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HomeMy WebLinkAboutReso 2011-224RESOLUTION NO. 2011-224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CERTIFYING THE RESULTS OF THE PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT TABULATION FOR PROPOSED ASSESSMENT DISTRICT NO. 2010-02 (ELM AVENUE), ORDERING THE FORMATION AND ESTABLISHMENT OF SUCH DISTRICT, THE IMPOSITION OF ASSESSMENTS ON PROPERTIES THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS RELATED THERETO WHEREAS, residential properties along Elm Avenue between Naples Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 27 of the 36 residents of this neighborhood requesting the initiation of proceedings to consider the formation of an assessment district to finance the construction of these improvements; and WHEREAS, on September 20, 2011, the City Council adopted Resolution No. 2011-183 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2010-02 along Elm Avenue, set the time and place for a public hearing, and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista finds as follows: 1. That the Public Heazing for the formation of the Assessment District 2010-02 was properly noticed. 2. That Assessment Ballots, including the Notice of Public Hearing, were provided to all owners within the approved Assessment District Boundary on September 21, 2011. 3. That the Public Heazing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to be heazd. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Heazing, the ballots were counted by an impartial individual. Resolution No. 201 ] -224 Page 2 BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as follows: 1. That the Council hereby receives and approves the Certificate of the Election Official and Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official, identifying the number of votes submitted for and/or against the establishment of the assessment district and properties upon which such assessments shall be placed. A copy of said Certificate and Statement is attached hereto, mazked as Exhibit "A" and by this reference, incorporated herein. 2. That the Council approves the new assessments and apportionment according to the reports submitted. 3. That the Council orders the formation and establishment of Assessment District AD 2010-02 along Elm Avenue. 4. That the Council orders the construction of improvements related thereto. 5. That the Council orders the new assessment role to be recorded with the County Recorder. 6. That the City Clerk is hereby directed to enter in the minutes the results of the election as set forth in said Statement of Votes Cast. Presented by Approved as to form by Resolution No. 2011-224 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of November 2011 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: Castaneda and Ramirz ~ "' ~~ u Cheryl Cox, Mayor 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. 2011-224 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 15th day of November 2011. Executed this 15th day of November 2011. Donna R. Norris, CMC, City Clerk Resolution No. 2011-224 Page 4 CERTIFICATE OF ELECTION OFFICIAL AND STATEMENT OF VOTES CAST STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY, that at the conclusion of the public hearing upon the proposed assessment in accordance with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an impartial individual, did tabulate the ballots submitted and not withdrawn, in accordance with the provisions of subdivision (e) of Section 53753 of the Govermnent Code at the hearing on CITY OF CHULA VISTA ELM AVENUE ASSESSMENT DISTRICT NO. 2010-02 in said City, held November 15, 2011. I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of votes cast for the formation and establishment of said district and the imposition of assessments on the properties therein and the totals therefore as shown below aze full, true, and correct. VOTES CAST YES 15 NO 4 t WITNESS of my hand and Official Seal this ~~ S day of J~ c tie»tih~ , 20 I /~lG'~~.u~ >~ J-~~~.4 Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA