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HomeMy WebLinkAboutReso 1987-13263 ~21 9/22/8'7 RESOLUTION NO. 13263 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911" WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, pursuant to the provisions of Chapter 27, being Article 2 of Part 3 Of Division 7 Of the Streets and Highways Code of the State of california (the "Improvement Act of 1911"), has autho- rized that certain works of improvement shall be constructed and installed in front of certain privately owned properties in what is known and designated as 1911 BLOCK ACT - PHASE XVII CASH CONTRACT (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time all construction of the works of improvement has been completed pursuant to proceedings under Chapter 27 of the "Improvement Act of 1911", and notice of the final cost of construction, together with the date, time and place for public hearing, has been given in the manner and form as authorized by law; and, W~EREAS, all property owners and/or other interested persons have had an opDortunity to be heard and present testimony as it relates to the method of the construction and/or the manner and apportionment of the final spread of the assessments; and, WH. AS, this legislative body is now satisfied with the final "Report" of the Engineer as submitted, and is ready and desirous to proceed to approve said "Report" and confirm the assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That all protests and objections of any kind as received are hereby overruled and denied. SECTION 3. That all proceedings heretofore conducted pursuant to chapter 27 of the "Improvement Act of 1911" for the construction of certain improvements in the Assessment District have been conducted in the form and manner required by law, and are herewith confirmed and approved. SECTION 4. That the "Report" of the Engineer, as revised, corrected or modified, is herewith approved and confirmed. SECTION 5. That the cost of construction of the works of improvement, including all incidental costs and financing costs, is hereby confirmed and assessed against the parcels of property benefited and fronting upon the improvements so constructed, all as set forth in the "Report" of the Engineer, as submitted, and said "Report" as submitted, is hereby incorporated herein by reference as though fully set forth. ~ECT~ · 6. That all such costs so assessed, if not paid, shall constitute a special assessment against the respective parcels of property involved from the recordation of NOTICE OF LIEN AND ASSESSMENT, which lien shall continue until the assessments and all interest thereon have been paid and totally discharged. ~ECTION 7. That as previously authorized, serial bonds shall be issued in accor- dance with Division 7 of the Streets and Highways Code of the State of California ("Improvement Act of 1911") to represent each assessment of $150.00 or more remaining unpaid for thirty (30) days after the date of the confirmation of the "Report" of the Engineer. The serial bonds shall extend over a period of not to exceed NINE (9) YEARS from the 2nd day of January next succeeding the next September 1st after their date. S~CTION 8. That this legislative body further elects to provide that said bonds, upon redemption, shall provide a premium of five percent (5%) on the unmatured principal, and said language shall be added to the redemption clause in the bond form to require the property owner to pay said premium in order to discharge the obligation of the lien. This legisla- tive body further elects and declares that the first two percent (2%) collected as a delinquency shall be retained as a cost for servicing the delinquency, and the bond shall so delcare that said penalty shall be retained by the Treasurer. SECTION 9. That immediately upon the conclusion Of the public hearing and the confirmation of the "Report", the City clerk shall cause the following notice requirements to be met and accomplished: Ao Mail to each owner of real property within the Assessment District a NOTICE OF ASSESSMENT containing a designation and description of the property, the amount of the assessment, the time and place of payment thereof, and a statement that if assessments are not discharged, bonds shall be issued pursuant to the provisions of the "Improvement Act of 1911" to represent unpaid assessments. B. Publish in the designated newspaper a NOTICE OF ASSESSMENT, said publication being once a week for two (2) successive weeks; said NOTICE indicating the time and place for payment and that bonds will be issued to represent unpaid assessments. C. File in the Office of the County Recorder a certified copy of the assessment diagram in the form and manner as authorized by Section 3114 of the streets and Highways Code of the State of California. SECTION 10. Upon the completion Of the 30-day cash collection period and the filing of the Certificate of Paid and Unpaid Assessments, the City Clerk shall record in the Office of the County Recorder the NOTICE OF LIEN AND ASSESSMENT as authorized by Section 5895.1 and Section 3114 of the Streets and Highways Code of the State of California. ~PPF D and ADOPTED this 22nd day of SeptL 2 1987~ CITY OF CHULA STA STATE OF CALIFORNIA ~IT~'CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA APPROVED and ADOPTED this day of , 1987 MAYOR CITY OF CHULA VISTA STATE OF CALIFORNIA At test: City Clerk Presented by Approved as to form by Joh P. Lip of Ann Moore, Deputy City Attorney Pub s/City Engineer ~TAT' ~F CALIFORNIA OF SAN DIEGO ~ITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 13263 , 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 reMular meeting of said City Council held on the 22nd day of September , 1987, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Moore, Nader, Malcolm, McCandliss, Cox NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None EXECUTED this day of , 1987, at Chula Vista, California. Z~I~Y CLERK CITY OF CMULA VISTA "' "~ STATE OF CALIFORNIA OF Uq Vt A CERTIFICATE OF COMPLIANCE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CNULA VISTA JENNIE M. FULASZ, under penalty of perjury, hereby CERTIFIES that the undersigned is the duly qualified and acting CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA. Acting in my official capacity, I gave notice of the public hearing to be held in connection with a special assessment district known and designated as 1911 BLOCK ACT - PHASE XVII CASH CONTRACT (hereinafter referred to as the "Assessment District") in the following manner: 1. Personal service was made on the property owners on the __ day of , 1987. OR, IN THE ALTERNATIVE, ~ copy of said Notice was mailed, postage prepaid, On the ~ day of ~ , i987, to the person in possession of said property or to the owner thereof at his last known address as the same appears on the last equalized assessment of the County, or as their names and addresses are known to me. A copy of said Notice is attached hereto. 2. A copy of said Notice, printed on a card not less than eight (8) inches by ten (10) inches in size, was posted in a conspicuous place on the property on the ~ day of ~?f~/~P, , 198718/ z~B;~ a~n~,z}-~ ~}sT~ EXECUTED this /XD'C~/ day Of ~ .~ , 1987, at Chula Vista, California. c VISTA X / STATE OF CALIFORNIA ,~NCY: City of Chula Vista PROJECT: 1911 Block Act - Phase XVII Cash Contract TO: City Council, City of Chula Vista ENGINEER'S "REPORT" PURSUANT TO THE PROVISIONS OF CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911", AND SPECIFICALLY SECTION 5882 THEREOF The CITY COUNCIL of the CITY OF CHULA VISTA, STATE OF CALIFORNIA, has initiated proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", commencing with Section 5870 of the Streets and Highways Code of the State of California, for the installation and construction of certain works of improvement, together with appurtenances, in a special assessment district, said assessment district known and designated as 1911 BLOCK ACT - PHASE XVII CASH CONTRACT (hereinafter referred to as the "Assessment District"). WHEREAS, the property owners were noticed in the manner and form as authorized by law, and a public hearing was held and the property owners did not commence the construction within the sixty (60) day period, as authorized and required by law; and, EREAS, the City did then authorize the construction and installation of the .orks of improvement, and upon completion of the construction, the designated Superintendent of Streets has prepared the necessary "Report" setting forth the final costs of construction and installation, including incidental expenses, and a description of all property benefited from the works of improvement and to be assessed therefor; and, WHEREAS, the City also authorized the issuance of serial bonds in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bond shall extend over a period not to exceed NINE (9} YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. Said bonds, upon redemption, shall provide a premium of five percent (5%) on the unmatured principal, and the first two percent (2%) collected as a delinquency shall be retained by the Treasurer as a cost for servicing the delinquency. I, the appointed SUPERINTENDENT OF STREETS, submit herewith the following "Report'* for approval and final confirmation, and do hereby set forth the total costs and expenses of the improvements and assess said costs against the parcels within the boundaries of the Assessment District in direct proportion to the benefits received. The costs to be assessed are set forth as follows: CONSTRUCTION Quantity Unit Description Unit Price Amount LUMP SUM L.S. Excavation & grading $17,004.00 $17,004 160.03 Tons Asphalt concrete paving 73.00 11,682 17 L.F. 6" A.C. berm - Type A 12.00 204 124.52 Tons Processed miscellaneous base 26.00 3,238 1,215.70 L.F. 6" P.C.C. curb & gutter 10.00 12,157 10,909.70 S.F. 4" P.C.C. sidewalk 2.50 27,274 180 S.F. Sidewalk ramp 3.00 540 1,096 S.F. 6" P.C.C. driveway & driveway approach 3.00 3,288 749 L.F. 6-foot chain link fencing 6.50 4,869 LUMP SUM L.S. Traffic control 1,495.00 1,495 LUMP SUM L.S. Extra work (back charges) 986.00 986 TOTAL ~ONTRACT COST $82,737.00 II.INCIDENTAL EXPENSES A. Engineering, inspection, construction staking (staff time from point of inception to April 9, 1987 = $20,312.55 x 1.73 (full cost recovery factor) = $35,140.71 B. Legal services 2,500.00 C. Printing, advertising, recording, publishing (est.) 125.00 D. Relocation of utilities 269.11 TOTAL INCIDENTAL EXPENSES $ 38,034.82 III. TOTAL CONSTRUCTION AND INCIDENTAL EXPENSES $120,771.82 IV. CONTRIBUTION BY CITY $48,822.71 V. BALANCE TO ASSESSMENT $71,949.11 ~ parcels and properties to be assessed are generally set forth as follows: ASsessment Number Parcel Legal Description Amount of Assessment 2 574-410-53 $ 1,176.12 3 612-040-04 924.50 4 619-040-05 That parcel of property 716.00 8 624-060-56 as shown on the assessment 10,265.73 9 624-060-65 diagram as approved 5,028.71 lO 569-351-07 by the City Council, filed 0 ll 569-380-53 in the Office of the City 684.12 12 568-410-52 Clerk and filed in the Office 1,050.62 13 618-061-01 of the County Recorder in 2,314.95 14 618-021-12 Book 21 , Page 38 , Maps 5,149.80 15 620-610-58 of Assessment DisT~TE~s 0 16 620-050-59 22,495.62 17 620-050-60 22,142.94 18 No Number 0 SUMMARY OF TOTAL COST $71,949.11 This "Report" is hereby prepared, submitted and filed with the City Clerk on the ~(~ day of ~u~.u.~ , 1987. SuperiY/nteL~ts ~of Chula Vista State of California I, JENNIE M. FULASZ, as CITY CLERK of the CITY OF CNULA VISTA, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was filed in my office on the ~p~ day of ~~ , 1987. CITY CLERK (~"~ITY OF CHULA VISTA STATE OF CALIFORNIA I, JENNIE M. FULASZ, as CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, do hereby certify that the foregoing Assessment, together with the Diagram attached thereto, was approved and confirmed by the City Council of said city on the ~,~ day of ~~ , 1987. ITY CLERK / CItY OF CHULA VISTA ~TII!TE OF CALIFORNIA WPC 3108E CERTIFICATE OF COMPLIi~d~CE WITH NOTICE RF~UIREMENTS 1911 BLOCK ACT - XVII CASH CONTRACT STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA JENNIE M. FULASZ, under penalty of perjury, CERTIFIES AS FOLLOWS: The undersigned is now, and at all times mentioned herein was, the duly qualified and acting CITY CLERK Of the CITY OF CHULA VISTA, CALIFORNIA, and as such, accomp- lished the notice requirements in connection with the referenced Assessment District, as noted: RECORDATION The original of the "Report" of the Engineer was recorded in the Office of the S' ~intendent of Streets on the ~L~ay ofS~,pT~j'/~/~, 1987. A copy of the ASSESSMENT DIAGRAM was filed in the Office of the County Recorder, in Assessment District Maps Book ~/ , Page(s) ~ , On the ~5~ day of ~r~76~')9_, 1987, as Document No. PUBLICATION (STAR NEWS) The NOTICE OF ASSESSMENT, pursuant to Section 6066 of the Government Code of the State of California, was published once a week for two successive weeks, with at least five days intervening between publications; said publications being POSTING A copy of the AGENDA for the meeting of September 22, 1987, setting forth a general description of the project and the time and location of the meeting, was posted in a location freely accessible to the general public at least 72 hours before the time set for said meeting; said posting being accomplished on the /~ day of ~ , 1987. i ~ ~ WILING The NOTICE OF ASSESSMENT, pursuant to the provisions of Chapter 27 of the "Improve- ment Act of 1911", was mailed, postage prepaid, to each person owning property in the Assessment District at his last known address as it appears on the tax rolls of the City, or on file in the Office of the undersigned, or to both addresses if they are not the same, or when no address appears, the same was mailed to the person addressed to General Delivery, which Notice also designated the property within the Assessment District belonging to each such owner and contained a statement of the o 1 ~ 1987. EXECUTED this ~day of ~ , 1987, at Chula Vista, California. STATE OF CALIFORNIA