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CC Resolution 2000-032 RESOLUTION NO. 2000-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA CONFIRMING ASSESSMENTS IN PROPOSED ASSESSMENT DISTRICT NO. 2000-1 (PHASE VI), ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY WHEREAS, the city Council of the City of La Quinta by Resolution No. 2000-08 heretofore adopted by the City Council on February 15, 2000, declared its intention to order the work to be done and the improvements to be made as described in that resolution in an assessment district to be designated Assessment District No. 2000-1 (Phase VI), as shown and designated on that certain map entitled "Proposed Boundaries, Assessment District No. 2000-1 (Phase VI), City of La Quinta on file in the office of the City Clerk; and WHEREAS, the City Council in and by that resolution referred the work, acquisitions and improvements to MuniFinancial, as Engineer of Work, and directed it to make and file with the City Clerk a report in writing; and WHEREAS, the Engineer of Work duly filed with the City Clerk a report in writing, including plans and specifications of the proposed improvement, a general description of works, appliances or property to be acquired, an estimate of the costs of the improvements and of land, rights of way, easements, and incidental expenses in connection with the improvements, a diagram showing the assessment district and the boundaries and dimensions of the subdivisions of land within the assessment district as they were expected at the time the Resolution was adopted, a proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in the assessment district in proportion to the estimated benefits to be received by such subdivisions from the improvements and a proposed maximum annual assessment for administration and collection of assessments, all in accordance with Sections 10203 and 10204 of the California Streets and Highways Code; and WHEREAS, the City Council, by Resolution No. 2000-09 heretofore adopted on February 15, 2000, preliminarily approved as modified the Engineer's Report and fixed Tuesday, March 21, 2000, at 7:00 p.m. and Tuesday, April 18, 2000, at 7:00 p.m. in the chambers of the City Council, City Hall, 78-495 Calle Tampico, La Quinta, California, as the times and places for a public meeting and for a public hearing, respectively, for hearing protests or objections to the proposed acquisitions and improvements, the extent of the assessment district and the proposed assessment, and provided for notice of the hearing; and Resolution No. 2000-32 Assessment District 2000-1 Adopted: April 18, 2000 Page 2 WHEREAS, the Assessment Engineer of Record filed an affidavit with the City Clerk indicating that all requirements were met for the procedures in order to complete a Declaration setting forth a time and manner of compliance with the requirements for mailing notices of the passage of Resolution No. 2000-09 and of the time and place of the aforementioned Public Meeting and Public Hearing for hearing protest or objections to the proposed acquisitions and improvements and the City Council hereby finds that notice of a passage of that Resolution and of the time and place for hearing protest or objections to the proposed acquisitions and improvements have been mailed in the time, form, and manner required by law; and WHEREAS, the public meeting and public hearing were duly held by the City Council at the times and places for the hearing of all objections to the proposed work and improvements; and WHEREAS, either no written protests, objections, or votes, measured by assessment amount as required by law, against the assessment were filed with the City Clerk at or before the time set for said hearing with respect to the improvements, or any protests, objections, or votes, measured by assessment amount as required by law, against the assessment received were less than majority protest and overruled; and WHEREAS, the City Council immediately thereupon acquired jurisdiction to order the proposed improvements to be made. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The foregoing recitals are true and correct and the City Council so finds and determines. SECTION 2. The City Council hereby confirms the proposed assessment in the maximum amount of 92,765,549 and declares that the Confirmed Report of the Engineer including the pians, specifications, description of acquisitions, estimates of the cost of the improvements, assessments, boundary map and diagram are hereby finally adopted, accepted, confirmed, and approved. SECTION 3. The City Council hereby orders the work, acquisitions and improvements described in Resolution No. 2000-08 and in the report to be done and made. Resolution No. 2000-32 Assessment District 2000-1 Adopted: April 18, 2000 Page 3 SECTION 4. The City Clerk shall transmit to the Superintendent of Streets (Director of Public Works) of the City of La Quinta the diagram and assessment, as amended and modified. The Superintendent of Streets is hereby directed to record the diagram and assessment in his office in a substantial book kept for that purpose and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the Office of the Recorder, County of Riverside, and upon the date of such recordation in the Recorder's office the assessment shall become a lien upon the lands upon which it is levied, and upon the date of recordation in the Superintendent of Street's office, the assessment shall become due and payable, all pursuant to the Municipal Improvement Act of 1 91 3. SECTION 5. The City Treasurer of the City of La Quinta is hereby designated to collect and receive the money paid pursuant to the assessment during the cash collection period, in the manner prescribed by law. SECTION 6. The City Clerk and City Treasurer are hereby directed to give notice of the improvement by mailing and publishing notice in the manner set forth in Streets and Highways Code Section 10404 to the owners of the real property within the assessment district assessed thereby. PASSED, APPROVED and ADOPTED by the City Council of the City of La Quinta at a regular meeting held on the 18~ day of April, 2000, by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None J P City of La Quinta, California Resolution No. 2000~32 Assessment District 2000-1 Adopted: April 18, 2000 Page 4 ATTEST: City of La Quinta, California (City Seal) APPROVED AS TO FORM: DAWN C. HONEY~j~ELL, City Attorney City of La Quinta, California