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RDA Resolution 2000-02 RESOLUTION NO. RA 2000-02 A RESOLUTION OF THE REDEVELOPMENT AGENCY BOARD OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE CITY'S BALLOTS FOR PARTICIPATION IN THE ASSESSMENT DISTRICT 2000-1 PHASE VI PUBLIC SEWER IMPROVEMENTS WHEREAS, in accordance with the provisions of Section 5896 5 of the California Streets and Highways Code, at least five owners of more than 50 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 1913, being Division 12 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 WHEREAS, 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) (the "1931 Act") will be complied with pursuant to the Alternative Proceeding's provisions of Sections 2960 et seq. thereof; 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, during the February 15, 2000 City Council Meeting, the City Council adopted Resolution No. 2000-08 Declaring the City's intent to order the construction of certain improvements and to form Assessment District 2000-1 (Phase VI Improvements); and WHEREAS, during the regular City Council Meeting of February 15, 2000, the City Council adopted Resolution No. 2000-09 Preliminarily adopting, confirming, and approving the Engineer's Report and appointing a time and place for hearing protest to improvements in the proposed Assessment District 2000-1 (Phase VI Improvements); and WHEREAS, during the regular City Council Meeting of February 15, 2000, the City Council directed staff to mail ballots to each property owner affected by the proposed Assessment District 2000-1; and Resolution No. RA 2000-02 AD 2000-1/Phase VI/Sewer Improvements Adopted: April 4, 2000 Page 2 WHEREAS, proposed Assessment District 2000-1 is provided to levy an assessment for a period of 15 years to issue bonds in the amount of the assessment and to proceed with the proposed public improvement project which includes the construction of public sewers; and WHEREAS, the Redevelopment Agency is the owner of record of five parcels affected by the proposed Assessment District 2000-1; and WHEREAS, the Redevelopment Agency owns parcels affected by the proposed Assessment District 2000-1 are as follows: Assessor's Parcel Number APN 773-078-008, APN 773-078-009, APN 773-101-002, APN 773-104-005, APN 773-104-006, and APN 770-123-007; and WHEREAS, ballots for the proposed Assessment District 2000-1 are to be received by the City no later than April 18, 2000 at 5:00 p.m. NOW, THEREFORE, THE REDEVELOPMENT AGENCY BOARD OF THE CITY OF LA QUINTA DOES HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. This Redevelopment Agency Board hereby finds and declares that the public interest and necessity require the construction of the Improvements, as hereinafter described and this Redevelopment Agency Board hereby declares its intention to support Assessment District 2000-1 covering the real property benefitted by said Improvements. SECTION 2. Pursuant to Section 4 of Article XIID of the Constitution of the State of California, parcels within the Assessment District 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 publicy-owned parcels infact receive no special benefit from the improvement. SECTION 3. The Redevelopment Agency Board declares its approval of the Redevelopment Agency's ballots for participation in Assessment District 2000-1 Phase VI Public Sewer Improvements for APN 773-078-008, APN 773-078-009, APN 773-101-002, APN 773-104-005,, APN 773-104-006, and APN 770-123-007 in a total estimated amount not to exceed ~42,000.00 Resolution No. RA 2000-02 AD 2OOO-1/Phase VIISewer Improvements Adopted: April 4, 2000 Page 3 PASSED, APPROVED and ADOPTED by the Redevelopment Agency Board of the City of La Quinta at a regular meeting held on the 4TM day of April, 2000 by the following vote: AYES: Members Adolph, Pe~a, Perkins, Sniff, Chair Henderson NOES: None ABSENT: None ABSTAIN: None TERRY H~_DERSON, Chair La Ouinta Redevelopment Agency ATTEST: JU Secretary La Quinta Redevelopment Agency (Agency Seal) APPROVED AS TO FORM: DAWN C. HONEYWEEL, Agency Counsel La Quinta Redevelopment Agency