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HomeMy WebLinkAboutReso 2013-080RESOLUTION NO. 2013-080 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS; ESTABLISHING THE RATE OF INTEREST AT FIVE PERCENT (5%) PER YEAR, WITH A MAXIMUM FINANCING PERIOD OF TEN YEARS; AND APPLYING SUCH INTEREST RATE AND DEFERRAL PERIOD TO ALL DEFERRALS FOR ALPINE AVENUE ASSESSMENT DISTRICT 2012-01 WHEREAS, pursuant to Resolution No. 2012-059 adopted on April 17, 2012, the City Council accepted a petition requesting the formation of an Assessment District for Alpine Avenue between Emerson Street and Oxford Street for the purpose of financing the construction of sidewalk improvements; and WHEREAS, on May 22, 2012, Council adopted Resolution No. 2012-084 and approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2012-01 (Alpine Avenue) for the proposed Assessment District No. 2012-01, set the time and place for a public hearing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on May 23, 2012, ballots and ballot materials were mailed to property owners, and owners were informed that the ballots needed to be received by the City Clerk's office prior to 4:00 p.m. on July 17, 2012; and WHEREAS, on July 17, 2012, a public hearing was held, and the ballots remained sealed; and WHEREAS, there was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, since ninety percent (90%) of the votes cast by property owners were in favor of the proposed Assessment District formation, City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements, and ordered a final assessment Engineer's Report to be prepared pursuant to Resolution No. 2012-150, adopted on July 17, 2012; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the Twin Oaks Avenue Sidewalk Improvements between Emerson Street and Oxford Street (STL386) and Alpine Avenue Sidewalk Improvements between Emerson Street and Oxford Street (STL379) improvements and awazded a contract in the amount of $515,271 to the low bidder, Tri-Group Construction and Development, Inc., of San Diego, pursuant to Resolution No. 2012-196 on October 23, 2012; and Resolution No. 2013-080 Page No. 2 WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only the costs of the concrete driveways and private improvement relocation aze to be assessed to the property owners; and WHEREAS, not all the assessments have been fully paid and the City can collect the unpaid balance over a maximum period of ten yeazs, together with interest on the unpaid principal at a rate not to exceed seven percent (7%) per year; and WHEREAS, City staff proposes to chazge five percent (5%) interest for a period of ten years on the unpaid balances of the assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accept the deferral of the assessments; establish the rate of interest at five percent (5%) per year, with a maximum financing period of ten yeazs; and apply such interest rate and deferral period to all deferrals for Alpine Avenue Assessment District 2012-01. Presented by Approved as to form by G R' azd A. opkms G1 n R. Goo ~ rs Director of Public orks City Resolution No. 2013-080 Page No. 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of May 2013 by the following vote: AYES: Councilmembers: Aguilaz, Bensoussan, Ramirez, Salas and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None U ~ Cheryl Cox, Mayor ATTEST: ,. ~ ~~ Donna R. Norris, CMC, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CHULA VISTA ) I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2013-080 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 7th day of May 2013. Executed this 7th day of May 2013. Donna R. Norris, CMC, City Clerk