CC Resolution 1998-105d_V RESOLUTION NO.98-105
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF LA QUINTA CONFIRMING ASSESSMENT IN PROPOSED
ASSESSMENT DISTRICT 97-1 LA QUINTA NORTE), ORDERING THE PROPOSED
IMPROVEMENTS TO BE MADE, AND DESIGNATING THE CITY TREASURER
TO COLLECT AND RECEIVE MONEY
WHEREAS, the City Council of the City of La Quinta by Resolution No.98-61
heretofore adopted by the Council on June 1 6, 1 998, declared its intention to order
the work to be done and the improvements to be made as described in that resolution
in an assessment district to be designated Assessment District No.97-i La Quinta
Norte), as shown and designated on that certain map entitled Proposed Boundaries,
Assessment District No.97-i La Quinta Norte), City of La Quinta on file in the office
of the City Clerk;
WHEREAS, the Council in and by that resolution referred the work, acquisitions
and improvements to Albert A. Webb Associates, as Engineer of Work, and directed
it to make and file with the City Clerk a report in writing; and
WHEREAS, the Engineer of Work duly filed with the City Clerk a report in
writing, including plans and specifications of the proposed improvement, a general
description of works, appliances or property to be acquired, an estimate of the costs
of the improvements and of land, rights of way, easements and incidental expenses
in connection with the improvements, a diagram showing the assessment district and
the boundaries and dimensions of the subdivisions of land within the assessment
district as they were expected at the time the resolution was adopted, a proposed
assessment of the total amount of the costs and expenses of the proposed
improvements upon the several subdivisions of land in the assessment district in
proportion to the estimated benefits to be received by such subdivisions from the
improvements and a proposed maximum annual assessment for administration and
collection of assessments, all in accordance with Sections 1 0203 and 10204 of the
California Streets and Highways Code; and
WHEREAS, the Council, by Resolution No.98-62 heretofore adopted on June
1 6, 1 998, preliminarily approved the Engineer's report and fixed Tuesday, July 7,
1 998, at 7:00 p.m. and Tuesday, September 1 5, 1 998, at 7:00 p.m. in the chambers
of the City Council, City Hall, 78-495 CaIle Tampico, La Quinta, California, as the
times and places for a public meeting and for a public hearing, respectively, for hearing
protests or objections to the proposed acquisitions and improvements, the extent of
the assessment district and the proposed assessment, and provided for notice of the
hearing; and
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d_VResolution No.98-105
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WHEREAS, the City Clerk filed with the Council a declaration setting forth the
time and manner of compliance with the requirements for mailing notices of the
passage of Resolution No.98-62 and of the time and place for the aforementioned
public meeting and public hearing for hearing protests or objections to the proposed
acquisitions and improvements and the Council hereby finds that notice of the passage
of that resolution and of the time and place for hearing protests or objections to the
proposed acquisitions and improvements have been mailed in the time, form and
manner requ?red by law; and
WHEREAS, the public meeting and public hearing were duly held by the Council
at the times and places for the hearing of all objections to the proposed work and
improvements; and
WHEREAS, either no written protests, objections, or votes, measured by
assessment amount as required by law, against the assessment were filed with the
City Clerk at or before the time set for said hearing with respect to the improvements,
or any protests, objections, or votes, measured by assessment amount as required by
law, against the assessment received were less than majority protest and overruled;
and
WHEREAS, the Council immediately thereupon acquired jurisdiction to order the
proposed improvements to be made.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES
FIND, DETERMINE AND RESOLVE AS FOLLOWS:
SECTION 1. The foregoing recitals are true and correct and the Council so finds
and determines.
SECTION 2. The Council hereby confirms the proposed assessment in the
maximum amount of $826,839.00 and declares that the Confirmed Report of the
Engineer including the plans, specifications, description of acquisitions, estimate of the
cost of the improvements, assessments, boundary map and diagram are hereby finally
adopted, accepted, confirmed and approved.
SECTION 3. The Council hereby orders the work, acquisitions and
improvements described in Resolution No.98-61 and in the report to be done and
made.
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SECTION 4. The City Clerk shall transmit to the Superintendent of Streets
Director of Public Works) of the City of La Quinta the diagram and assessment, as
amended and modified, and the Superintendent of Streets is hereby directed to record
the diagram and assessment in his office in a substantial book kept for that purpose
and, in addition, the City Clerk is to record forthwith a Notice of Assessment in the
Office of the Recorder, County of Riverside, and upon the date of such recordation in
the Recorder?s office the assessment shall become a lien upon the lands upon which
it is levied, and upon the date of recordation in the Superintendent of Street?s office,
the assessment shall become due and payable, all pursuant to the Municipal
Improvement Act of 1913.
SECTION 5. The City Treasurer of the City of La Quinta is hereby designated
to collect and receive the money paid pursuant to the assessment during the cash
collection period, in the manner prescribed by law.
SECTION 6. The City Clerk and City Treasurer are hereby directed to give
notice of the improvement by mailing and publishing notice in the manner set forth in
Streets and Highways Code Section 10404 to the owners of the real property within
the assessment district assessed thereby.
PASSED AND ADOPTED by the City Council of the City of La Quinta at a
regular meeting held on the 1 5th day of September, 1 998.
JOHN N?, M
City of La Quinta, California
ATTEST:
UNDRA L. JUHO A, CITY CLERK
City of La Quinta, California
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d_VSTATE OF CALIFORNIA
COUNTY OF RIVERSIDE 55
CITYOFLAQUINTA
I, Saundra L. Juhola, City Clerk of the City of La Quinta, DO HEREBY CERTIFY
that the foregoing Resolution No.98-105 was duly adopted at a regular meeting of the
said City Council held on the 15th day of September, 1 998, by the following roll call
vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mavor Pena
NOES: None
ABSENT: None
ABSTAIN: None
RA L. JU
City of La Quinta, California
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