Bond Counsel. interest on the Bonds is not a specific preference item for
purposes of the federal individual or corporate alternative minimum taxes although Bond Counsel
observes that it is included in adjusted net book income and adjusted current earnings in calculating
corporate alternative minimum taxable income. Bond Counsel expresses no opinion regarding other
federal income tax consequences relating to the accrual or receipt of interest on the Bonds see the section
entitled Bondowners' Risks" herein).
CITY OF LA QUINTA
NOT TO EXCEED
$l,754,631.10l
1915 ACT IMPROVEMENT BONDS
Riverside County, California)
Limited Obligation Improvement Bonds)
Assessment District No.90-i
Sanitary Sewer Improvements)
Dated: July 2, 1990 Due: September 2, as shown below
The Bonds are being issued to finance the cost and expense of the construction and
acquisition of certain sanitary sewer system improvements which are part of a larger project that
consists of street, storm drain, water and sewer improvements the Project") to serve property
located within Assessment District No. 90-1 the Assessment District" or the District") of the City
of La Quinta, located in the County of Riverside, California the City", County" and State'.
respectively). All of the acquisition and construction of improvements shall be undertaken as
authorized under provisions of the Municipal Improvement Act of 1913 Division 12 of the Streets
and Highways Code). The Bonds are issued pursuant to provisions of the Improvement Bond Act of
1915 Division 10 of said Streets and Highways Code).
The Bonds are issued as fully registered Bonds in the denomination of Z5,000 or any integral
multiple thereof except for one Bond due in 1991 which will include the amount by which the
principal amount of the issue exceeds the largest integral multiple of Z5,000 contained therein,
Interest is payable on March 2, 1991, and semiannually thereafter on March 2, and September 2 of
each year. Principal of and premium, if any, on the Bonds will be payable upon presentation by the
registered owner or his duly authorized representative at Security Pacific National Bank, Los
Angeles, California, Registrar, Transfer Agent and Paying Agent the Paying Agent"). Interest on
the Bonds is payable by check or draft mailed to the registered owners thereof as of the 15th day of
the month next preceding the interest payment date.
The Bonds are subject to redemption on any September 2 or March 2 in advance of maturity
upon giving 30 days prior notice and upon payment of the principal and interest accrued thereon to
the date of redemption, plus a redemption premium of three percent 30/0) of the remaining principal
amount of the Bonds to be redeemed.
Under the provisions of the Improvement Bond Act of 1915, installments of principal and
interest sufficient to meet annual debt service on the Bonds are included on the regular county tax
bills to owners of property against which there are unpaid assessments. These annual installments
are to be paid into the Redemption Fund, to be held by the Paying Agent and used to pay debt
service on the Bonds as it becomes due.
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d_v To provide funds for payment of the Bonds and the interest thereon as a result of an\;
delinquent installments, the City will cause the Paying Agent to establish a special reserve fund the
Reserve Fund") and deposit therein Bond proceeds in the original amount of ten percent 100/0) of
the aggregate principal amount of the Bonds the Reserve Requirement") The City has covenanted
to review the annual Assessment Records for the District and to commence judicial foreclosure in
the event of delinquent installments which reduce the Reserve Fund below the Reserve
Requirement. The City has further covenanted to commence the foreclosure proceedings an
delinquent parcels within 150 days following such review.
If a delinquency occurs in the payment of any assessment installment, the City. at or before
the end of the fiscal year of delinquency, has a duty to cause the Paying Agent to transfer into the
Redemption Fund the amount of the delinquency out of available funds of the Reserve Fund. This
duty of the City is continuing during the period of delinquency, to the extent of funds available in
the Reserve Fund, until reinstatement, redemption or sale of the delinquent property. There is no
assurance that funds will be available from the Reserve Fund for this purpose and if, during the
period of delinquency, there are insufficient available funds, a delay may occur in payments to the
owners of the Bonds.
The City has elected in the proceedings not to be obligated to advance available funds from
the City treasury in the event of a redemption fund deficiency; provided, however, that its election
shall not prevent the City from, in its sole discretion, so advancing funds for such purpose as
otherwise provided in the 1915 Act.
Neither the faith and credit nor the taxing power of the City, tile County, the State of
California or any political subdivision thereof, is pledged to the payment of the Bonds.
The information set forth in this Preliminar',' Official Statement, including information in
the section herein entitled BONDOWNERS' RISKS", should be read in its entirety.
ESTIMATED MATURITY SCHEDULE1
MATURITY BONDS INTEREST MATURITY BONDS INTEREST
YEAR MATURING RATE YEAR NIATURING RATE
1991 Z 69,631.10 1999 Z]20,000.00 0/0
1992 75,000.00 2000 125,000.00
1993 80,000.00 2001 135,000.00
1994 85,000.00 2002 150,000.00
1995 90,000.00 2003 160,000.00
1996 95,000.00 2004 170,000.00
1997 105,000.00 2005 185,000.00
1998 110,000.00
The Bonds are offered when. as and if isszLed and delivered to the U,2derwriters siZbject to thcZ
approval of Stradling, Yacca. Car/son & RaiZth, A Pro fessional Law Corporation. Newport Beach.
Ca/i fornia, Bond CoZZnse/. It is expected that the Bonds in definitive form will be available for de/ii'erZ'
in Newport Beach, California on or abozZt JulZ' 18.1990.
1. Preliminary. szZbject to cash collection and other appropriate modifications.
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d_v CITY OF LA QUINTA
RIVERSIDE COUNTY, CALIFORNIA
CITY COUNCIL
John J. Pena, Mayor
Dale Bohnenberger, Mayor Pro Tern Dr. William Rushworth
Joyce Bosworth Stanley Sniff
CITY STAFF
Ronald Kiedrowski, City Manager
Torn Genovese, Finance Director
Dawn Roneywell, City Attorney
BOND COUNSEL
Stradling, Yocca, Carison & Rauth
A Professional Corporation
Newport Beach, California
ASSESSMENT ENGINEER
Kicak and Associates, Inc.
Palm Desert, California
FINANCIAL ADVISOR
Ficidman, Rolapp & Associates
Irvine, California
REGISTRAR/TRANSFER AGENT/PAYING AGENT
Security Pacific National Bank
Los Angeles, California
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d_v TABLE OF CONTENTS
PaZe
INTRODUCTION......................................................
II. REGIONAL SETTING MAP..............................................3
III. THE BONDS
Purpose of the Bonds..............................................4
Authority for Issuance............................................4
Description of the Bonds..........................................4
Redemption of Bonds...............................................4
Refunding Bonds...................................................5
Security For The Bonds............................................5
Obligation of the City Upon Delinquency...........................6
Reserve Fund......................................................7
Covenant to Commence Superior Court Foreclosure...................7
Covenants of the City Regarding Arbitrage
and Rebate.......................................................8
Priority of Assessment Lien.......................................8
Special Assessments Article XIIIA and XIIJB of the
California Constitution..........................................8
Registration......................................................9
Estimated Annual Debt Service.....................................10
Estimated Annual Debt Service Table...............................10
IV. THE PROJECT
Description of Work...............................................11
Estimated Projects Costs..........................................12
Summary of Preliminary Cost Estimates.............................3
Method and Formula of Assessment..................................14
Summary of Assessment Proceedings.................................16
Special Assessment Investigation, Limitation,
and Majority Protest Act of 1931.................................17
Disposition of Surplus Funds.....................................
V. THE ASSESSMENT DISTRICT
The Assessment District...........................................]8
Project Area Maps................................................
Agencies Which Provide Public Uti]ities Within the
Assessment District..............................................21
Access to Parcels to be Assessed..................................21
Assessment Roll...................................................21
Environmental Review..............................................45
Prior Fixed Special Assessment Liens..............................45
Property Tax Delinquenc]es........................................45
Assessment District Subsidy/Deferral Program......................45
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d_v` DRAFT
NOTICE OF SALE
AND
BID FORM
CITY OF LA QUINTA
RIVERSIDE COUNTY, CALIFORNIA
ASSESSMENT DISTRICT NO. 90-1
SANITAR V SEWER IMPROVEMENTS)
NOT TO EXCEED $1,754,631.10
IMPROVEMENT BONDS
IMPROVEMENT BOND ACT OF 1915
Date of Sale
July 3, 1990
11:00 A.M., P.D.T.
Bids to be received at:
Fleldman, Rolapp & Associates
2100 S.E. Main Street
Suite 210
Irvine, California 92714
714) 660-8500
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d_va NOTICE OF SALE OF IMPROVEMENT BONDS
IMPROVEMENT BOND ACT OF 1915
CITY OF LA QUINTA
ASSESSMENT DISTRICT NO.90-i
SANITARY SEWER IMPROVEMENTS)
NOT TO EXCEED $1,754,63I.10Z
NOTICE IS HEREBY GIVEN that sealed proposals will be received and opened by a
representative of the City of La Quinta, California the City"), on July 3, 1990, at the hour or
11:00 A.M., P. D. T., in the offices of FIELDMAN, ROLAPP & ASSOCIATES, located at 2100 S.E.
Main Street, Suite 210, Irvine, California 92714, for the purchase of not to exceed $l,754,63l.l0Z
improvement bonds designated IMPROVEMENT BONDS, ASSESSMENT DISTRICT NO. 90-I"
the Bonds"), issued under and pursuant to the Municipal Improvement Act of 1913" and the
Improvement Bond Act of 1915".
These Bonds will be issued to finance the cost and expense of the construction and acquisition of
certain sanitary sewer improvements which are part of a larger project that consists of street,
storm drain, water and sewer improvements the *ZProject") to serve property located within
Assessment District No.90-i.
Proposals for the purchase of the Bonds will be received and considered subject to the following
terms and conditions:
Issue. NOT TO EXCEED $1,754,631.10'.
Proceedings and Authority for Issuance. These proceedings are authorized under the terms and
provisions of the Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code, for the construction of certain public improvements within the assessment
district, including appurtenances, with authorization for the Bonds being pursuant to the
provisions of the Improvement Bond Act of 1915", being Division 10 of said Code. The Specia
Assessment Investigation, Limitation and Majority Protest Act of 1931", being Di'vision 4 of said
Code, has been fully complied with in these proceedings.
Denominations. The Bonds will be assumable only as fully registered Bonds in the denomination of
any multiple of $5,000, except for one Bond maturing in the first year of maturity which shall
include any amount by which the total issue exceeds the maximum integral multiple of $5,000
contained therein.
Maturities. The final exact maturity schedule for the Bonds will be determined following the
completion of the cash collection period, estimated to end June 29, 1990. After the expiration of
the cash collection period and prior to the date of delivery of the Bonds, the actual aggregate
amount of Bonds to be issued will be certified by the City Treasurer. The maturity schedule
will be arranged so as to provide for approximately level debt service with Bonds maturing on
September 2nd of each year commencing in 1991 in multiples of $5,000, except that the first
maturity, due September 2, 1991 may be in an amount other than a multiple of 55,000. For the
purposes of calculating the best bid for the Bonds, the following Maturity Schedule, which
assumes that the Bonds will be issued for the full amount of proposed assessments, shall be used.
I. Prelin2iflary. szZhjecI to cash co11ecZioZ al7d oZher appropriate modifications.
77
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d_vb CITY OF LA QUINTA
ASSESSMENT DISTRICT 90-1
SANITARY SEWER IMPROVEMENTS)
MATURITY BONDS MATURITY BONDS
YEAR MATURING YEAR MATURING
1991 $69,631.10 1999 $120,000.00
1992 75,000.00 2000 125,000.00
1993 80,000.00 2001 135,000.00
1994 85,000.00 2002 150,000.00
1995 90,000.00 2003 160,000.00
1996 95,000.00 2004 170,000.00
1997 05,000.00 2005 185,000.00
1998 110,000.00
Date of Bonds. The Bonds will be dated July 2, 1990.
Interest Rate. The Bonds shall bear interest from their date at a rate or rates to be determined
at the sale thereof, but not to exceed the current legal maximum of twelve percent 120/0) per
annum. Said Bonds shall be issued in registered form with interest payable semiannually on
March 2 and September 2 in each year; the first installment will be for interest from the date of
the Bonds to March 2, 1991. Bidders may specify any number of separate interest rates, and any
rate may be repeated as often as desired; provided, however, that i) the difference between the
highest and lowest rates specified in any bid shall not exceed two and one half percent 2.5%);
ii) each interest rate specified must be in a multiple of 1/20 of 1% and a zero rate of interest
cannot be specified; iii) each bond shall bear interest from its date to its stated maturity date at
the interest rate specified in the bid; iv) all Bonds of the same maturity date shall bear the same
rate of interest; v) the interest rate on the Bonds maturing in each year must either be the same
as or higher than the interest rate on the Bonds maturing in the previous year; vi) no bid will bc
accepted which provides for the cancellation and surrender of any interest payment or for the
waiver of interest or other concession by the bidder as a substitute for payment in full of the
purchase price in bank funds. Bids which do not conform to the terms of this paragraph will be
rejected.
Redemption. Any Bond may be redeemed, in any multiple of $5,000, on any March 2 or
September 2 prior to its fixed maturity date, at the option of the City Treasurer, upon giving the
notice provided in the Improvement Bond Act of 1915" and upon payment of the principal
amount thereof and interest accrued thereon to the date of redemption, plus a redemption
premium of three percent 3%) of the principal amount redeemed. If less than an entire Bond is
redeemed, the Paying Agent shall prepare a Bond for the unredeemed portion which shall be
returned to the registered Bondholder.
Payment. Both principal and interest are payable in lawful money of the United States of
America at the principal corporate trust office of Security Pacific National Bank the Paying
Agent"), in Los Angeles, California.
Execution and Registration. The Bonds will be executed by the facsimile signatures of the
officials authorized to execute the Bonds and authenticated by the Paying Agent prior to
delivery. The Bonds will be issued in registered form as to both principal and interest, and are
subject to transfer on the books of the City upon proper notice given to the Treasurer or
designated Paying Agent. Payment of principal and interest on each Bond shall be made directly
to the registered owner thereof.
2
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d_vjF 7- IJ F;; Li Ci 4' P P'Zi' ZS Z Z R 1Z Z t E; e 3 C: h C Z E F Z-1
PZLSOLUTJZ)N NO
RESOLUTION OF THF CITY COUNCIL OF THE CITY OF
LA QUINTA DE'iERMINlNCZ UNPAID ASZF.Z;ZMZNTS AND
THE ZZNNER OF PAYNLNT TFEZL'OZ
AssZsZZient DistL-lCt NoZ 90Zl
WHFPEAS, this City Council has taken proceZdings under the
flunicipal ImproZienient Act of l9Z3, Division 12 of the
California Streets and Highways Code herein Code")1 and by
its Resolution No. 90-39 has confirmed an assessment, which
assessment and diaZIdm wcZre recorded on May 30, 1990 in the
office of the Superintendent of St[f2OtZ and with the County
Pecorder of the County of Piverside, and on said date, thZ
Notice of Assessment, aZ prescribed in Section 3llZ of Zaid
Code, was recorded with the County RecZrder of the County of
Riverside, whereupon said asse.5sment. was attached as a lien
upon the pZOpCZty assessZd as provided in Section 3115 of said
Code; and
WHERFAS, said proceedings provided that bonds would be
issued puZsuant to the Improvement Bond Act of 1915,
DivisiOn 10 of said Code; and
WXEREAS, a list of unpaid assessments has been filed in the
Office of thZ TZeaZurer of the City pursuant to Section 8620 of
said Code and the Superintendent of Streets has listed all of
the assessments as unpaid and that the aggregate arZount of
unpaid assesZments is $l,2Z4,796.41; and
ZHL'REAS, the bonds proposed to be issued are in the
denomination of $5,aoo Zach except bond no 1 which may be in
an amount exceedinZ $5,000 but less than $10Z000Z are to be
dated July 2, 1990, and bear interest froi their date. The
first payment of interest is payable on Md- ich 2, 1991, and
thereafter, the interest is payable semiannually on September 2
and March 2 of each yeai:.
NOW TZZZLfORE, the City Council of the City of La Quinta
DOES HEREZY RL-SOLZE, DETL'RMINZ AND ORDZZ aZ follOwZ.
SECTION 1. The unpaid assessments upon the security of
which the bonds are to be issued Z detZtZTZif1Cd to be as set
forth in the recitals hereuf
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d_vm7 3; 9 13 1314 r E 11 Z Z R Z C) r t Z Z Z C h C Z F' 13 3
REZOLU'XIoN NO. 90-
RZSOLUTIQN OF THF CITY C0ZZCIL OZ THZ CITY
OF LA QUINTA, CALIFOZNIA, PROVIDING FOR THE
ISSUANCE AND SALE OF LIMITZ) OBLIGATION
IMZROVEZENT BONDS 0Z SAID CITY, IN AN
ACGREGATZ PZrNCIBAL AMOUNT OZ $1,244,796.41
FOR A3SESSMZ'Z r)IZTZICT NO. 90-1
WZEREAS, on April 17, 1990 the City CounZj1 of the City of
La QuiZta the City") adopted Zesolution No. 90-32 thZ
Z1ReZo1utjon of Zntention") declaring its intention, Z`Zrsuant to
the pZOviZions of the Municipal ImproZZernent Act Zf 1913
Division 12 of the Streets and HighwayZ Code of the Ztate of
California), to oZQer the Zcquisition of certZjn property and
the construction of certain iZproZements, anZ appurtenances and
appurtenant Wo1Z and incidental costs and C.\Zpenses in
connection therewith and to forni AsZZsZmenZ District No. 90-1
the AZsZssZent DistZict'); and
WHFRZAS, by its ReZo1ution No. 90Z39 adopted on
May 29, 1990, this Zity Council has authorized the forZZation of
the AZZessment DiZti'iZt, has approved a final FncZineer' s Report
deZcribing the public inZrovements to be constructed and
acZui red pursuant to these proceedings the Z Improvements")
and has confirmed the a$b--e,ZZrnent and diaZraZ for the AsseZsment
District; and
WHEREAS, on Zuly 3, 1990, the. City Council adopted
Resolution No. 90- determining thZ assessments remaining(Z
unpaid following thZ 30Zday cash payment period; and
WHEZEAs, by thZZ Resolution, the City now Wishes to provide
for the isZuance of bonds, in the i'ianner pZovidcd in thZ
Improvement 13ond Act of 1915 Division 10 of thZ Streets and
Highway Zode of the State o California) the Act!!), and
Zpecifical1y to provide for the isZsuance of Zucb bonds in a
principal amount 0 $1,244,796.41, to represent and be secyirZd
by the unpaid assesZments in the A9sessrnent Di striZt thZ
Bonds");
WHEREAS, on July 3, 1990, M L. Stern & Co., Inc. the
Purchaser") subrrjttZd the bid with the lowest net interest
on the Zonds and by ts Resolution No. 90- the City
awarded the Zonds to the Zurchaser; and
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d_vnCZ 7 3' F 4 F j Z S Z` Z R U D 3 1 t F h LZA F'w.ZL,
NOW, TZEPEFQRF, the City Council of the Zity of La Quinta,
DOES HERZBY FIZfl, D'ZTERMINE, REZOLVZ AND ORDER aZ fZl1oZs:
SeZtion 1. Z The aZZeZsnientZ now
remaining ZnpZZd aZ deterZined by ReZo1utjorj No. 90- are in
the ag(Zre(Zate Zrnount of $1,Z44,796.41. For a partiular
description of the lots or pZZcelZ of land beariny the
respecti'je Z nZZbers and upon whiZh assessments remain
unpaid, seZerZiZy cZnd respectively, referZn,,-Z is hereby made to
the assessment+Z. Znd to thZ dZagraZ rZ:ecorded in the office of the
Public Works Manager acting as S"Zperintendent of StL-eets.
Zection 2.
SeriZ7b%ndZ shall be issued upon thZ ZZcui.itv of said unpaid
aZsessrnents in the aforesaid amount, in accordance with the
pZZviZicnZ of the Act and the proceedings thZreunder duly had
and ZaZen. The Zonds shall be issued in one seriZs, in an
aZgregate amount of $1Z244,79Z.4j
Zach of ZZid ZondZ shall be designated United States of
America, ZtatZ of California, County of RjversideZ City of La
Quinta, CaliforniZ, Lirnited Obli9ation T.mpro7ement Zond,
AssesZnient L)ic.:r.ri.ct No. 90-1" and shall be a Zei:i&l bond of
the denomZnaZion of $5,000 each, except bond no. 1 chall be 0
the denomination of Z4,796.47, or aZy iflteZral multiple of
$5Z000 over Znd abo"e such amount, herein referred to as the
IIBondsZf) ThZ Zc'ndZ Zhall be issuZd and shall mature on
September 2 of each year in the principal amounts and at the
interest rate" hereafter set forth:
YEAR AZWLLT INTZZZST RATZ
1991 $ 59,Z9b.4l
1992 Z Zr)0 0O 5.Z0
1993 Zc)Z000.OO ZZ00
1994 60,000.00 6Z25
1995 c'5.c)00.00 6.Z0
l99Z Z0,O00.0&, 6.50
1997 75,000.00 6.50
l99Z ZO,00o.00 6.50
1999 85,000Z00 Z`50
2000 90,000.00
2001 9$,()O0.00 6.50
2002 10Q,0O0Z00 7.00
2003 l1Z,000.O0 7.00
2004 115,000.00 7.00
2005 125,000.00 7.00
/70
07/03/90
hZOc.. ZZCICj 1 Th Z
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d_vo0 Zi.* Z 3 2 lZl I_ 4 F E-' i'4 Z 3 Z Z R Z ii r h 3 Z F 1214< Z
The BondZ Zhai1 be in the form of fully reqiZtered bonds
wZthout couponZ. Ze Bonds shall be dated as of JZly 2, 1990,
The BondZ Zhall besZbZtZntially in thZ form set forth in
Zxhibit A hereto attached Znd by reference made a part hereof.
Section Z. IntereZt. The BondZ shall bear interest at the
rates set forth in Sec:tion 2 hereof, and Zuch interest shall be
payable Zemiannually on Zarch 2 and September 2 o each year,
commencing ZarZh 2, 1Z91.
EZch Bond Zhall bear interest from the interest payment
date next precedin(j the date of regiZtration thereof un1eZZs:
j) it is re';i.Ztered between the 15th day immediately preceding
each inteiZ."t paymZflt date the ZZecord DateZ and on or before
such interest payment dZte, in which event it shall bear
intereZt from such interest payment date, or ii) it is
reZistered prior to the first Zecord Date, in which eveZt it
shall bear interest from its dated date. Zegistration of Bonds
issued upon exZhanZes an'Z transfers of Bonds shall be dated Zo
that no gain or loZZ of interest shall reZult from the exchange
or transfer. Interest on the Bonds shall be paid by the Paying
AZent by *Zheck or draft mailed by first claZ.Z Zail on the
intere.Zt payment date to the registered owner of eaZh Bond as
his name and address appear on the register kept by the Agent,
or at such address as may have been fileZ with the Agent for
that purpose, as of the close of busineZ.Z on the Zecord Date.
Each Bond hall continue to bear interZ.Zt after maturity at
the rZte stated therein to the date of payment, provided that
on the date it As presented for payment, pZyinent thereof is
rZfused on the sole ground that there is not sufficient money
1-n the Redemptiori Fund hereinafter referred to with which to
pay same. If a Bond is not presented at maturity, and there Zs
ZutfZcient monZy in th" Pedemption Fund wi t-h which to pay the
same, interest thereon shall run only until maturity.
Zection 4- Execution and Authentication. ThZ Bonds shall
be signed on behalf of the City by the City Treasurer Znd the
City ClerZ and the corporate seal of the City shall be atfixed
to the Bonds. Such sicinatureZ and corporate seal may be
reproduced on the Bonds by en(Zi--aved, printed or lithographed
facsimile thereof, and such 5ig1Zing and sealinZ 5hall
constitute and be a sufficient and binding execution of each
and every one of the BondZ. If any officZr whose signature
appears on the Zonds ceases to be such officer before the
delivery of the Bonds to the purchaser, such Zignature shall be
as valid aZ if such officer remained in office until the
delivery oZ the Bonds.
/1/
07/03/90
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d_v RESOLUTION NO. 9fl-ZZ
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. 90-1 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
WHEREAS1 the proposed assessment district, if it is
formed, is to be known and designated as Assessment District
No. 90-1 the Assessment District"); and
WHEREAS1 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. 90-1" 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
7<7
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d_vadoption of this resolution, and to file the original thereof
in her office and the copy in the office of the County Recorder
of Riverside County1 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 ImprovementsZ) generally include the
following:
Storm Drain System. The improvements will include
installation of reinforced concrete pipe system
varying in diameter from 6OZ to 18" diameter. Work
shall include construction of manholes, catch basins
and junction structures.
Water System ImZrovements. The improvements shall
include the installation of water mains varying in
size from l2Z to 6Z diameter. Installation of fire
hydrants. Z and 1 1/2 services and tie-in of the
existing system to the system to be constructed with
these proceedings.
Sanitary Sewer System ImZrovements. These
improvements shall include the installation of 8"
diameter main, 4Z' diameter laterals to each parcel
and construction of manholes and clean-outs as may
be required.
Work on private property is necessary due to grade
changes to provide continued access to individual
parcels. Right-of-entry from the property owner
where such improvement on private property is
required shall be obtained prior to beginning of
construction on said private property.
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
9230n/2588/ll 2- j7i
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d_vthe 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,
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 Cf
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 adZustment required with respect thereto).
The last installment of such bonds shall mature a maximum of 14
years from the second day of September next succeeding the
first 12 months after their date. 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.
9230n/2588/11 3-
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d_vSTATE OF CALIFORNIA) AFFIDAVIT OF COMPLIANCE WITH
ss. THE REQUIREMENTS OF THE
COUNTY OF RIVERSIDE) MUNICIPAL IMPROVEMENT ACT OF
1913 FOR POSTING AND MAILING
NOTICES IN CONNECTION WITH
ASSESSMENT DISTRICT NO. 90-1
Assessment District No. 90-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly
chosen, qualified and acting City Clerk of the City of
La Quinta;
This Affidavit is made pursuant to Section 10308 of the
California Streets and Highways Code;
ATTACHED HERETO and made a part hereof are the following
affidavits:
1. Affidavit of Posting
2. Affidavit of Mailing
3. Affidavit of Publication
The matters set forth in each of said affidavits regarding
the time and manner of posting, mailing and publishing the
notices in connection with the Proceedings for Assessment
District No. 90-1 comply with the requirements of Chapter 4,
Division 12 of the California Streets and Highways Code; and
I mailed notices of the adoption of the Resolution of
Intention, Resolution No. 90-32, to every owner of property
assessed by the State under Section 14 of Article XIII of the
Constitution proposed to be assessed under said proceedings;
said notices were mailed to such owners at the address thereof
shown on the last board roll transmitted to the County Auditor.
I declare under penalty of per]ury that the foregoing is
true and correct.
DATED: May 18, 1990 Z
City Clerk of theZCity of La Quinta
04/12/90
9221n/2588/ll
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d_vSTATE OF CALIFORNIA) AFFIDAVIT OF POSTING
ss.
COUNTY OF RIVERSIDE) NOTICE OF IMPROVEMENT
Assessment District No. 90-1
The undersigned declares as follows:
I am now and at all times hereinafter mentioned was the duly
chosen, qualified and acting City Clerk of the City of La
Quinta;
Pursuant to Resolution No. 90-34 of the City Council of
the City of La Quinta and the Municipal Improvement Act of 1913
Division 12 of the Streets and Highways Code), I Personally
posted or caused to be posted under my direct supervision
notices of the passage of the Resolution of Intention,
Resolution No.90-32_; said notices were headed Notice of
Improvement" in letters of not less than one inch 1") in
height; a copy of said notice as so posted is ATTACHED HERETO
and made a part hereof.
Said notices were conspicuously posted at not more than 300
feet in distance apart, but not less than three 3) in all, on
all open streets within the assessment district described in
said Resolution, said notices were posted by securely fastening
the same to posts, poles, streets, standards, fences or walls
at approximately eye-level elevation so that they could attract
the attention of and be easily readable by passersby;
Said posting was commenced after the adoption of said Reso-
lution and was fully completed or or before the 4th day of
May 1990; said date being at least twenty 20) days
before the date fixed in said Resolution for hearing any
protests or objections.
I declare under penalty of perjury that the foregoing is
true and correct.
DATED: May 18_, 1990
F
ler]<;y$f<:Quinta
04/12/90
9224n/2588/ll
/2Z
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d_vU CITY OF LA QUINTA
U NOTICE INVITING BIDS
CONSTRUCTION)
U
NOTICE IS HEREBY GIVEN that the City Clerk, on behalf of and as authorized
by the City Council of the City of La Zuinta hereinafter referred to
U
as the City"), will receive sealed bids at 78105 Calle Estado, La Quinta,
California 92253 in care of the office of the City Clerk, until 10:00
a.m. on Tuesday, May 22, 1990 for the construction of certain public
U works of improvement within a special assessment district designated
ASSESSMENT DISTRICT No. 90-1.
At the time designated for receiving bids on said Project, the bids will
U
be publicly opened, examined, and read aloud.
All bids must be in writing, must be sealed in an opaque envelope, and
U
addressed to the City, do City Clerk, and delivered or mailed to the
City at, 78105 Calle Estado, La Zinta, California 92253 in care of the
City Clerk. The envelope shall be plainly marked in the upper left-hand
q corner as follows:
ATTENTION: CITY OF LA QUINTA, CIO CITY CLERK
Bidder's Name and Address)
U
BID FOR ASSESSMENT DISTRICT NO. 90-1"
Any bid received after the hour stated above for any reason whatsoever,
U will not be considered for any purpose but will be returned, unopened,
to the bidder.
U The work and improvements hereinafter mentioned are authorized pursuant
to the terms and provisions of the Municipal Improvement Act of 1913,
being Division 12 of the California Streets and Highways Code and said
work and improvements will be financed with the proceeds of improvement
U
assessment) bonds to be issued and sold by the City, the proceeds of
tax allocation bonds to be issued and sold by the La Zinta Redevelopment
U Agency and a contribution to be made by the Coachella Valley Water District.
The works of improvement for Assessment District No. 90-1 are generally
described as follows: The construction of a storm drain system; street
U
improvements, including curbs, gutters, paving, cross gutters, driveway
approaches, reconstruction of existing driveways and the removal and/or
relocation of objects and facilities which, if left in place, would
interfere with the function of the street improvements; a sanitary sewer
U
system including sewer mains and laterals and manholes and cleanouts;
a water system; and other appurtenant work as shown on the plans and
described within these Specifications. All of the above mentioned work
U shall be done strictly in accordance with those certain plans,
specifications and drawings contained in a certain preliminary engineer 5
report on file in the office of the City Clerk and certain other contract
documents on file in the office of the City Clerk to which report and
U
documents reference is hereby made for a description of said works and
improvements.
U
U
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d_vU
The work shall be done under he supervision of tZe Director of
U
Works/City Engineer and no work Zr portion of the work shall be paid
until it is approved for payment by Zhe Director of Public Works/City
Engineer, but this shall not prevent approval of and payment for completed
portions of the work as it progresses. aymenZ made for completed portions
U of work shall not constitute final acceptance of these portions or of
the completed project.
U Each bidder must submit a proposal to the City, 0/0 City Clerk, on standard
forms available in the office of the City Clerk. Said proposal is to
be accompanied by a cash deposit, a certified or cashier's check, or a
U bid bond, made payable to the City, in an amount not less than 10 percent
of the total bid submitted. Said cash deposit or check shall be forfeited
or said bond shall become payable in the event the bidder depositing the
same does not within fifteen 15) calendar days after written notice execute
U the Contract.
The successful bidder will be required to furnish Jith the Contract a
U Faithful Performance Bond in the amount of 100 percent of the contract
price, and a Payment Bond in the amount of 100 percent of the contract
price. The successful bidder will also be required to furnish certificates
of insurance evidencing that all insurance coverage as required by the
U
Specifications has been so secured.
The contractor may, at contractor's sole cost and expense, substitute
U securities equivalent to any monies withheld by the City to insure
performance under the Contract. Such securities shall be deposited with
the City, or a state or federally chartered bank as escrow agent, who
shall pay such monies to the contractor upon satisfactory completion of
the Contract. Such securities, if deposited by the Contractor, will be
valued by the City, whose decision on valuation of the securities shall
be final. The contractor shall be the beneficial owner of any securities
substituted for monies withheld and shall receive any accrued interest
thereon. Securities eligible for investment shall include those listed
in Government Code Section l6Z30 and Government Code Section Z590. No
such substitution shall be accepted until the escrow agreement, letter
of credit, form of security and any other document related to said
substitution is reviewed and found acceptable by the City's attorney.
The City reserves the right to waive any informalities or irregularities
or to reject any or all bids, or any portions of any bid, or to reject
and then negotiate the amount and/or terms of any bid with any bidder,
and to be the sole judge of the merits of the respective bids received.
The award of contract, if made, will be on the basis of the lowest cost
to the City to a responsible bidder whose proposal complies with all the
prescribed requirements.
No bidder may withdraw his bid for a period of ninety 90) days after
the bid opening.
Contract Documents, including the Plans and Specifications, may be examined
at or be obtained at the office of the Public Works Department, City of
La Quinta, by paying a fee of $100.00 per set of Contract Documents, which
will not be refunded. The Contract Documents will be mailed upon request
for an additional non refundable charge of $25.00 per set.
U
U 2 Mc
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d_vo Z a 2. 9 a a 3 Z Z C L R Z w r t B c h C A Z a Z
NOTICZ QE' IMPROVEKENT
Cornbined Notice Zot
Special AssZi.rnent Znvestigation, Limitation
and Majority Protest Act of 1931
and
1913 Act Report
NOTICE IS ME:R!:ZY GIVEN that the land owned Zy you, or in
which you are interested, is proposed to be assessed for the
construction of proposed public improvements described as
follows:
Storm Drain System. The improvements will include
installation of reinforced concrete pipe system varying in
diameter from 60" to lA" diameterZ Work shall include
construction of manholes1 catch basins and Zunction
structures
Water System ImprovemenZ. The improvements shall include
the installation of water mains varying in size from 12" to
6" diameter. Installation of fire hydrantZ, Z" and 1 l/2Z
services and tie-in of the existing system to the system to
be constructed with these proceedings.
Sanitary Zewer System Improvements. These improvements
shall include the installZtion of Z" diameter main, 4"
diameter laterZls to e8ch parcel Znd con5truction of
manholes and clean-outs as may be required.
Work on private property is neceZsary due to grade changes
to provide continued access to individual parcels.
Right-of-entry from the property owner where such
improvement on private property is required shZll be
obtained prior to beginning of conZtruction on said private
property.
The estimated cost of the improvement above mentioned1
includinZ incidental expenses1 is the sum of $7,907,440.70; the
assessed value of the real property within the a5seZsment
district is the sum of $91077,a03,00; the estimated true value
of parcels within the district is $39,495,584Z00; the total
estimated amount of assessments Upon parcels to be assessed for
acquisitions or improvements, or both, done or previously
ordered is the sum 0 $ none The City anticipates
receiving money Zrom Coachella Valley Water District and the La
BIB]
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d_v05. 0 2 9 0 0 3 5 Z PZ * SZC L Pt N w p t Z h Z P0'7
Quinta Zedeve1opment Agency to pay a portion of the comt of the
improvements and incidental expenses, therefore, the eZtimated
amount to be ZZseZsed is $1,754,631.10.
NOTICE IS FURTHEZ GIVEN that the City CouZcil of the City
of La Quinta adopted its Resolution of Intention on the 17th
day of April, 1990 declarinZ its intention to order the
conZtruction of the above-described impZovernents for the
benefit of a special assessment district known and designated
is ASSESSMENT DISTRICT NO. 90-1 hereinafter referred to as the
Assessment District"), and on the 17th day of April, 1990, a
Zeport", consisting of plans and specifications, an estimate
of the costs, and a diagram Cf the proposed assessments,
together with an assessment roll, was filed; and on the 17th
day of April, 1990, a Resolution was adopted receiving,
considering and approving said Report" relating to said works
of improvement, and appurtenances as proposed for the
above-referenced Assessment District, and for particulars,
reference is made to said previously adopted Resolution of
Intention.
DESCRIPTION OF AZSEZSMENT DISTRICT
The said construction of the work and improvements,
together with appurtenances as aforesaid, are of more than
local or ordinary public benZfit, and the expenses of the work
and improvements are chQ-rgeable upon a district, which said
Assessment District is hereby declared to be the district
benefited and to be assesZed to pay thZ costs anZ expenses
thereof, including incidental ZxpenZes and costs, and which is
described as followZ
All that certain territory included within the exterior
boundary lines Zhown on the plat exhibiting the property
affected or benefited by or to be assessed to pay the costs and
expenses of said work and improvements, which said plat is
titled and identified as, PROPOSED EIOUZDARIES OF ASSESSMENT
DISTRICT NO. 9oZl, CITY OF LA QUINTA", and which said Map was
heretofore apZroved, on file in the office of the City Clerk,
and open to inspection. For all particulars as to the
boundaries of the Assessment District, reference is hereby made
to said Map on file with the transcript of these proceedings.
BONDS
Serial bonds shall be issued in accordance with Division 10
of the Streets and HighwayZ Code of the State of California
ZImprovernent ZQnd Act of 1915") to represent all unpaid
asseZsrnents and the last installation of said bonds shall
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d_v05. 02. 90 0Z:57 Z *ZZc&R NewZcrt BZh ZA Zoe
mZture a maximum of fifteen 15) yeats from the 2nd day of
September next succeeding twelve 12) rnonths from their Zate.
Said bonds Zha11 bear interest Zt a rate or tates not to eZceed
the current legal maximum rate of 12% per annum. A Zeriod of
thirty 30) dZya will be allowed Zfter the confirZation of the
asses.met>t to pay assessmentZ in caZh or to make payment
against said asse8sments. The balance of assessments will then
become payable in annual insta1lZents, and serial bonds will be
issued bearing interest at S rate or rates to be determined on
the sale thereof; provided1 however, that the rate shall not
exceed the rnaximum rate as set forth herein above.
MUNICIPAL IMPROVEMENT ACT OF 1913"
Except as herein otherwise provided for the issuance of
bonds, all of said improvements shill be made and ordered
pursuant to the provisions of the Municipal Improvement Act of
191311, being DiviZion 12 of the Streets and Highways Code of
the StaZe of California.
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT ON THE 29TH DAY OF MAY, 1990,
AT ZME HOUR OF 7:00 OZCLOCK P.M. OF SAID DAY, THAT THE
COMMUNITY CENTER, 77861 AVENIDA MONTEZUMA, LA QUINTA,
CALIFORNIA, 922Z3, CALIFORNIA, IS THE TIME AND PLACE FIXED TO
CONSIDER AND FINALLY DETERMINE WHETHER THE ZuZLIC INTEREST AND
CONVENZENCE REQUIRE THE IMPROVEMENTS; AND TO CONSIDER AND
DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF THE
ZRQPERTY IN THE PROPOSEI;) ASSESSMENT ZIZTRICT HAVE PROTESTED
AGAINST SAID IMPROVEMENTS, OR ANY POR'I'ION THEREOF; AND TO
CONSIDER AND FINALLY ACT ON TFE ENGINEER'S REPORT"; AND TO
HEAR ALL PROTESTS RELATING TO SAID PROPOSED ZROCEEDINGS, OR THE
GRADES AT WHICM THE WORK SHALL BE DONE, OR THE EXTENT OF THE
ASSESSMENT DISTRICT, OR AS TO MAPS AND DESCRIZTIONS, OR THE
ESTIMATE OF THE COST AND EXPENSES THEZEOF1 OR THE PROPOSED
DIAGRAM OR ASSESSMENT; AND ANY AND ALL ZERSONS INTEREZTED MAY
FILE A WRITTEN PROTEST AT OR BEFORE THE TINE SET FOR HEARING
REFERRED TO HEREIN.
REPORT
A Report", consisting of detailed plans, ZpeciZications,
maps and descriptions, eZtimate of Cost and expenses, and
diagram and asZeZsrrZeZt, has been preparedZ preliminarily
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d_vZ. Z 2. 9 0 0 3 9 7 P Z S Ir C & ft Z r t Z h C Z P 0 2
NOTICE OF HEARING AND NOTICE OF ADOPTIOZ OF A
RESOLUTION OF INTENTION FOR THE CONSTRUCTION
OF CERTAIN IMPROVEZNTS Z THE ZENEFTT OF
ASSESSZENT DIETRICT NO. 90-1 IN TlZ CITY OP'
LA QUINTA
Combined Notice for
Special Assessment Investigation, Limitation
and Majority Protest Act of 1g31
anZ
1913 Act Report
NOTICE IS HEREBY GIVEN that the land owned by you, or in
which you are Interested, is proposed to be assessed for the
construction of proposed public improvements described as
follows
ZZDrainS stem. The iZproverrZents will include
installation of reinforced concrete pipe systeZtZ
varying in diameter from 60" to lg'* diameter. WorZ
shall include conZtruction of manholes1 catch basins
and Zunction structures.
Water System Improvements. The iZprovements shall
include the installation of water rnains varying in
siZe from 12" to 6Z diameter. Installation of fire
hydrants. 1" and 1 1/2" services and tie-*in of the
Zxi sting system to the system to be constructed with
these proceedings.
Sanitary Sewer System Improvements. These
improvementZ shZ11 include the installation oZ 8"
diameter main, 4'Z diameter laterals to each parcel
and construction of manholes and clean-outs as may
be required.
Work on private property is neceZsary due to grade
changes to provide continued access to individual
parcels. Right-oE-entry from the property owner
where such improvement on private property is
required shall be obtained prior to beginning of
construction on said private property.
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d_v0Z. 02. 90 0:3: Z Z *ZZCLft NZwZo r t BZ h CA Z03
Zhe estimated cost of the improvement above mentioned,
including incidental expenseZ, is the Zum of $7,907,440.70; the
assessed value of the real property within the aBsessment
district is the sum of $9,077,8a3.oo; the estimated true value
of parcels within the district is $39,495,584.00; the total
estimated amount of assessments upon parcels to be assessed for
acquisitions or improvements, or both, done or previously
ordered is the sum of $ none Tbe City anticipates
receiving moZey from CoaZhella Valley Water District and the La
Quinta Redevelopment Agency to pay a portion of the cost of the
improvements and incidental expenses, therefore, the e5timateZ
amount to be a5Zessed i5 Zl,754,631.l0. The estimated amount
of the proposed assessment upon your parcel for the Proposed
improvement is enclosed herewith. The estimated amount of the
proposed assessment is approximate only as it is based upon the
stated estimated cost of the improveZents and incidental
expenses and is not to be deemed the actual amount which will
Ze assessed.
NOTICE IS FUZTHER ZIVEN that the City Council of the City
of La Quinta adopted its Reso1Ztion of Intention on the 17th
day of April, 1990 declaZing its intention to order the
construction of the above-described improvements for the
benefit of a special assessment district known and designated
as AZSZZSMENT DISTRICT NO, Z0-1 hereinafter referred to as the
Assessment DiZtrict"), and on the 17th day of April, 1990, a
*`Report", consisting of plans and specifications, an estimate
of the costs, and a Ziagrarn of the proposed assessments,
together with an assessment roll, was filed; and on the 17th
day of April, 1990, a Resolution was adopted receiving,
considering and approving said Report" relating to said works
of improvement, and appurtenances as proposed for the
above-referenced Assessment District, and fcr pZrticulars,
reference is made to sZid previously adopted Resolution of
Intention.
DESCRIPTION OF ASSESSMENT DIZTRICT
The said Construction of the work and improvements,
together with appurtenances as aforesaid, are of more than
local or Ordinary public benefit, and tZe expenses of the work
and improvements are chargeable upon a district, which said
Assessment District is hereby declared to be the disttict
benefited and to Zs assessed to pay the costs and expenses
thereof, including incidental expenses and costs, and which is
described as follows:
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d_v05. 02. Z 0 0 Z *Zc & R N w r Z c h CA Z 0 4
All Zhat certain territory included within the exterior
boundary lines shown on the plat exhibiting the property
affected or benefited by or to be assessed to pay the costs and
expenses of said work and iinproveiZents1 which said plat is
titled and identified as, PROPOSED ZOUNDARIES OF ASSESSMENT
DISTZTCT NO. 90-1, CITY OF LA QUINTA", and which said Map was
heretofore approved, on file in the Office of the City Clerk,
and open to inspection. Zor all ParticulZrs as to the
boundaries of the Assessinerit District, reference is hereby made
to said Map on file with the transcript of these proceedings.
BONDS
Serial bonds shall be issued in Zccordance with Division 10
of the Streets and Highways Code of the Ztate of California
Improvement Bond Act of 1Z15") to represent all unpaid
ZZseZ5ments and the last installation of said bonds shall
mature a maximum of fifteen 15) years from the 2nd day of
Septernber next succeeding twelve 12) months from their date.
Said bonds shall bear interest at a rZte or rates not to exceed
the current legal maxiZum rate of 12% per anZum. A period of
thirty 30) days Zill be allowed after the confirmation of the
assessment to pay assessments in cash or to make payment
against said assessmentZ, The bZlance of assessments will then
become payable in annuZl installments, and serial bonds will be
issued bearing intZreZt Zt a rate or rates to be detCrmined on
the sale thereof; provided, however, that the rate shall not
exceed the maximum rate as Zet forth herein above.
MUNICIPAL IMPROVEMENT ACT OF 1913'
ZxcepZ as herein otherwise provided for the issuance of
bonds, all of said improvements shall be mZde and ordered
pursuant to the provisions of the *`MunicZpZl Improvement Act of
19l3Z, being Division 12 of the Streets and Highways Code of
the Ztate of California.
PUZLIC HEARING
NOTICE IS HEREBY GIVEN THAT ON THE 29TH DAY OF MAY, 1990,
AT THE HOUR OF 7:00 O'CLOCK Z.M. OF SAID DAY, THAT THE
COMMUNITY CENTER, 778Z1 AVENIDA ZONTEzUMA, LA QUINTA,
CALIFORNIA, 92253 IS THE TIME AND PLACE FIXED TO CONSIDER AND
FINALLY DZTERMINE WHETHER THE PUZLIC INTEREST AND CONVENIENCE
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d_v RESOLUTION NO. 90-34
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA APPROVING REPORT AND FIXING TIME
AND PLACE OF HEARING PROTESTS TO PROPOSED
IMPROVEMENTS
Assessment District No. 90-1
WHEREAS, by Resolution No. 90-32 in the proceedings for the
formation of Assessment District No. 90-1 this City Council
ordered a Report prepared by the Engineer of Work under and
pursuant to the provisions of the Municipal Improvement Act of
1913, and, in particular, Section 10204 of the California
Streets and Highways Code; and
WHEREAS, the Engineer of Work has prepared said Report and
filed the same with the City Clerk, and said City Clerk has
presented said Report to this City Council for consideration;
and
NOW, THEREFORE, the City Council of the City of La Quinta
DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. Said Report be and the same is approved, and
the City Clerk is directed to endorse the fact and date of such
approval on said Report and to file said Report in the office
of said City Clerk.
SECTION 2. May 29, 1990, at 7:00 p.m. at the Community
Center, 77861 Avenida Montezuma, La Quinta, California 92253,
are hereby fixed as the time and place of hearing protests and
objections to the said Report.
SECTION 3. Said City Clerk shall cause a notice of the
passing of said Resolution No. Zp-Zp, the filing of said Report
and the setting of the time and place for hearing protests to
be posted conspicuously on all the open streets within the
proposed assessment district in time, form and manner required
by Sections 10302 of the California Streets and Highways Code.
Said City Clerk shall also cause a notice similar in substance
to the notice described in said Section 10303 to be published
once a week for two 2) successive weeks in The Desert Sun, a
newspaper of general circulation within the City, as required
by Section 10304 of the California Streets and Highways Code.
Said City Clerk shall also mail, postage prepaid, notices of
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d_v the adoption of said resolution and the filing of said Report
to all persons owning real property proposed to be assessed
whose names and addressed appear on the last equalized county
assessment roll or who are known to the City Clerk. Said
notices shall be mailed in the time, form and manner required
by Secticns 10306 and 10307 of the California Streets and
Highways Code.
ADOPTED, SIGNED AND APPROVED this 17th day of April, 1990.
SEAL)
ATTZ:
ZTZy Clerk of the Zty of La Quinta
APPROVED AS TO FORM:
DAWN HONEYWELL, ATTORNEY
CITY OF LA QUINTA, CALIFORNIA
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d_v RESOLUTION NO. gn-Zg
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA APPROVING PLANS AND SPECIFICATIONS
FOR IMPROVEMENTS IN ASSESSMENT DISTRICT NO,
90-1 AND AUTHORIZING SUBMISSION OF PLANS AND
SPECIFICATIONS FOR BID
Assessment District No. 90-1
WHEREAS, the City Council of the City of La Quinta has
heretofore adopted its Resolution of Intention, Resolution
No. 90-32 to order improvements and to form Assessment District
No. 90-1 under the Municipal Improvement Act of 1913; and
WHEREAS, plans and specifications for the construction of
certain imprQvements for the benefit of the proposed Assessment
District No. 90-1 have been prepared anZ submitted to this City
Council; and
WHEREAS, it appears necessary and desirable to submit said
plans and specifications for bid in order to determine the
feasibility of the installation thereof;
NOW, THEREFORE, the City Council of the City of La Quinta
DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. The plans and specifications prepared
entitled Street Improvement Plans, Sanitary Sewer Improvement
Plans, Water System Improvement Plans and Storm Drain
Improvement Plans' are approved.
SECTION 2. The City Clerk is instructed to submit to
contractors said plans and specifications for bid at the time
and place as set forth in the notices which appear in said
plZns and specifications, and to publish the notices inviting
bids for two successive weeks in a newspaper of general
circulation within the City.
ADOPTED, SIGNED AND APPROVED this 17th ay of April, 1990.
Mayor 0 Cit f La OuZnta
Z
Zity Clerk of the CZy of La Quinta
APPROVED AS TO FORM:
DAWN HONEYWELL, City Attorney
City of La Quinta
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d_vSTATE OF CALIFORNIA)
95,
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 Zneeting of said
City Council held on the 17th day of April1 1990, and that it
was so adopted by the following vote:
AYES: COUNCILMAN BOHNENBERGER, BOSWORTH, RUSHWORTH1
SNIFF Z MAYOR PENA
NOES: NONE
ABSENT: NONE Z
Clerk of the City
La Quinta
SEAL)
STATE OF CALIFORNIA)
38.
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. 90-33 of said City Council,
and that the saZe has not been amended or repealed:
DATED: April 17, 1990.
JyZHrkoZZ
La Quinta
SEAL)
04/12/90 2-
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d_v CITY OF LA QUINTA
ASSESSMENT DISTRICT NO. 90-1
INSTRUCTIONS FOR HEARING
1. Mayor announces: The hour of 7:00 oclock p.rn
having arrived, this is the time and place fixed for
the 1913 Act Assessment Hearing of protests,
objections or appeals in respect to the assessment and
work under and pursuant to Resolution of Intention,
Resolution No. 90-1.
2. City Clerk presents Affidavit of Compliance regarding
publication, posting and mailing filed with the City
Clerk.
3. Mayor calls upon Bond Counsel to explain the
proceedings.
4. Bond Counsel explains the nature of the proceedings:
a. Combined Hearing under the Majority Protest Act
of 1931 and the 1913 Act;
b. Testimony;
c. Confirmation of assessments;
d. Cash payment period; and
e. 1915 Act Bonds
Z-.--- Z the written prZts.
6. Mayor calls upon Joe Kicak, the Engineer of Work, to
present the final 1913 Act Report and to explain the
proposed boundaries of the assessment district, the
nature of the work, a general statement that all
property within the assessment district will be
benefited, and the percentage of area of and within
the assessment district represented by written
protests.
7. Mayor asks Does any person or his representative,
desire to be heard to protest the proceedings?" Hear
all persons responding.)
8. Mayor asks: Does any person wish to be heard in
favor of the proceedings?" Hear all persons
responding.)
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d_v 9. Mayor calls upon the Engineer of Work to make a
statement regarding the benefit of each property where
the owner has made a protest if the Engineer of Work
has not responded to the protestants during the course
of the hearing.
10. If all persons have been heard and there are no other
persons present indicating a desire to be heard, the
City Council will either close the hearing or adjourn
the hearing if any changes in the proceedings which
should increase the assessment or add property to the
assessment district. If there is no need for an
adjourned hearing the City Council will then close the
hearing by motion and voice vote. The following
actions should be taken:
1. Adopt the resolution confirming assessments.
2. Adopt the resolution designating the City
Treasurer to collect assessments.
3. Adopt the resolution authorizing the sale,
approving bidders statement and approving
the P.0.5.
4. Adopt by motion the award of the
construction contract subject to the
delivery of the bonds, if applicable.
NOTES
A. The minutes should shown the names and addresses of
all protestants, including a very brief resume of oral
objections.
B. After the confirmation of the assessment by the City
Council, i) the City Clerk, and ii) the
Superintendent of Streets should sign the assessment
diagram and date it May 30, 1990. On the same date,
the Superintendent of Streets will record the diagram
and assessment in his office. Appropriate entries
will be found on the assessment diagram to indicate
recordation.
C. On the same date as the filing in the office of the
Superintendent of Streets, the City Clerk files a copy
of the assessment and diagram in the office of County
Recorder.
05/22/90
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