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CC Resolution 1989-003^ 7 RESOLUTION NO. 89-3 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. 88-1 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 WHEREAS, the proposed assessment district, if it is formed, is to be known and designated as Assessment District No. 88-1 the *`Assessment District"); and WHEREAS, 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. 88-1" 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 BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7* adoption of this resolution, and to file the original thereof in her office and the copy in the office of the County Recorder of Riverside County, 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 Improvements") generally include the following: Storm Drain System. The system shall consist of reinforced concrete pipe varying in size from 18 inch diameter to 66 inch diameter, various manholes and catch basins to be constructed in Calle Colima, Avenida Mendoza and Calle Madrid. Street System. The street system shall be reconstructed within all of the boundaries of the district described as lying southerly of the northerly line of parcels having frontage on Calle Madrid. The construction as proposed consists of installation of curb, gutter, paving of roadway section with a minimum of 3 inch of A.C. paving on native material on local streets, 3 inch of A.C. paving over 4 inch of Class 2 Base material on collectors, and 4 inch of A.C. paving over 6 inch of Class 2 Base material on Eisenhower. It includes construction of concrete driveway approaches and reconstruction of existing driveways as may be required to meet grade. It includes removal or relocation of any facilities located now in the area of proposed construction, which if left in place would interfere with the intent of the project. These facilities include but are not limited to the removal or relocation of landscaping, mailboxes, sprinkler systems, trees and shrubs. Water System Improvement. The project proposes to install new and/or replace substandard existing water system in the area south of Calle Madrid. The system to be constructed consists of 18, 12, 8, and 6 inch diameter mains, 1 and 1-1/2 inch services, and fire hydrant assemblies. Connections to the existing system which will remain in place are part of the project. 12/30/88 2786n/2588/0l 2- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7 Natural Gas system. The proposal is to provide each and every parcel in the area along the frontage of Avenida Bermudas south of Calle Ensenada and all of the parcels south of Calle Madrid with availability of natural gas. The system shall include mainline as well as services to each parcel. The construction of the system shall be the responsibility of Southern California Gas Company by entering into a contract with the City Assessment District 88-1) for the cost of construction of the system. The construction shall be done by a contractor selected by Southern California Gas Company, and the construction shall be coordinated by the City and Southern California Gas Company to install the natural gas facilities in conjunction with other improvements described as part of the project. Sanitary Sewer System. The system as proposed shall provide public sanitary sewer service to the properties on the west of Avenida Bermudas, south of Calle Cadiz, and all of the properties south of Calle Madrid, including the properties on the north side of Calle Madrid having frontage on said street. The system, as proposed consists of 15, 12, 10 and 8 inch diameter main and 6 and 4 inch diameter laterals. Manholes and cleanouts are proposed throughout the system. 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 the 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. 12/30/88 2786n/2588/0l 3- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7 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 of 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 adjustment required with respect thereto). The last installment of such bonds shall mature a maximum of 15 years from the second day of September next succeeding the first 12 months after their date. It is anticipated that two series of bonds will be issued, interest on the Series A bonds will be tax exempt, however, interest on the Series B bonds issued for the natural gas improvements will be taxable. 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. SECTION 12. Any surplus remaining in said Improvement Fund following the completion of the Improvements shall be used as a credit against the assessments or any supplemental assessments. 12/30/88 2786n/2588/0l 4- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7 SECTION 13. The City Council hereby determines that the City is not obligated to advance available funds from the City Treasury to cure any deficiency which may occur in the bond redemption fund but may do so in its discretion. SECTION 14. Pursuant to the provisions of Streets and Highways Code Section 8680(b), a penalty of two percent 2%) of the total amount of any delinquent installment shall be added to such delinquent installment after the close of business on the delinquency date and an additional penalty of two percent 2%) of the amount of such delinquency shall be added thereto at the beginning of business on the tenth day of each succeeding month until such delinquent installment and all penalties thereon are fully paid. This penalty shall be in lieu of all other penalties assessed by any other provision of law. The City Treasurer, or such paying agent as the City Council may from time to time designate to perform such task, shall collect the aforesaid penalty with and as a part of each delinquent installment, and the penalties so collected shall be deposited in the redemption fund created with respect to the above-mentioned bonds. SECTION 15. It is hereby determined that the bonds proposed to be issued in these proceedings may be refunded. Any adjustment to assessments resulting from such refunding shall be done on a pro rata basis as required pursuant to Section 8571.5 of the Streets and Highways Code. Any such refunding shall be pursuant to the provisions of Division 11.5 commencing with Section 9500) of the Streets and Highways Code, except that, if, following the filing of the report specified in Section 9523 and any subsequent modifications of the report, the City Council finds that each of the conditions specified in the resolution of intention is satisfied and that the adjustments to assessments are on a pro rata basis, the City Council may approve and confirm the report and any, without further proceedings, authorize, issue, and sell the refunding bonds pursuant to Chapter 3 commencing with Section 9600) of Division 11.5 of the Streets and Highways Code. Any such refunding bonds shall bear interest at the rate of not to exceed twelve percent 12%) per annum, or such higher rate of interest as may be authorized by applicable law at the time of sale of such bonds, and the last installment of such bonds shall mature on such date as will be determined by the City Council in the proceedings for such refunding. SECTION 16. The Coachella valley Water District and the La Quinta Redevelopment Agency have committed to the City to provide money for the construction of portions of the improvements. The City Council determines that when said money is received by the City said money will be applied toward the cost of the construction of the Improvements. 12/30/88 2786nI258B/0l 5- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7 SECTION 17. This Resolution shall take effect immediately upon its adoption. ADOPTED, SIGNED AND APPROVED this 3rd day of January, 1989. SEA ATT * * ity Clerk of the C of La Quinta 12/30/88 2786n/2588/0l 6- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02 ^ 7STATE OF CALIFORNIA) 53. 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 meeting of said City Council held on the 3rd day of January, 1989, and that it was so adopted by the following vote: AYES: Council Members Bohnenberqer, Bosworth, Rushworth, Sniff, Mayor Pena NOES: None ABSENT None *ity Clerk of the Ci* of La Quinta SEAL) STATE OF CALIFORNIA) 55. 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. R9-3* of said City Council, and that the same has not been amended or repealed DATED: January 3, 1989. *City Clerk of the*<ity of La Quinta SEAL) 12/30/88 2786n12588/01 7- BIB] 07-09-1998-U01 03:59:54PM-U01 ADMIN-U01 CCRES-U02 89-U02 03-U02