HomeMy WebLinkAboutReso 1999-19553
NOT APPROVED
RESOLUTION NO. 19553
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION AND ABANDONING THE
PROCEEDINGS TO LEVY AN ANNUAL ASSESSMENT IN BAY
BOULEVARD LANDSCAPING AND LIGHTING DISTRICT
WHEREAS, the City Council has initiated proceedings for the levy of the annual
assessment in a special maintenance district created pursuant to the terms of the
"Landscaping and Lighting Act of 1972," being Division 15, Part 2 of the Streets and
Highways Code of the State of California (the "Landscaping Act"), Article XIIiD of the
Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus
Implementation Act (Government Code Section 53750 et seq.) (the "Implementation Act")
(the Landscaping Act, Article XIIiD and the Implementation Act may be referred to collectively
herein as the "Assessment Law"), in a special maintenance district known and designated as
Bay Boulevard Landscaping and Lighting District (hereinafter referred to as the "District"); and
WHEREAS, at this time all notice and public hearing requirements have been met
relating to the levy of the annual assessments; and
WHEREAS, the City Council previously received and preliminarily approved a report
from the Assessment Engineer (the" Assessment Engineer's Report") and this City Council
- is now satisfied with the assessment and diagram and all other matters as contained in the
Assessment Engineer's Report as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. The above recitals are all true and correct.
PROCEDURES
SECTION 2, This City Council hereby finds and determines that the procedures for the
consideration of the levy of the assessments have been undertaken in accordance with the
Assessment Law.
ASSESSMENT BALLOT PROCEDURES
SECTION 3. Assessment ballots were mailed as required by Assessment Law to the record
owners of all properties within the District which are proposed to be assessed. The
assessment ballots that were completed and received by the City Clerk prior to the close of
the public hearing have been tabulated in accordance with the procedures established by
Assessment Law and this City Council and the results of such tabulation havE' reen submitted
to this City Council.
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This City Council hereby finds that the assessment ballots submitted in opposition to the levy
of assessments as shown in the Assessment Engineer's Report as weighted in accordance
with Assessment Law exceed the assessment ballots submitted in favor of such levy also as
weighted in accordance with Assessment Law. Therefore, a majority protest to the levy of
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Resolution 19553
Page 2
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assessments has been found to exist and no assessments shall be levied against properties
within the District for Fiscal Year 1999-2000.
ABANDONMENT OF PROCEEDINGS
SECTION 4. As a result of the existence of the majority protest to the levy of an annual
assessment for Fiscal Year 1999-2000 as proposed within the District, this City Council
hereby orders the abandonment of the proceedings to authorize such levy.
Presented by Approved as to form by
John P. Lippitt John M. Kaheny
Public Works Director City Attorney
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Resolution 19553
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- NOT PASSED, APPROVED, or ADOPTED by the City Council of the City of Chula Vista,
California, this 3'd day of August, 1999, by the following vote:
AYES: Councilmembers: None
NAYS: Councilmembers: Davis, Moot, Padilla, Salas and Horton
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley Horton, Mayor
ATTEST:
- 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. 19553 was not passed, approved, or adopted by the City Council at a regular
meeting of the Chula Vista City Council held on the 2nd day of August. 1999.
Executed this 2nd day of August, 1999.
Susan Bigelow, City Clerk