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CC Resolution 1997-034^Oc RESOLUTION NO.97-34 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 proceeding pursuant to provisions of the Landscape and Lighting Act of 1 972, being Part 2 of Division 1 5 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 No.89-i", 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 proposed La Quinta Landscape and Lighting Assessment District No.89-i for the Fiscal Year commencing July 1, 1 997 and ending June 30, 1 998 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 proposed La Quinta Landscape and Lighting Assessment District No.89-i and the City Council did by previous Resolution approve such report. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LA QUINTA DOES HEREBY FIND, DETERMINE. RESOLVE AND ORDER AS FOLLOWS: Section 1. The City Council of the City of La Quinta hereinafter referred to as the City Council") has previously formed Landscape and Lighting District No.89- 1 pursuant to the provisions of the Landscaping and Lighting Act of 1 972, being Part 2 of Division 1 5 of the California Streets and Highways Code, commencing with Section 225500 hereinafter referred to as the Act"). BIB] 09-02-1998-U01 03:51:52PM-U01 ADMIN-U01 CCRES-U02 97-U02 34-U02 ^Oc*esoIution No. 97-34 Page 2 Section 2. The City Council hereby finds: 1) that the maintenance and operation of projects identified in the Preliminary Engineer's report for this District No. 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, and 2) that the public interest requires, and 3) declares its intention to levy and collect assessments for the fiscal year commencing July 1, 1 997 and ending June 30, 1 998 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. SectionS. Notice is hereby given that the 3rd day of June 1 997, 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 proposed increased assessment. Section 6. Notice is hereby given that the 1 7th day of June 1 997, 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 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. BIB] 09-02-1998-U01 03:51:52PM-U01 ADMIN-U01 CCRES-U02 97-U02 34-U02 ^Oc Resolution No.97-34 Page 3 PASSED, APPROVED and ADOPTED this 6th day of May, 1 997 by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None GLENDA L. HOLT, Mayor City of La Quinta, California ATTE T: AUNDRA L. J OLA, City Clerk City of La Quinta, California APPROVED AS TO FORM: DAWN C. H ONEYWE*, City Attorney City of La Quinta, California BIB] 09-02-1998-U01 03:51:52PM-U01 ADMIN-U01 CCRES-U02 97-U02 34-U02