CC Resolution 2000-009 RESOLUTION NO. 2000-09
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
PRELIMINARILY ADOPTING, CONFIRMING AND APPROVING THE
ENGINEER'S REPORT AND APPOINTING THE TIME AND PLACE FOR
HEARING PROTESTS TO IMPROVEMENTS IN PROPOSED ASSESSMENT
DISTRICT NO. 2000-1 (Phase VI Improvements)
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 make the improvements in Assessment District No. 2000-1 (Phase VI
Improvements) (the "Assessment District"), therein described; and
WHEREAS, the City Council in and by the resolution referred the proposed
improvements to the Engineer of Work (the "Engineer"), and directed the Engineer to
make and file with the City Council a report containing the matters specified in Section
10204 of the Streets and Highways Code; and
WHEREAS, the Engineer has on this date filed with the Clerk of the City his
report in writing containing the matters specified in Section 10204 of Streets and
Highways Code, including the following:
(a) Plans and specifications of the proposed improvements if the
improvements are not already installed;
(b) A general description of the property necessary or convenient for the
operation of the work and improvements and of the property to be
acquired as a part of the improvements;
(c) An estimate of the cost of the proposed improvements and acquisitions
and incidental expenses in connection therewith;
(d) A diagram showing the Assessment District, and zones thereof, and the
boundaries and dimensions of the subdivisions of land within the
assessment district as they existed at the time of passage of the
resolution, each of which subdivisions has been given a separate number
upon the diagram, and showing the relative location of the parcels of land
to the work proposed to be done and the improvements to be made;
__ (e) A proposed assessment of the total amount of the cost and expenses of
the improvements distributed and allocated upon the several subdivisions
of land in the district in proportion to the estimated benefits to be
received by such subdivisions, respectively, from the improvements.
Resolution No, 2000-09
Engineers Report
Assessment District 2000-1
Adopted: February 15, 2000
Page 2
to be received by such subdivisions, respectively, from the
improvements.
WHEREAS, the report has been duly presented by the Clerk of the City for
consideration and has been fully considered by the City Council;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
HEREBY RESOLVE, DETERMINE AND ORDER AS FOLLOWS:
1. The report, including the plans, specifications, general descriptions,
estimate of the cost of acquisitions and improvements and incidental
expenses in connection therewith, diagram and proposed assessment,
are hereby preliminarily adopted, confirmed and approved.
2. Tuesday, the 21 st of March, 2000, at 3:00 p.m., or as soon thereafter
as the matter can be heard, at the Council Chambers of the City Council,
located at 78-495 Calle Tampico, La Quinta, California, is hereby fixed
as the time and place for a public meeting by the City Council on the
question of the formation of the Assessment District.
3. Tuesday, the 18th of April, 2000, at 7:00 p.m., or as soon thereafter as
the matter can be heard, at the Council Chambers of the City Council,
located at 78-495 Calle Tampico, La Quinta, California, is hereby fixed
as the time and place for hearing protests to the proposed improvements
and/or acquisitions.
4. RIGHT TO SUBMIT WRITTEN PROTEST AND/OR BALLOT
PURSUANT TO THE PROVISIONS OF THE MUNICIPAL IMPROVEMENT
ACT OF 1 91 3, ANY AND ALL PERSONS HAVE THE RIGHT TO FILE A
PROTEST AS DESCRIBED BELOW. IN ADDITION, EACH RECORD
OWNER OF PROPERTY PROPOSED TO BE ASSESSED HAS THE RIGHT
UNDER THE PROVISIONS OF ARTICLE XIIIC OF THE CONSTITUTION OF
THE STATE OF CALIFORNIA TO SUBMIT A BALLOT IN FAVOR OF OR
IN OPPOSITION TO THE PROPOSED ASSESSMENT.
Resolution No. 2000-09
Engineers Report
Assessment District 2000-1
Adopted: February 15, 2000
Page 3
PROTEST PROCEDURE
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE
PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE
ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY
APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE
OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF
INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST
BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR
BEFORE THE TIME SET FOR THE PUBLIC HEARING.
BALLOT PROCEDURE
BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL
__ LOCATED WITHIN THE ASSESSMENT DISTRICT AND SUBJECT TO A
PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE
SUCH BALLOT AND THEREBY INDICATE THEIR SUPPORT OR
OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH BALLOTS
MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING
ADDRESS AT OR BEFORE THE TIME SET FOR THE COMMENCEMENT
OF THE SECOND PUBLIC HEARING
CITY CLERK
CITY OF LA QUINTA
78-495 CALLE TAMPICO
LA QUINTA, CA 92253
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE
SUFFICIENT IF NOT RECEIVED THEREBY.
Resolution No. 2000-09
Engineers Report
Assessment District 2000-1
Adopted: February 15, 2000
Page 4
AT THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE
BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A MAJORITY
PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN
ASSESSMENT WITHIN THE ASSESSMENT DISTRICT OR A PARTICULAR
ZONE THEREOF. A MAJORITY PROTEST EXISTS IF, UPON THE
CONCLUSION OF THE PUBLIC HEARING, BALLOTS SUBMITTED IN
OPPOSITION TO THE ASSESSMENTS WITHIN THE ASSESSMENT
DISTRICT OR A PARTICULAR ZONE THEREOF EXCEED THE BALLOTS
SUBMITTED IN FAVOR OF SUCH ASSESSMENT OR A PARTICULAR
ZONE THEREOF. IN TABULATING THE BALLOTS, THE BALLOTS SHALL
BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL
OBLIGATION OF THE AFFECTED PROPERTY.
5. The City Clerk is directed to cause notice of the hearing for protests to
be mailed in accordance with Section 10301 of the California Streets
and Highways Code and Government Code Section 54954.6.
6. The Boundary Map for the Assessment District is hereby approved and
the Superintendent of Streets (Director of Public Works) and City Clerk
are hereby directed to record said map in the records of the Riverside
County Recorder's Office as required by Streets and Highways Code
Section 3113.
PASSED, APPROVED and ADOPTED by the City Council of the City of La
Quinta at a regular meeting held on the 15th day of February, 2000 by the following
vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
Resolution No. 2000-09
Engineers Report
Assessment District 2000-1
Adopted: February 15, 2000
Page 5
JOHN ~. P~_~IA, ~cor
City of La Quinta, California
ATTEST:
U(~
J 'I~E lerk'~
CitV of La Quinta, California
APPROVED AS TO FORM:
City of La Quinta, California