HomeMy WebLinkAboutReso 1999-19549
- RESOLUTION NO. 19549
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA ORDERING CERTAIN CHANGES AND
MODIFICATIONS OR THE REAPPORTIONMENT IN THE
ASSESSMENTS IN CERTAIN SPECIAL ASSESSMENT DISTRICTS
WHEREAS, the City Council has adopted a Resolution pursuant to the provisions of
Chapter 4.5 of Division 12 of the Streets and Highways Code of the State of California, and
specifically Section 10353 (the "Municipal Improvement Act of 1913") (the "Improvement
Act"), declaring its intention to order certain changes and modifications in the proceedings and
the assessments, and did, pursuant to law, set forth a time and place for a public hearing on
said proposed changes and modifications in special assessment districts known and
designated as ASSESSMENT DISTRICT NO. 94-1 (the "Assessment District No. 94.1 "); and
WHEREAS, at this time notice of the public hearing on the proposed changes and
modifications in Assessment District No, 94-1 has been given in the manner and form as
required by law; and
WHEREAS, such notice of public hearing as provided to the record owner of any parcel
for which the assessment was proposed to be increased was accompanied by an assessment
ballot as required by as required by Article XIlID of the Constitution of the State of California
- ("Article XIIID") and the Proposition 218 Implementation Act (Government Code Section
53750 and following)(the "Implementation Act") (the Improvement Act, Article XIIiD and the
Implementation Act are referred to herein collectively as the "Assessment Law"); and
WHEREAS, at this time this City Council determines that the assessment ballots
received by the City in favor of the proposed increase in the assessment and weighted as
required by the Assessment Law exceeded the assessment ballots received in opposition to
the proposed increase in assessment and similarly weighted and, therefore, a majority protest
pursuant to the Assessment Law does not exist; and
WHEREAS, at this time this City Council also desires to approve the reapportionment
of assessments within Assessment District No. 90-3; and
WHEREAS, such (eapportionment does not result in the increase of the assessment
levied against any parcel ~n Assessment District No. 90-3 and, therefore, no public hearing is
required as a precondition to the approval of such reapportionment; and
WHEREAS, this legislative body has heard the presentation and testimony as it relates
to the proposed changes and modifications, and this legislative body is now ready to proceed
to take action on said proposed changes and modifications in Assessment District No, 94-1
and the proposed reapportionment in Assessment District No. 90-3.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
- The above recitals are all true and correct.
SECTION 1,
SECTION 2, This legislative body hereby orders those changes and modifications in the
assessments levied within Assessment District No. 94-1 as set forth in the report of Special
Resolution 19549
Page 2
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District Financing and Administration, a copy of which shall be kept on file in the office of the
Superintendent of Streets.
This legislative body hereby further orders the reapportionment of assessments levied within
Assessment District No. 90-3 as set forth in such report of Special District Financing and
Administration.
SECTION 3, The decisions and determinations of this legislative body ordering the
above-referenced changes and modifications shall be final and conclusive upon all persons
entitled to appeal thereon,
SECTION 4. The Engineer's "Report", the Assessment Roll, and all related
documentation, as herein modified, are for the best interest of the property owners within the
Assessment District, and said modified "Report" shall stand as the Engineer's "Report" for all
subsequent proceedings relating to this Assessment District.
Presented by Approved as to form by
(l1/ 1~
Jcf:n P. Lippitt L..../ -
Public Works Director
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Resolution 19549
Page 3
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 27th day of July, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilla, Salas and Horton
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
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Shirley Hort n, Mayor
ATTEST:
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Susan Bigelow, City Clerk
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. 19549 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 27th day of July, 1999.
Executed this 27th day of July, 1999.
..:.:: --::i-LuL. ~~, ð ð~
Susan Bigelow, City Cler
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