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CC Resolution 1993-053^#E ii RESOLUTION NO. 93-* RESOLUTION OF THE CITY COUNCIL OF THE CIT* OF LA Qt)INTA MAKING DETERMINATIONS, CONFIRMING ASSESSMENTS AND PROCEEDINGS, AND ORDERING PROPOSED IMPROVEMENTS IN THE MATTER OF Assessment * WHEREAS, this City Council has by its Resolution No. 92-56 declared its intention to order the construction of certain improvements, appurtenances, and appurtenant work, and to form Assessment District No. 92-1 under the provisions of the Municipal Improvement Act of 1913, i.e., Division 12 of the California Streets and Highways Code herein the Act"); and WHEREAS, by Resolution No. 92-58, 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. 92-58, this City Council fixed June 29, 1992, at the hour of 7:00 o*clock p.m. at the Multi-Purpose Room of the La Quinta Middle School, 78-900 Avenue 50, 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. 92-56, 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 hearing held on June 29, 1992 was adjourned to January 11, 1993 and adjourned again to May 11, 1993; 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, the City Council desired to consider a modification of the original boundaries of proposed Assessment District 92-1; and BIB] 08-17-1998-U01 11:02:58AM-U01 ADMIN-U01 CCRES-U02 93-U02 53-U02 ^#E ILl I I WHEREAS, a Final Engineer's Report herein Final Report") has been prepared setting forth the work to be undertaken and the adjusted boundaries and the adjusted assessments, 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. 92-1; and WHEREAS, at the time and place stated in said notices, a hearing as 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 full1 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; 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. *ECTION2. The City Council finds that the modified boundaries of Assessment District No. 92-1 are approved and that the property within Assessment District No. 92-1 will be benefited by the improvements. SECTION*. 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 2961 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 2961. 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. 92-1 as described in Resoluticn No. 92-56, as modified by this City Council and as described on the revised boundary map of Assessment District No. 92-1 06/28/93 1118Q/2588/31 2- BIB] 08-17-1998-U01 11:02:58AM-U01 ADMIN-U01 CCRES-U02 93-U02 53-U02 ^#E Resolution No. 93-53 * presented to the City Council. The City Clerk is directed to file the revised boundary map in the office of the County Recorder, County of Riverside. SECTION 5. This City Council orders the proposed improvements 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, i.e., * should be confirmed; and said assessment is confirmed and fixed in the amovnt of $2,259,843.35. 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 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 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 9. The Superintendent of Streets, shall give notices of the recordation of the assessment, as provided in Sections 10404 and 10600 of said Code. ADOPTED1 SIGNED AND APPROVED this 2;; day of June, 1993. SEAL) AT E T: ty Clerk of th City of La Quinta 06/28/93 1118Q/2588/31 3- BIB] 08-17-1998-U01 11:02:58AM-U01 ADMIN-U01 CCRES-U02 93-U02 53-U02 ^#E Li 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 29th day of June, 1993, and that it was so adopted by the following vote: AYES: Council Members Mccartney, Perkins & Sniff NOES: None ABSENT: Council Me b r Bangerte & Mayor Pena SEAL] STATE OF CALIFORNIA) SB. 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. 93-*, of said City Council1 and that the same has not been amended or repealed. DATED: June 29, 19 3 ty Clerk of the ity of La Quinta 06/28/93 11lBQ/2588/31 4- BIB] 08-17-1998-U01 11:02:58AM-U01 ADMIN-U01 CCRES-U02 93-U02 53-U02