HomeMy WebLinkAboutReso 1971-6176RESOLUTION N0. 6176
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING RESOLUTION NOS. 5746 AND 5752 APPROVING
AND ADOPTING PLANS AND SPECIFICATIONS FOR THE IMPROVE-
MENT OF AN ALLEY LYING BETWEEN DEL MAR AND CHURCH
AVENUES AND "E" STREET AND DAVIDSON STREET AND ARIZONA
STREET, EAST OF BROADWAY AND APPROVING THE ASSESSMENT
DISTRICTS DESCRIBED THEREIN, DIRECTING THE CITY CLERK
TO PROCEED WITH THE PUBLICATION OF THE NOTICE TO CON-
TRACTORS FOR THE ACCOMPLISHMENT OF SAID WORK AND
RESCINDING RESOLUTIONS NOS. 6128 AND 6129
The City Council of the City of Chula Vista does hereby
resolve as follows:
WHEREAS, the City Council of the City of Chula Vista has
heretofore adopted Resolution No. 5671 giving notice of intention to
order certain work to be done and improvements to be made under the
provisions of the Improvement Act of 1911 and amendments thereto in
Arizona Street, east of Broadway and Resolution No. 5672 giving notice
of intention to order certain work to be done and improvements to be
made under the provisions of the Improvement Act of 1911 and amendments
thereto in the alley lying between Del Mar and Church Avenues and "E"
Street and Davidson Street, and
WHEREAS, in both of said resolutions it was recited among
other things that the City Council did determine that the public con-
venience and necessity required the improvement described without
further proceedings under the Special Assessment Investigation Limi-
tation and Majority Protest Act of 1931, and
WHEREAS, in reviewing the two projects set forth in the
above resolutions of intention, it has been noted that the respective
maps of the assessment districts were not filed in accordance with the
requirements of Section 3111 of the Streets and Highway Code nor did
the mailed notice, being a copy of the resolution of intention, contain
information as to the estimate of the total cost of the project as
required by Section 5197 of the Streets and Highway Code, and
WHEREAS, it has been determined that such defects are not
jurisdictional in nature and that no property owner failed to receive
appropriate notice and that the estimated cost of the project was
known to the property owners within the assessment district, and
WHEREAS, it is further noted that although the City Council
did specifically determine in said resolutions of intention that the
public convenience and necessity required the improvements, such
recitation of findings of fact were not contained in Resolutions Nos.
5746 and 5752, and
WHEREAS, it is further noted that the notice to contractors
in each of said assessment proceedings was not published twice as
required by Sections 5241, 5062 and 5065 of the Streets and Highway
Code requiring that the notice inviting bids be published twice and
posted once, and
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WHEREAS, it is determined that said irregularities of a
finding of convenience and publication of the notice inviting bids
twice and appropriate posting thereof should be undertaken in order
to cure these irregularities which may directly affect the juris-
diction of the legislative body of the City of Chula Vista to order
the work.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Chula Vista that Resolutions Nos. 5746 and 5752 be, and the
same are hereby amended to add to each of said resolutions the
following declarations.
BE IT FURTHER RESOLVED that the City Council of the City of
Chula Vista does hereby specifically find that the public convenience
and necessity require the improvements as described in the resolutions
of intention and that said may be undertaken without further proceeding
under the Special Assessment Investigation Limitation and Majority
Protest Act of 1931.
BE IT FURTHER RESOLVED that pursuant to Sections 5241, 5062
and 5065 of the Streets and Highway Code that the City Clerk of the
City of Chula Vista be, and she is hereby authorized and directed to
publish twice the notice inviting bids on those assessment projects
contained in each of said resolutions and to post said notice as
required by said Code.
BE IT FURTHER RESOLVED that Resolutions Nos. 6128 and 6129
be,"and the same are hereby rescinded and contracts awarded pursuant
to said resolutions be, and the same are hereby cancelled in the
mutual interests of the parties thereto.
Presented by Approved as to form by
Lane F. Cole, Director of Public George Lindberg, City Attor
Works
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ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, th1S 24th day Of August ~, 1971 , by the
following vote, to-wit:
AYES : Councilmen Scott, Hobel, Hamilton, Hyde
NAYES: Councilmen None
ABSENT : Councilmen Egdahl
Mayor o
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City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO l ss.
CITY OF CHULA VISTA j
IF JENNIE M,: FULASZ~ City Clerk of the City of Chula Vista;,
California,, DO HEREBY CERTIFY that. the above and foregoing is a full
true and correct copy of and that the
same has not been amer:ded or repealed„
DF.TED
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City o~ (~'~1uQa ~U~sta
OFFICE OF THE C.ALIFOR:VIA
CITY ATTORNEY
DATE: August 24, 1971
TO: The Honorable Mayor and City Council of the City
of Chula Vista, John Thomson, City Manager,
Lane F. Cole, Director of Public Works.
FROM: George D. Lindberg, City Attorney
SUBJECT: 1911 Act - Arizona Street and Alley Lying Between
Del Mar and Church Avenues and "E" Street and
Davidson Street
It has been noted that certain irregularities exist in the
proceedings for the improvement of Arizona Street and the
alley lying between Del Mar and Church Avenues and "E" Street
and Davidson Street under the Improvement Act of 1911.
In consultation with bond counsel for the contractor who has
won the award, it has been determined that said irregularities
should be corrected and that Council should return to the
point in the proceedings of publication of the notice inviting
bids and further that the contracts as awarded should be
rescinded.
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Form No. 301
UNANIMOUS CONSENT FORM
IT IS HEREBY REQUESTED by the undersigned that the following
item, with the unanimous consent of the City Council of the City of
Chula Vista, be considered and acted upon by the Council pursuant
to the provisions of Section 1.16 of the Chula Vista City Code.
Resolution - Amending Resolution Nos. 5746 and 5742 and
Rescinding Resolutions Nos. 6128 and 6129
Signature
Unanim s Consent of the City Council, as indicated by the ollowing
signa u s: `
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