CC Resolution 2012-011RESOLUTION NO. 2012 -011
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION
TO LEVY THE ANNUAL ASSESSMENTS FOR
CONSTRUCTION, MAINTENANCE, AND SERVICING
LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN
THE BOUNDARIES OF THE TERRITORY INCLUDED IN
THE CITYWIDE LANDSCAPE AND LIGHTING
ASSESSMENT DISTRICT 89 -1 AND TO LEVY AND
COLLECT ASSESSMENTS PURSUANT TO THE
LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING
NOTICE THEREOF
WHEREAS, the City Council, by its Resolution No. 89 -9, initiated
proceedings pursuant to provisions of the Landscape and Lighting Act of 1972,
being Part 2 of Division 15 of the California Streets and Highways Code,
commencing with Section 22500 (hereinafter referred to as "the Act "), for the
formation of a Landscape and Lighting Assessment District designated "La Quinta
Landscape and Lighting Assessment District 89 -1," shall include all of the territory
located within the boundaries of the City; and
WHEREAS, the City Council desires to levy and collect assessments within
Landscape and Lighting Assessment District 89 -1 for the Fiscal Year commencing
July 1, 2012 and ending June 30, 2013 to pay the costs and expenses of
constructing, operating, maintaining, and servicing landscaping, lighting and
appurtenant facilities located within public places in the City; and
WHEREAS, the Engineer selected by the City Council has prepared and filed
with the City Clerk of the City of La Quinta and the City Clerk has presented to the
City Council a report in connection with the Landscape and Lighting Assessment
District 89 -1 and the City Council did by previous Resolution approve such report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of La
Quinta, California, as follows:
SECTION 1. The City Council has previously formed Landscape and Lighting
Assessment District 89 -1 pursuant to the provisions of the Landscaping and
Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and
Highways Code, commencing with Section 22500.
SECTION 2 . The City Council hereby finds that the maintenance and operation of
projects identified in the Preliminary Engineer's Report for Landscape and Lighting
Resolution No. 2012 -011
Levy Assessment AD 89-1.
Adopted: April 17, 2012
Page 2
Assessment District 89 -1 consisting solely of exempt items of sidewalks, streets,
sewers, water, flood control, and /or drainage pursuant to Article 13D Section 5(a)
of the California Constitution, that the public interest requires the maintenance of
the improvements, and declares its intention to levy and collect assessments for
the fiscal year commencing July 1, 2012 and ending June 30, 2013 to pay for the
costs and expenses of the improvements described in Section 4 hereof.
SECTION 3. The territory included within the boundaries of the Assessment
District includes all of the land included within the boundaries of the City.
SECTION 4. Reference is hereby made to the report of the Engineer on file with
the City Clerk of the City of La Quinta for a full and fair description of the
improvements, the boundaries of the Assessment District and any zones therein
and the proposed assessments upon assessable lots and parcels of land within the
Assessment District.
SECTION 5. Notice is hereby given that May 15, 2012 at 7:00 p.m. at the City
Council Chambers, 78 -495 Calle Tampico, La Quinta, California, 92253, is the time
and place fixed for a Public Meeting by the City Council to allow public testimony
regarding the assessment.
SECTION 6. Notice is hereby given that May 15, 2012, at 7:00 p.m. at the City
Council Chambers, 78 -495 Calle Tampico, La Quinta, California, 92253, is the time
and place fixed for a Public Hearing by the City Council on the question of the levy
of the proposed assessment for Landscape and Lighting Assessment District 89 -1.
Any interested person may file a written protest with the City Clerk prior to the
conclusion of the hearing, or, withdrawal of the protest. A written protest shall
state all grounds of objections and a protest by a property owner shall contain a
description sufficient to identify the property owned by such property owner. At
the hearing, all interested persons shall be afforded the opportunity to hear and be
heard.
SECTION 7. The City Clerk is hereby authorized and directed to give notice of
such hearings as provided in the Act.
SECTION 8. The City Council hereby designates The Desert Sun as the newspaper
in which notice of the Public Hearing shall be published.
Resolution No. 2012 -011
Levy Assessment AD 89 -1
Adopted: April 17, 2012
Page 3
PASSED, APPROVED and ADOPTED at a regular meeting of the La Quints
City Council held on this 17' day of April 2012, by the following vote:
AYES: Council Members Evans, Franklin, Henderson, Osborne
NOES: None
ABSENT: Mayor Adolph
ABSTAIN: None
� I �4
TERRY DERSON, Mayor Pro Tem
City of L Quints, California
ATTEST:
t�tg�
SUSAN MAYSELS, In rim City Clerk
City of La Quinta, California
(City Seal
APPROVED AS TO FORM:
K T RINE JE06N, City Attorney
City of La Quinta, California