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Home My WebLink AboutReso 1970-5672RESOLUTION NO. 5672 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, 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 AVENUE AND "E" STREET AND DAVIDSON STREET The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore adopted Resolution No. 5199, on the 27th day of May, 1969 directing the Director of Public Works to prepare plans, drawings and specifications for work in the improvement of the public right-of-way in the alley lying between Del Mar and Church Avenue and "E" Street and Davidson Street, and WHEREAS, the Director of Public Works has accomplished said work, including preparation of a plat showing the external boundaries of the assessment district for the accomplishment of said work. NOW, 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 improvements to be made in said City, under the pro- visions of the Improvement Act of 1911 and amendments thereto, and that the alternate procedures authorized by Article XIII, Section 17 of the California Constitution shall be followed in lieu of the procedures of the Special Assessment Investigation Limitation and Majority Protest Act of 1931, such work being more particularly described as follows: Section 1. DESCRIPTION OF WORK The construction of a Portland cement concrete alley, twenty feet (20') in width and all appurtenant work. Section 2. PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS All of the work hereinbefore generally described shall be constructed in the manner, at the locations, within the limits, of the materials, of the dimensions, and to the official grades as shown upon and in accordance with the plans, profiles, drawings, typical cross-sections and specifications therefor contained in Drawings No. 70-27D and 70-28D on file in the Office of the Director of Public Works, and by this reference thereto all said plans, profiles, drawings, typical cross-sections and specifications are made a part hereof . Section 3. DESCRIPTION OF ASSESSMENT DISTRICT The contemplated work and improvement hereinbefore 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 follows, to-wit: All that real property in said City of Chula Vista included within the exterior boundary lines of said District, as shown upon Plat No. 70-1, which plat, to be approved by the Council, is on file in the Office of the City Clerk, excepting therefrom all public streets, roads, alleys, avenues and highways. Reference is hereby made to the plat for a further full and more particular description of the assessment district and the plat so on file shall govern for all details as to the extent of the assessment district. -1- Section 4. DESCRIPTION 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 improvement, all as provided by the Improvement Act of 1911, being Part 5, Division 7 of the Streets and Highways Code. The bonds shall extend over a period ending ten (10) years from the second day of January next succeeding the next September 1st following their date. Payments on the principal of the unpaid assessments and interest thereof shall be made by property owners to the Finance Officer of the City of Chula Vista, and the same shall be disbursed by said Finance Officer, all as provided in the Improve- ment 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 per- sent (5~) of the unmatured principal shall be paid. Section 5. TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, the 7th day of July, 1970, at the hour of 7:00 p.m. in the Council Chamber of the City of Chula Vista at 276 Guava Avenue in said City is the day, hour and place for the hearing when any person interested may 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 Constitution; and as the time and place for the hearing when and where any and all persons having any objections or protests to the proposed work or improvement, to the grades at which 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 make 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 interested, 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 6. IMPROVEMENT ACT All of the work herein proposed shall be done in pursuance of an act of the legislature of the State of California designated as the Improvement Act of 1911, and amendments thereto, being Division 7 of the Streets and Highways Code of the State of California. Section 7. PUBLICATION OF RESOLUTION OF INTENTION The City Clerk is directed to cause this Resolution of Intention to be published twice at least ten days before the date of the hearing in the Chula Vista Star News, a newspaper of general circulation. Further, the City Clerk is 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, Sections 5070, 5194 and 5195. -2- .~' ~~~a. Section ° , FOSZ'ING OF NOTICE CF ItiPROVx~,i~`~N`n The Director. of Fublic V3ork:s shall cause to be conspicuously posted along the line of the cor~te~aplated work or improvement and along all open streets within the district liable to be assessed for the wor.'~, notices of the passage of this Resolution of Intention in time, Lorin and manner provided by the Streets and Highways Code. Presented by ' ~/ Approved as to form ` ~by - ~~ ,mss ~ ^ ~\` ~ r' _ Lane F. Cole, Direc or of Publi George D. ' ndberg, City Attorney..- '" Works ADOPTED AIVD APPROVED by the CITY VISTA, CALIFORNIA, this 2nd day of following vote, to-wit: COUNCIL of the CITY OF CHU'LA June 19 70 , by the AYES : Councilmen Scott, Hobel, Hamilton, E~dahl NAYES: Councilmen None ABSENT: Councilmen H de _~ ~_'. Mayor of the City of Chula Vista ATTEST ~.~'..,.-~ -~. ~_~ ~ _~`~ ~ ~.{~rA ~ ~ ~ ~ L''. '_ty Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss . CITY OF CHULA VISTA ) I. _ _ City Clerlc of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. and that the same has not been amer?.ded or repealed. 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