HomeMy WebLinkAboutReso 2011-205RESOLUTION NO. 2011-205
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE DEFERRAL OF
ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST
AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM
FINANCING PERIOD OF TEN YEARS; AND APPLYING
SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL
DEFERRALS FOR OXFORD STREET ASSESSMENT
DISTRICT 2009-01
WHEREAS, pursuant to Resolution No. 2009-108, adopted on May 12, 2009, the City
Council accepted a petition requesting the formation of an Assessment District for Oxford Street
(Third Avenue to Alpine Avenue) for the purpose of financing the construction of sidewalk
improvements; and
WHEREAS, on November 17, 2009, Council adopted Resolution No. 2009-272 and
approved the Preliminary Engineer's Report, adopted a map showing the proposed boundazies
for Assessment District No. 2009-01 (Oxford Street), set the time and place for a public hearing,
and ordered the initiation of Assessment Ballot proceedings; and
WHEREAS, on November 18, 2009, ballots and ballot materials were mailed to property
owners, and owners were informed that the ballots needed to be received by the City Clerk's
office prior to 4:00 p.m. on January O5, 2010; and
WHEREAS, on January 5, 2010, a public hearing was held, and the ballots remained
sealed; and
WHEREAS, there was no public testimony, so the hearing was closed and ballots were
tabulated; and
WHEREAS, since more than fifty percent (50%) of the property owners voted in favor of
the proposed assessment, City Council certified the results of the public hearing and assessment
district ballot tabulation, ordered the construction of the improvements, and ordered a Final
Assessment Engineer's Report to be prepared pursuant to Resolution No. 2010-004, adopted on
January 5, 2010; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding
process for the construction of the improvements and awazded a contract in the amount of
$1,141,264.00 to the low bidder, PAL General Engineering, Inc., pursuant to Resolution No.
2010-073 on April 13, 2010; and
WHEREAS, the construction of the improvements is complete; and
Resolution No. 2011-205
Page 2
WHEREAS, of the total construction costs, only the costs of the concrete driveways and
private improvement relocation are to be assessed to the property owners; and
WHEREAS, not all the assessments have been fully paid, and the City can collect the
unpaid balance over a maximum period of ten yeazs, together with interest on the unpaid
principal at a rate not to exceed seven percent per year (7%); and
WHEREAS, City staff proposes to chazge five percent interest (5%) for a period of ten
yeazs on the unpaid balances of the assessments.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista
that it accepts the deferral of the assessments; establishes the rate of interest at five percent (5%)
per yeaz, with a maximum financing period of ten yeazs; and applies such interest rate and
deferral period to all deferrals for Oxford Street Assessment District 2009-01.
Presented by
Richaz A. H kins
Director of Public Works
Approved as to form by
x
len R\Googin
City Att rney
Resolution No. 2011-205
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of October 2011 by the following vote:
AYES: Councilmembers: Aguilar, Bensoussan and Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: Castaneda and Ramirez
~~ r ~
Cheryl Cox, M or
ATTEST:
Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2011-205 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 25th day of October 2011.
Executed this 25th day of October 2011.
Donna R. Norris, CMC, City Clerk