HomeMy WebLinkAboutReso 1998-18985 RESOLUTION NO. 18985
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ORDER
CERTAIN CHANGES AND MODIFICATIONS IN ASSESSMENT
LEVIED WITHIN CERTAIN ASSESSMENT DISTRICTS, 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 initiated proceedings and held public hearings 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"), for assessment districts designated
as ASSESSMENT DISTRICT NOS. 90-3, 91-1 and 94-1 (Collectively, the "Assessment
Districts"); and
WHEREAS, at this time it appears to this legislative body that certain changes and
modifications 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.
NOT 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 assessment as set forth in Exhibit A hereto which is incorporated herein by this
reference.
SECTION 3. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY
SCHEDULED IN THE REGULAR MEETING PLACE QF THIS LEGISLATIVE BODY, BEING THE
COUNCIL CHAMBERS, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, ON
JUNE 23, 1998 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 MODIFICATION SHOULD NOT BE MADE IN ACCORDANCE WITH
THE PROVISIONS OF THIS 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
OF THE PROPOSED INCREASE IN ASSESSMENT.
Resolution 18985
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, CALl FORNIA 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 OF THE PUBLIC HEARING, ASSESSMENT
BALLOTS SUBMITTED IN OPPOSITION TO THE INCREASE IN ASSESSMENTS WITHIN THE
ASSESSMENT DISTRICT EXCEED THE ASSESSMENT BALLOTS SUBMITTED IN FAVOR OS
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 (10) 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
Prepared by Approved as to form by
Resolution 18985
Page 3
Exhibit A
MODIFIED ASSESSMENT ROLL SUMMARY
ASSESSMENT DISTRICT NOS. 90-3, 91-1, 94-1
· f Assessments Assessments
Unit APN Originally Confirmed As Modified
R-10 643-I70-02 $1,758,638.14 $2,040,903.69
R-16 643-032-01 $817,295.34 $535,029.79
Total 82,575,933.48 $2,575,933.48
Resolution 18985
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of May, 1998, by the following vote:
AYES: Councilmembers: Moot, Padilia,. Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None°
Sh~~
ATTEST:
8 ' ~'~~
~uth~let, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that
the foregoing Resolution No. 18985 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 5th day of May,
1998.
Executed this 5th day of May, 1998.
h City Clerk