CC Resolution 1989-082^#:& RESOLUTION NO. 89-82
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA MAKING DETERMINATIONS,
CONFIRMING ASSESSMENTS AND PROCEEDINGS,
AND OPDERING PROPOSED IMPROVEMENTS IN THE
MATTER OF
Assessment District No. 89-2
WHEREAS, this City Council has by its Resolution No. 89-56
declared its intention to order the construction of certain
improvements, appurtenances, and appurtenant work, and to forrn
Assessment District No. 89-2 under the provisions of the
Nunicipal Improvement Act of 1913, i.e., Division 12 of the
California Streets and Highways Code herein the Act"); and
WHEREAS, by Resolution No. 89-58, this City Council has
approved a Report prepared by the Engineer of Work under and
pursuant to the Act and, in particular, Sections 2961, 10203
and 10204 of the California Streets and Highways Code herein
Report"); and
WHEREAS, in Resolution No. 89-58, this City Council fixed
June 22, 1989, at the hour of 7:30 o*clock p.m. at the
Community Center, 77861 Avenida Montezuma, La Quinta,
California, as the time and place of hearing protests and
objections to the improvements proposed in said Report to be
made, the extent of the assessment district proposed to be
created, and/or to the proposed assessment; and
WHEREAS, the City Clerk of the City Council herein City
Clerk") has given the notices of the passage of the Resolution
of Intention, Resolution No. 89-56 the filing of the Report,
and of the time and place and purpose of said hearing, all as
required by Sections 10302, 10303, 10306 and 10307 of the
California Streets and Highways Code; and
WHEREAS, the City Clerk has filed with this City Council an
affidavit setting forth the time and manner of the compliance
with the requirements of the act for publishing, posting and
mailing of said notices; and
WHEREAS, a Final Engineer*s Report herein Final Report")
has been prepared setting forth the work to be undertaken and
the adjusted assessments, if any; and said Final Report has
been filed with the City Council at the hearing and has been
available for review by the property owners within proposed
Assessment District No. 89-2; and
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^#:& WHEREAS, at the time and place stated in said notices, a
hearing was duly held by this City Council and, during the
course of said hearing, the Final Report was duly presented and
considered, all written protests and objections received, if
any, were duly presented, read, heard and considered and all
persons appearing at said hearing and desiring to be heard in
the matter of said Final Report were heard; a full, fair and
complete hearing has been had; and this City Council is fully
informed in the premises; and
WHEREAS, this City Council has examined and considered the
assessment proposed in said Final Report and the proceedings
prior thereto, and the evidence presented at said hearing; 3nd
WHEREAS, at the request of a substantial number of property
owners within the assessment district, this City Council voted
not to construct the natural gas facilities as shown in the
Final Report;
NOW, THEREFORE, the City Council of the City of La Quinta
DOES HERE*Y RESOLVE, DETERMINE AND ORDER as follows:
SECTION 1. The hearing referred to in the recitals
hereof has been held, and each and every step in the
proceedings prior to and including the hearing has been duly
and regularly taken. This City Council is satisfied with the
correctness of the Final Report, including the assessment and
diagram, the proceedings and all matters relating thereto.
SECTION 2. This City Council finds and determines that
the natural gas facilities shall not be constructed and the
portion of the assessment relating to the cost of constructing
the natural gas facilities shall be deleted from the assessment
roll.
SECTION 3. This City Council finds that the total
amount of the principal sum of all unpaid special assessments
levied against the parcels proposed to be assessed, as computed
pursuant to paragraph 1) of subdivision b) of Section 2960 of
the Streets and Highways Code, plus the principal amount of the
special assessment proposed to be levied in the instant
proceedings, do not exceed one-half of the total value of the
parcels proposed to be assessed, as computed pursuant to
paragraph 2) of subdivision b) of said Section 2960.
SECTION 4. This City Council overrules and denies any
and all protests, objections or appeals made in regard to this
assessment proceeding. This City Council orders the formation
of Assessment District No. 89-2 as described in Resolution
No. 89-56.
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^#:& SECTION 5. This City Council orders the proposed
improvements, excluding the natural gas facilities, to be made
in accordance with said Final Report and these proceedings.
SECTION 6. This City Council determines that the amount
of the assessment shown in said Final Report, excluding the
assessment for the natural gas facilities, i.e., $1,448,850.26
should be confirmed; and said assessment is confirmed and fixed
in the amount of $1,448,850.26.
SECTION 7. This City Council determines that the
amounts to be assessed against the individual parcels shown on
the assessment diagram contained in said Final Report,
excluding the assessment for the natural gas facilities, are
hereby approved and confirmed; and the City Clerk is directed
to endorse the fact and date of such approval on said Final
Report.
SECTION 8. The maximum annual assessment for
administration expenses as set forth in the Final Report is
approved.
SECTION 9. The City Clerk is directed to file and
record said diagram and assessment in the offices of the City
Engineer acting as Superintendent of Streets, and the County
Recorder as required by Sections 3114, 10401 and 10402 of the
California Streets and Highways Code; and the City Clerk shall
record a Notice of Assessment as required by Section 3114 of
said Code.
SECTION 10. The Superintendent of Streets, shall give
notices of the recordation of the assessment, by mail and by
publication, as provided in Sections 10404 and 10600 of said
Code.
ADOPTED, SiGNED AND APPROV t 5 2 d day of June, 1989.
SEAL)
AT't*ST:
**Clerkofthityof
La Quinta
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^#:&STATE OF CALIFORNIA)
55.
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 22nd day of June, 1989, and that it
was so adopted by the following vote:
AYES: Council Members Bohnenberger, Rushworth,
Bosworth, Sniff, Mayor Pena
NOES: None
ABSENT: None
ty Clerk of the *ty of La Quinta
SEAL]
STATE OF CALIFORNIA)
ss.
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. 89-82, of said City Council, and
that the same has not been amended or repealed.
DATED: June 22, 1989.
City Clerk Of*yof** Quinta
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