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HomeMy WebLinkAboutReso 2012-150RESOLUTION NO. 2012-150 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. 2012-01 (ALPINE 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 Alpine Avenue between Emerson Street and Oxford Street are currently without curbs, gutters and sidewalks; and WHEREAS, the City has received a petition signed by 12 of the 19 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 April 17, 2012, City Council accepted the aforementioned petition and directed the City Engineer to prepare a Preliminary Engineer's Report for the proposed district; and WHEREAS, on May 22, 2012, the City Council adopted Resolution No. 2012-084 approving the Preliminary Engineer's Report for the proposed Assessment District AD 2012-01 along Alpine Avenue, set the time and place for a public hearing, and ordered the initiation of assessment balloting proceedings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista finds as follows: 1. That the Public Hearing for the formation of the Assessment District 2012-01 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 May 23, 2012. 3. That the Public Hearing was held at the time and place identified in the Notice. 4. That all interested parties had the opportunity to be heard. 5. That the Council has considered all objections or protests. 6. That following the conclusion of the Public Hearing, the ballots were counted by an impartial individual. Resolution No. 2012-150 Page No. 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, marked 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 2012-01 along Alpine 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 7 ~ ~~'~~~_ Richard opkins len R. G ogins Director of PulAic Works ey Resolution No. 2012-150 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of July 2012 by the following vote: AYES: Councilmembers: Aguilar, Bensoussan, Castaneda, Ramirez and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None Cheryl Cox, yor 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. 2012-150 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 17th day of July 2012. Executed this 17th day of July 2012. ~c.,~'~, ~ ~h~ Donna R. Norris, CM ,City Clerk Resolution No. 2012-150 Page 4 EXHIBIT "A" 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 Government Code at the hearing on CITY OF CHULA VISTA ALPINE AVENUE ASSESSMENT DISTRICT N0.2012-01 in said City, held July 17, 2012. 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 are full, true, and correct. VOTES CAST YES 9 NO 1 WITNESS of my hand and Official Seal this 23 day of July, 2012 G ~~ ~~S/~--- Donna R. Norris, CMC CITY CLERK ELECTION OFFICIAL CITY OF CHULA VISTA STATE OF CALIFORNIA