HomeMy WebLinkAboutReso 1999-19280 RESOLUTION NO. 19280
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, APPROVING AN AMENDMENT TO
COUNCIL POLICY NUMBER 505-02 REGARDING THE USE OF
EARLY LIENING PROCEDURE
WHEREAS, the City Council previously adopted Council Policy Number 505-02 (the
"Policy") regarding the use of early liening procedure related to the establishment of
assessment districts to finance public improvements required to serve new development
within the City of Chula Vista; and,
WHEREAS, the City Council desires to amend the Policy to permit the City Council to
approve a deviation or waiver to the Policy requirement regulating the payment for the
acquisition of public improvements so as to permit the payment for a discrete improvement
within a project when considering the approval of an acquisition and financing agreement for
the assessment district.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. Paragraph 5 of City Council Policy Number 505-02 is amended to read
as set forth in Exhibit "A" hereto which is incorporated herein by this reference.
SECTION 3. This resolution shall become effective upon its adoption.
Presented by Approved as to form by
Resolution 19280
Page 2
EXHIBIT A
PARAGRAPH 5 OF
COUNCIL POLICY NUMBER 505-02 AS AMENDED
Regardless of the use of the Early Liening Procedure and except as provided for
below, the payment of the purchase price for the acquisition of any
improvement pursuant to an Acquisition and Financing Agreement shall not be
made until the construction of all improvements for a particular Project (as
defined in the following paragraph) has been completed and accepted by the
City for the purpose of paying the purchase price for such improvements and
the Director of Public Works has certified or caused the certification of the final
costs of such improvements.
A "Project" shall be defined to mean all improvements which are located within
a particular street or easement including but not limited to street improvements,
sewer, water, drainage, utilities and grading and which are authorized to be
acquired by the City pursuant to the Acquisition and Financing Agreement. If
improvements within more than one Project are authorized to be acquired
through an assessment district, then the improvements within each Project may
be acquired separately as all improvements within such Project are completed
and accepted by the City and the finals costs certified. Minor deviations from
the definition of a Project may be approved administratively by the Director of
Public Works. For example, the Director of Public Works may approve the
payment of the purchase price for the acquisition of a sewer line located in a
future street right-of-way the acquisition of which street is not authorized to be
financed through the assessment district.
The City Council may, in its sole discretion, elect to deviate from or waive the
foregoing policy in its consideration of the approval of an Acquisition and
Financing Agreement for an assessment district to authorize the payment of the
purchase price for each discrete component of a Project, i.e., an individual
improvement within a Project such as a sewer line within a Project which also
includes street, water and drainage improvements. In electing to deviate from
or waive the foregoing policy, the City Council may condition the payment of
the purchase price for discrete components as the City Council deems
necessary to insure the financial integrity of the assessment district financing.
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Resolution 19280
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 25th day of May, 1999, by the following vote:
AYES: Councilmembers: Davis, Moot, Padilia and Salas
NAYS: Councilmembers: None
ABSENT: Councilmembers: Horton
ABSTAIN: Councilmembers: None
M~puty Mayo/~r
ATTEST:
Susan Bigelow, City Cle~t~
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. 19280 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 25th day of May, 1999.
Executed this 25th day of May, 1999.
Susan Bigelow, City Clerk