HomeMy WebLinkAboutReso 1988-13447 RESOLUTION NO. 13447
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA, CALIFORNIA,
ORDERING CHANGES AND MODIFICATIONS IN
PROCEEDINGS AND ASSESSMENTS IN A SPECIAL
ASSESSMENT DISTRICT PURSUANT TO THE
"MUNICIPAL IMPROVEMENT ACT OF 1913"
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously
adopted its Resolution of Intention and confirmed an assessment for certain works of
improvement in a special assessment district, pursuant to the terms and provisions
of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California; said special assessment district known and
designated as ASSESSMENT DISTRICT NO. 85-1 (LAS FLORES DRIVE) (hereinafter referred
to as the "Assessment District"); and,
WHEREAS, subsequent to the confirmation of the assessment and after the improvements
were ordered, but during the pendency of these proceedings, it appears to be in the
best public interest to order certain changes and modifications to the proceedings,
the Engineer's "Report", and certain individual assessments.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
;ECTION 2. That it is hereby ordered that the changes be made as set forth in the
attached Exhibit "A", and the assessment roll shall be modified and
amended to reflect the modifications as set forth in said Exhibit "A",
and the Engineer is directed to proceed to so modify the Engineer's
"Report", assessment roll and diagram where appropriate.
SECTION 3. That said changes and modifications are hereby ordered pursuant to the
provisions of Section 10352 of the Streets and Highways Code and said
changes and modifications will not result in the increase in any indivi-
dual assessment or result in the inclusion of any properties not origi-
nally within the boundaries of the Assessment District.
SECTION 4. That said changes and modifications, as so ordered, are to the best
interests of the property owners within the boundaries of the Assessment
District and the assessment roll and Engineer's "Report", as modified,
shall now stand as the "Report" for all subsequent proceedings relating
to this Assessment District.
SECTION 5. That no public hearing is required for these changes and modifications
inasmuch as said modifications meet the intent and requirements of said
Section 10352 of the Streets and Highways Code, and it is further hereby
determined that said changes and modifications are in the best public
interest and convenience for the Assessment District and the property
owners affected thereby.
~SECTION 6. That said changes and modifications will cause a reduction in certain
.assessments as set forth in the previously referenced Exhibit "A". Inas-
much as said changes shall eliminate certain works of improvement and/or
reduce the estimated benefits to be received from the improvements for
certain properties within the Assessment District, it is hereby ordered
that the credits, as set forth in said Exhibit "A", shall be applied on
the individual assessments in the manner provided in Section 10427.1 of
the Streets and Highways Code of the State of California.
SECTION 7. Said monies, as appropriate, shall be transferred from the Improvement
Fund to the Redemption Fund to provide the appropriate credits as herein
ordered.
APPROVED and ADOPTED this 9th day of February 1988.
MAyOC~HUL~ '~ ~
CITY OF CHUL VISTA
STATE OF CALIFORNIA
A~~,~
CLERK
~ITY OF CHULA VISTA
STATE OF CALIFORNIA
Presented by Approved as to form by
-\
.~STATE OF CALIFORNIA
~OUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, JENNIE FULASZ, CITY CLERK Of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY
CERTIFY that the foregoing Resolution, being Resolution No. 13447 , was duly
passed, approved and adopted by the City Council, approved and signed by the Mayor,
and attested by the City Clerk, all at the regular meeting of said City Council
held on the 9th day of February 1988, and that the same was
passed and adopted by the following vote:
AYES: COUNCIL MEMBERS Cox, McCandliss, Nader, Moore
NOES: COUNCIL MEMBERS None
ABSENT: COUNCIL MEMBERS Malcolm
ABSTAIN: COUNCIL MEMBERS None
EXECUTED this 10th day of February 1988, at Chula Vista, California.
STATE OF CALIFORNIA
CI'iY OF
CHULA VISTA
CITY OF CHULA VISTA
ASSESSMENT DISTRICT NO. 85-1
(LAS FLORES DRIVE)
EXHIBIT "A"
It is hereby ordered that the following changes and modifications be made to the
following listed and described assessments:
ASSESSMENT PROPERTY CONFIRMED
NUMBER DESCRIPTION ASSESSMENT REDUCTION BALANCE
29 PARCEL 2, $33,610.00 $2,456.00 $31,154.00
PARCEL MAP #5711
30 PARCEL 3, $35,310.00 $2,582.00 $32,728.00
PARCEL MAP #5711
The above-referenced changes and modifications are ordered to correctly reflect the
benefits received by the above parcels from the works of improvement constructed
_-~within the above-referenced Assessment District. Said reduction includes a deletion
~f costs and expenses for a sewer lateral, and further adjustments and reductions
to correctly reflect benefit to the parcel from all drainage and sewer main
construction.
~ BROWN ~ DIVEN
WA~EN B. DIVEN ItANCHO SANTA FE, CALIFORNIA g20G7 O~AN6~ ~714} 551'1gl5
January 28, 1988
John Lippitt, City Engineer
City of Chula Vista
P. O. Box 1087
Chula Vista, CA 92012
RE: ASSESSMENT DISTRICT NO. 85-1
(LAS FLORES DRIVE)
Dear John:
Enclosed herein please find RESOLUTION ORDERING CHANGES AND MODIFICATIONS which will
cause the reduction in two assessments, ioe., Assessment No. 29 and Assessment No.
30. Upon the adoption of the Resolution, the Assessment Engineer should be
contacted to generally accomplish the following:
[. Indicate the modification in the two assessments by modifying the final
Engineer ' s "Report" to include the following designation: "MODIFIED AFTER
CONFIRMATION". This column will then set forth these two new assessments and
their modifications. All subsequent debt service schedules should now be
prepared and based upon the modified and reduced assessment.
2. The amount being credited, i.e., $6,140.00, should at this time be transferred
from the contingency Improvement Fund to the Redemption Fund, and thus be made
available for debt service payments on the bonds. These monies should obviously
be reinvested so that interest earnings can accrue to the Fund to help assist in
making the total payment on the bonds.
Upon your review, please feel free to call so we can further discuss this process as
it rel~ates to (a) the modification of the assessments and (b) continual servicing of
the bTnds.
//V e r ./t PU 1
F. MACKENZIE BROWN
FMB: bd
encl.
cc: Lyman Christopher, Finance Director