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HomeMy WebLinkAboutReso 1999-19483 RESOLUTION NO. 19483 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER CERTAIN CHANGES AND MODIFICATIONS IN ASSESSMENTS LEVIED WITHIN ASSESSMENT DISTRICT NO. 94-1, SETTING A PUBLIC HEARING THEREON AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES AS TO THOSE ASSESSMENTS PROPOSED TO BE INCREASED WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has previously undertaken proceedings to form and did form, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California (the "Improvement Act"), Assessment District designated as ASSESSMENT DISTRICT NO. 94-1 (the "Assessment District"); and WHEREAS, at this time it appears to this legislative body that certain changes and modifications in certain assessments are necessary, and that, pursuant to the provisions of Section 10353 of said Streets and Highways Code and Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act") (the Improvement Act, Article XIIID and the Implementation Act are referred to collectively as the "Assessment Law"), it is necessary that this legislative body adopt a Resolution briefly describing the proposed changes in certain assessments and giving notice of a time and place for a public hearing where persons may appear and show cause why said changes should not be ordered. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. The above recitals are all true and correct. SECTION 2. The public interest, convenience and necessity requires, and it is the intention of this legislative body, to order certain changes and modifications in the proceedings and the assessments as set forth in the report of Special District Financing & Administration, a copy of which is on file in the office of the City Clerk. SECTION 3. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, ON JULY 27, 1999, AT 6:00 P.M. AT WHICH TIME THE CITY COUNCIL WILL HEAR ANY OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS. ANY INTERESTED PERSON MAY APPEAR BEFORE THE CITY COUNCIL AND SHOW CAUSE WHY THE PROPOSED CHANGES AND MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE PROVISIONS OFTHIS RESOLUTION. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD OWNER OF PROPERTY FOR WHICH THE ASSESSMENT IS PROPOSED TO BE INCREASED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED INCREASE IN ASSESSMENT. Resolution 19483 Page 2 ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT FOR WHICH THE ASSESSMENT IS PROPOSED TO BE INCREASED. EACH SUCH OWNER MAY COMPLETE SUCH ASSESSMENT BALLOT AND THEREBY INDICATE THEIR SUPPORT FOR OR OPPOSITION TO THE PROPOSED INCREASE IN ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING: CITY CLERK CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CALIFORNIA 91910 A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE SUFFICIENT. AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY COUNCIL SHALL NOT IMPOSE AN INCREASE IN THE ASSESSMENT ON ANY PARCEL WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THE CONCLUSION OFTHE PUBLIC HEARING, ASSESSMENT BALLOTS SUBMITTED IN OPPOSITION TO THE INCREASE IN ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT EXCEED THE ASSESSMENT BALLOTS SUBMITTED IN FAVOR OF SUCH INCREASE IN ASSESSMENTS. IN TABULATING THE ASSESSMENT BALLOTS, THE ASSESSMENT BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY. SECTION 4. The City Clerk is hereby directed to certify to the adoption of this Resolution and cause a copy to be published in a newspaper designated for the publication of legal notices once, not less than ten days prior to the public hearing, SECTION 5. The City Clerk is hereby directed to mail notice of the Public Hearing and the adoption of this Resolution, together with the assessment ballot materials, to the record owners of all real property proposed to be assessed. SECTION 6. For any and all information relating to these proceedings, including information relating to assessment ballot procedure, your attention is directed to the person designated below: FRANK RIVERA ENGINEERING DEPARTMENT CITY OF CHULA VISTA 276 FOURTH AVENUE CHULA VISTA, CALIFORNIA 91910 (619) 691-5266 r IIi Resolution 19483 Page 3 Prepared by Approved as to form by Resolution 19483 Resolution 19483 Page 4 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 8th day of June, 1999, by the following vote: AYES: Councilmembers: Davis, Moot, Salas and Hotton NAYS: Councilmembers: None ABSENT: Councilmembers: Padilia ABSTAIN: Councilmembers: None Shirley Horto~/'~ayor 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. 19483 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 8th day of June, 1999. Executed this 8th day of June, 1999. Susan Bigelow, City Clerk