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Reso 2001-234
RESOLUTION NO. 2001-234 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATIONS TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 2001/2002FOR OPEN SPACE DISTRICT NO. 14 WHEREAS, prior to the adoption of this resolution, the City Council has caused the formation of various districts under and pursuant to either the Chula Vista Open Space District Procedural Ordinance ("Procedural Ordinance"), as contained in Chapter 17.07 (adopting in substantial part the 1972 Lighting and Landscaping Act ("Act") as contained in Streets and Highways Code Section 22500, et seq., or pursuant to the Act itself designated as Open Space District No. 14; and WHEREAS, in accordance with the Procedural Ordinance, the City Engineer has prepared a report on the spread of assessments for said Open Space and Maintenance Districts CEngineer's Report"); and WHEREAS, the districts are exempt from the provisions of Proposition 218 because 1) the assessments were raised by an amount equal to or below the CPI; 2) the districts were either formed at the request of 100% of the land owners; or 3) the improvements are within the street fight-of-way; and WHEREAS, on May 29, 2001, the City Council approved the Engineer's Report and set June 19, 2001 and July 24, 2001 as the dates for the public hearings; and WHEREAS, the proposed individual assessment for Open Space District 14 for Fiscal Year 2001/2002 is shown below: PRIOR FY'S vs. FY 2001/2002 ASSESSMENT/COLLECTIBLE FY 00/02 Proposed Proposed 3pen Space Dislrict FY99/00 FY 00/01 FY 00/01 CAP: FY 01/02 FY V2 FY 01/02 ~1o. 14 AssmtJ Collection/Assmt] FY00/01 AssmtJ CollectiotaRevenue EDU EDU EDU Assmt + EDU EDU CpI© BonitaLongCanyon $301.46 $293.00 $309.11 $327.66 $327.615 $281.00 $245,414 1~ FY 2001/2002 assessment my be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to Open Space District No. 14, that the City Council of the City of Chula Vista does hereby find that written protests against the proposed assessment adjustment has not been made by owners representing more than one-half of the area of the land to be assessed for the improvement and confirms the diagram and assessment contained in the modified Engineer's Report, and orders the open space and maintenance facilities to be maintained. The adoption of this resolution shall constitute the levy of the Resolution 2001-234 Page 2 assessment as proposed in the modified Engineer's Report for the 2001/2002 fiscal year and set forth hereinabove for Open Space District No. 14. Presented by Approved as to form by PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 24th day of July, 2001, by the following vote: AYES: Councilmembers: Rindone, Salas and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilla ABSTAIN: Councilmembers: Davis Shirld~ Horton, ~fayor ATTEST: Susan Bigelow, City Clerk fj STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2001-234 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 24th day of July, 2001. Executed this 24th day of July, 2001. Susan Bigelow, City Clerk/f