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HomeMy WebLinkAboutReso 1987-13165 Revised 7/17/87 RESOLUTION NO. 13165 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE DIAGRAM AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND ORDERING CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1987; AND LEVYING AN ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1987 THROUGH JUNE 30, 1988 FOR CITY OF CHULA VISTA TOWN CENTRE NO. 1 STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1987-88, AND AMENDING ~HE CITY BUDGET IN CONFORMITY THEREWITH The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista, California did in Resolution No. 13042 of said Council, pursuant - to the provisions of the "Landscaping and Lighting Act of 1972" (now Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of the State of California), require the City Engineer of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Chula Vista Town Centre No. 1 Street Lighting and Landscaping Maintenance District No. 1987-88 as contemplated under the provisions of said Act, and WHEREAS, the City Engineer, pursuant to the requirements of said City Council as expressed in Resolution No. 13042, did make and on the 22nd day of June, 1987, file in the office of the City Clerk (who is ex-officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 13042 and as contemplated under the provisions of said Act, and WHEREAS, the said City Council did in Resolution No. 13091 approve said report on the 23rd day of June, 1987, in conformity with the provisions of said Act, and -1- WHEREAS, said City Council did thereafter and on said 23rd day of June, 1987, pass its Resolution of Intention No. 13092 declaring its intention to order certain street lighting fixtures and appurtenances to be maintained and electric current to be furnished for lighting said fixtures, and to order certain landscaping to be maintained for the fiscal year beginning July 1, 1987, and WHEREAS, said City Council did on said 23rd day of June, 1987, in its Resolution No. 13092 fix and designate Tuesday, July 14, 1987, at the hour of 7:00 p.m. of said day as the time for hearing protests in reference to the proposed improvement and assessment, in the Council Chambers, City Hall, City of Chula Vista, California, and WHEREAS, the City Clerk gave notice as required by publishing said resolution of intention, and WHEREAS, at the time and place above stated in said Resolution No. 13092 for hearing protests in reference to the proposed improvement and assessment said Council did proceed to hold and did hold such hearing, and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed improvement and assessment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said Council, and WHEREAS, the City Council was presented with a reduced amount of proposed expenses for supervision and a new spread of assessments at its meeting and continued public hearing on July 21, 1987, and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby grant certain protests and objections to the amount of assessment set forth in said report of said City Engineer dated the 22nd day of June, 1987, and does hereby approve and confirm the assessment proposed for said proposed improvement set forth and referred to in said report as modified by the July 21, 1987 report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part hereof, and said city Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND PLAN NO. 1987-88, Estimate of Costs and Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. -2- SECTION 2. That said Council does hereby order the said contemplated maintenance to be made in accordance with the said PLAN and SPECIFICATIONS therefor, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 13092 shall be and the same is hereby fixed and established as the period commencing on the 1st day of July, 1987, and ending on the 30th day of June, 1988 both dates inclusive, as therein set forth; and said Council does hereby levy the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several parcels of land in the assessment district described in said Resolution of Intention No. 13092 and as fixed and determined by said report, dated June 22, 1987, and the proposed assessment, all as modified by the July 21, 1987 report, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1987 and ending June 30, 1988, both dates inclusive. SECTION 3. That the City Council hereby orders and directs the Finance Director to establish a special fund entitled, "Chula Vista Town Centre No. 1 Street Lighting and Landscaping Maintenance District No. 1987-88 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payments shall be made out of said special Fund only for the purposes provided for in said Part 2, Division 15, Streets and Highways Code of the State of California, as set forth in Chapter 5, Section 22655, of said Code. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of San Diego County, State of California, as contemplated under the provisions of the "Landscaping and Lighting Act of 1972", the Diagram and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assessments shown in said Assessment and to perform the acts and duties as are required by law of and to be performed by the officer, employee, or person so designated. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. SECTION 6. That this resolution shall take effect immediately. -3- BE IT FURTHER RESOLVED that the budget of the City for fiscal year 1987-88 is hereby amended in conformity therewith by reducing the item for Town Centre No. 1 Street Lighting and Landscaping Maintenance District No. 1987-88 from $32,300 to $27,285. Presented by Approved as to form by J hn P. L D. of Richa'r'd Rudol is[%n~ P orks/City Engineer City Attorney 0507a -4- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CnULA VISTA, CALIFORNIA, this 21st day of. July 19 87 , by the following vote, to--wit: AYES: Councilmembers Moore, Nader, Malcolm, McCandliss NAYES: Counci ] members None ABSTAIN: Counci ]members None ABSENT: Counc~ ]membePs cox F'~'~J~or f the City ~fP Chula Vista ATTEST ~ ~ City Clerk 5 ,'E OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY thor the obove and foregoing is 0 full, true ond correct copy of RESOLUTION N0. ]_3165 ,ond that the some hos not been omended or repealed DATED ~ City Clerk CI1Y OF CHULA VISTA CC-660