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HomeMy WebLinkAboutReso 1999-19536 RESOLUTION NO. 19536 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING CERTAIN OPEN SPACE AND MAINTENANCE FACILITIES TO BE MAINTAINED, APPROVING MODIFICATION TO THE ENGINEER'S REPORT AND LEVYING ASSESSMENTS FOR FISCAL YEAR 1999/2000 FOR OPEN SPACE DISTRICT NO. 10 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, 1 O; 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 ("Engineer'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 right-of-way; and WHEREAS, on May 18, 1999, the City Council approved the Engineer's Report and set June 22, 1999 and July 13, 1999 as the dates for the public hearings; and WHEREAS, the proposed individual assessment for Open Space District 10 for Fiscal Year 1999-00 is shown below: PRIOR FY'S VS. FY 99/00 ASSESSMENT/COLLECTIBLE FY 99/00 Proposed Proposed FY97/98 FY 98/99 FY 98/99 CAP: FY99/O0 FY99/O0 FY99/O0 Assmt/ Collection/ Assmt/ FY 98/99 Assmt/ Collection/Revenue EDU EDU EDU Assmt + EDU EDU CpInl Open Space District No. 10 El Rancho S88.48 $87.00 ~89.45 S92.67 $87.00 $87.00 $57,278 del Rey 6 & Casa del Rey Ill FY 99/00 aSSeSsment may be set at or below this cap without being subject to a majority protest. NOW, THEREFORE, BE IT RESOLVED as to Open Space and Maintenance District No. 10, 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 Resolution 19536 Page 2 space and maintenance facilities to be maintained, The adoption of this resolution shall constitute the levy of the assessment as proposed in the modified Fngineer's Report for the 1999-00 fiscal year and set forth hereinabove for Open Space and Maintenance District No. 10. Presented by Approved as to form by Pub orks Director M. Kal":ny C,/) Resolution 19536 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13'h day of July, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, and Horton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: Salas ATTEST: Susan Bigelow, City Clef 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. 19536 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 13th day of July, 1999. Executed this 13'h day of July, 1999. Susan Bigelow, City Clerk