HomeMy WebLinkAboutReso 1975-7699RESOLUTION NO, 7699
RESOLUTION OF THE CITY COUIICIL OF TFIE CITY OF CHULA
VISTA GIVIZIG NOTICE OF INTENTION AP1D ORDERITTG CERTAIPd
~dORK TO BE DONE AND IIIPROVEP~IENTS TO BE R1ADE UNDER
THE PROVISIONS OF THE IPIPROVEP'IEr7T 7~.CT OF 1911 AND
AP'IENDI~IENTS THERETO IN THE ROSEBANK AP.EA FROP~I "E"
STREET TO THE T10RTHERLY CITY BOU2JDAP.Y ArTD BETWEEN
MINOT AVENtTE AND HILLTOP DRIVE
The City Council of the City of Chula Vista does hereby
resolve as follows:
6dHEREAS, the City Council has heretofore by Resolution ^10.
7262, adopted on April 2, 1974, accepted the petitions and directed
the Director of Public Works to prepare plans, drawings and specifi-
cations for work consisting of construction of sanitary sewer lines,
manholes and appurtenances in the Rosebank area north of "E" Street
between r~inot Avenue and Hilltop Drive, and
6JHEREAS, the Director of Public 4lor}:s has accomplished
said work, including preparation of plats showing the external
boundaries of the Assessment District for the accomplishment of
said work.
D10W, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista proposes and intends to order the following
work to be done and irmprover:~ents to be rlade in said City, under t}ie
provisions of the Irlprovement Act of 1911 and amendments thereto,
and that the alternate procedures authorized by Article :III,
Section 17 of the California Constitution shall be followed in lieu
of the procedures of the Special Assessr~zent Investigation Limita-
tion and Majority Protest Act of 1931, such wor}; being more par-
ticularly described as follovrs:
Section 1. DESCRTPTTON OF VTORK
A. Sewer lines
B. Manholes
C. Sewer appurtenances
as provided in Resolution No.
Section 2. PLANS, PROFILES, DRAT°JINGS ADTD SPECIFICATIONS
All of the work hereinbefore generally described shall
be constructed in the manner, at the locations, within the lirlits,
of the rlaterials, of the dimensions, and to the official grades as
shown upon and in accordance with the plans, profiles, drawing,
typical cross-sections and specifications therefor contained in
Drawings No. 75-48D throug}i 75-53D on file in the Office of the
Director of Public V7orks.
Section 3. DESCRIFTIOrd OF ASSESSMENT DISTRICT
T}ie contemplated work and improvement hereinabove mentioned
is, in the opinion of the Council, of more than local ordinary public
benefit, and the expenses of such work and improvement are made
chargeable upon the district hereinafter described, and the Council
does declare said district to be the district benefited by the work
and improvement, and to be assessed to pay the costs and expenses
thereof. The district is described as shown on the map of the
proposed boundaries of 1911 Act Assessment District No. 75-1,
Rosebank Sewer District.
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Section 4. ESTIAZP_TED TOTAL COSTS
The estimated total cost and expense of said improvements
is $138,567. DIo contribution of work or labor, materials, supplies
or equipment has been, or is to be made by any local, state or
national agencies or authorities.
Section 5. DESCRIPTIOTl OF BONDS
Serial bonds bearing interest at the rate of seven percent
(7%) per annum shall be issued to represent each unpaid assessment
of fifty dollars ($50.00) or more, to represent the expenses of the
acquisition, work and improvements, all as provided by the Improve-
ment Act of 1911, being Part 5, Division 7 of the Streets and High-
ways Code. The bonds shall extend over a period ending nine (9)
years from the second day of January next succeeding the next Sep-
terlber first following their date. ,Payments on the principal of
the unpaid assessment and interest thereof shall be made by property
owners to the Director of Finance of the City of Chula Vista, and
the sarne shall be disbursed by said Director of Finance, all as
provided in the Improvement Act of 1911 hereinabove referred to.
If said bonds are redeemed before maturity and before commencement
of proceedings for sale, in addition to all other sums unpaid and
accrued a premium of five percent (5%) of the unmatured principal
shall be paid.
Section 6. TIME AND PLACE OF HEARII`dG
Tv'OTICE IS HEREBY GIVEN that Tuesday, the 13th day of Play,
1975, at the hour of 7:30 p.m. in the Council Chambers of the City
of Chula Vista at 276 Fourth Avenue in said City is the day, hour
and place for the hearing when any person interested r.~ay object
to the City Council's determination that the public convenience and
necessity require the improvement described in this Resolution of
Intention without further proceedings under the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931, all as
authorized by Article XIII, Section 17 of the California Constitu-
tion; and as the tirne and place for the hearing when and where
any and all persons having any objections or protests to the pro-
posed work or improvement, to the grades at ~-~hich the work is to
be done, or to the extent of the district to be assessed, may
appear and show cause why the proposed improvement should not be
carried out in accordance with this Resolution of Intention; failure
to rlal:e objections at that time shall be deemed to be a waiver of
all objections and shall operate as a bar for any claim for damages.
Such protest, if any, must be in writing and must contain
a description of the property in which each signer thereof is in-
terested, sufficient to identify the same and shall be delivered to
and filed with the City Clerk at a time no later than the hour set
for the hearing, all as more particularly provided in Division 7 of
the Streets and Highways Code of the State of California.
Section 7. IMPROVEP'IEr1T ACT
All of the work herein proposed shall be done in pursuance
of an act of the Legislature of the State of California desicJnated
as the Improvement Act of 1911, and amendments thereto, being
Division 7 of the Streets and Highways Code of the State of Cali-
fornia.
Section 8. PUBLICATION OF RESOLUTIOPd OF INTENTION
The City Clerk is directed to cause this Resolution of
Intention to be published twice. The first publication shall be
made not later than May 1, 1975 in the Chula Vista Star News, a
newspaper of general circulation. Further, the City Clerk is
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directed to mail notices of the adoption of this Resolution of
Intention, postage prepaid, to all persons owning real property
proposed to be assessed, whose names and addresses appear. on the
last equalized County Assessment Roll, all in the manner and form
provided for under California streets and Highways Code, Section
5070, 5194 and 5195.
Section 9. POSTII`1G OF NOTICE OF IPZPROVEP~IEl`IT
The Director of Public Works shall cause to be conspic-
uously posted along the line of the contemplated work or improve-
ment and along all upen streets within the district liable to be
assessed for the work, notices of the passage of this Resolution
of Intention in time, form and manner provided by the Streets and
Highways Code.
Presented by
w ;,,- ~, ,.s.
~•Iilliari J?~fto erns, Director of
Public Works
Approved as to form by
George Lin berg, City Attor ey
ADOPTED ArdD APPROVED by the CITY COUNCIL of the CITY OF CIIULA
VISTA, CALIFORNIA, this 8th day of April , 197, by
the following vote, to-c~it:
AYES: Councilmen Scott, Hobel, Hamilton, Hyde, Egdahl
NAYES: Councilmen None
ABSENT: Councilmen None
Mayor of t e City of Chula Vista
ATTES ~.~ "
~' City lerk
,~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, City Clerk of the City of
Chula Vista, Cali ornla, DO HEREBY CERTIFY that the above is a full,
true and correct copy of P,esolution No. and that the same has
not been amended or repealed. DATED
City Cler•.
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AFFIDAVIT OFD, I~10TICE BY POSTING OF NOTICE OF I=MPROVEMENT,
ROSEi3AI~~I~ ~~;`;JL;I-I
STATE OF CALIFORI~IIA
COUNTY OF SAN DIEGO
I JAMES HOLMES, BEI~1G FIRST DULY SWORN DEPOSE AND SAY:
1. I APf OVER THE AGE OF EIGHTEEN YEARS AND A
RESIDEIIT OF SAN DIEGO COUNTY, STATE OF
CALIFORNIA.
2. ON ~~9~%~- ~®~ 1975, I POSTED A TRUE COPY
OF THE FOREGOING NOTICE OF IMPROVEMENT IN
THE FOLLOWING PUBLIC PLACES IN THE CITY OF
CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF
CALIFOR?~?IA, TO ,^1IT ;
WITHIN 1911 ACT ASSESSMENT DISTRICT 75-1
ALONG THE LINE OF THE CONTEMPLATED WORK,
AT NOT MORE THAN 300 FEET IN DISTAI'1CE APART
BUT NOT LESS THAN 3 NOTICES.
DATED
SUf3SCI;IBED Ai~lD SWORi~I `1'0 before me
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