CC Resolution 1998-062^ T RESOLUTION NO.98-62
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.97-i LA QUINTA NORTE)
WHEREAS, the City Council of the City of La Quinta by Resolution No.98-61
heretofore adopted by the City Council on June 1 6, 1 998, declared its intention to
make the improvements in Assessment District No. 97-1 La Quinta Norte) 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 1 0204 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 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.
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^ TResolution No.98-62
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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 7th of July, 1 998, 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 CaIle 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 15th of September, 1998 at 7:00 pm., 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 1913, 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.
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
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*esoIution No.98-62
Adopted June 16 1998
Page 3
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.
IF A WRITTEN PROTEST IS FILED BY OWNERS OF MORE THAN ONE-
HALF OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER
PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR,
UNLESS THE PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE
OF 4/S'S OF THE MEMBERS OF THE LEGISLATIVE BODY, FINDING
THAT THE PUBLIC HEALTH AND SAFETY REQUIRE THE
IMPROVEMENTS.
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 92263
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE
SUFFICIENT IF NOT RECEIVED THEREBY.
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. A MAJORITY
PROTEST EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC
HEARING, BALLOTS SUBMITTED IN OPPOSITION TO THE
ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT EXCEED THE
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Resolution No.98-62
Adopted June 16, 1998
Page 4
BALLOTS SUBMITTED IN FAVOR OF SUCH ASSESSMENTS. 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 AND ADOPTED by the City Council of the City of La Quinta at a
regular meeting held on the 1 6th day of June, 1 998 by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena
NOES: None
ABSENT: None
ABSTAIN: None
City of La Quinta, California
A TE T:
AUNDRA L. JU LA, City Clerk
City of La Quinta, California
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^ T Resolution No.98-62
Adopted June16, 1998
P*ge 5
APPROVED AS TO FORM:
*
DAWN C. HONEYWELL, City Attorney
City of La Quinta, California
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^ T i:.
Resolution No. 9B-62
Adopted June16, 1*98
Page 6
STATE OF CALiFORNIA
COUNTY OF RIVERSIDE SS
I, SAUNDRA L. JUHOLA, City Clerk of the City of La Quinta, DO HEREBY
CERTIFY that the foregoing Resolution No. 98-62 was duly adopted at a regular
meeting of the said City Council held on the 16th day of June, 1 998.
SAUNDRA L. JUHOLA, City Clerk
City of La Quinta, California
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