HomeMy WebLinkAboutReso 1998-19058 RESOLUTION NO. 19058
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA ORDERING CERTAIN CHANGES AND
MODIFICATIONS IN THE ASSESSMENTS IN CERTAIN SPECIAL
ASSESSMENT DISTRICTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has
adopted a Resolution pursuant to the provisions of Chapter 4.5 of Division 12 of the Streets
and Highways Code of the State of California, and specifically Section 10353 (the "Municipal
Improvement Act of 1913") (the "Improvement Act"), declaring its intention to order certain
changes and modifications in the proceedings and the assessments, and did, pursuant to law,
set forth a time and place for a public hearing on said proposed changes and modifications in
special assessment districts known and designated as ASSESSMENT DISTRICTS NO. 90-3,
91-1 and 94-1 hereinafter referred to collectively as the "Assessment Districts"); and
WHEREAS, at this time notice of the public hearing on the proposed changes and
modifications has been given in the manner and form as required by law; and
WHEREAS, such notice of public hearing as provided to the record owner of any parcel
for which the assessment was proposed to be increased was accompanied by an assessment
ballot as required by Article XIII D of the Constitution of the State of California ("Article XIIID")
and the Proposition 218 Implementation Act (Government Code Section 53750 and following)
(the "Implementation Act") (the Improvement Act, Article XIIID and the Implementation Act
are referred to herein collectively as the "Assessment Law"); and
WHEREAS, at this tinae this City Council determines that the assessment ballots
received by the City in favor of the proposed increase in the assessment and weighted as
required by the Assessment Law exceeded the assessment ballots received in opposition to
the proposed increase in assessment and similarly weighted and, therefore, a majority protest
pursuant to the Assessment Law does not exist; and
WHEREAS, this legislative body has heard the presentation and testimony as it relates
to the proposed changes and modifications, and this legislative body is now ready to proceed
to take action on said proposed changes and modifications.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. This legislative body hereby orders those changes and modifications as set forth
in a Resolution of Intention to order said changes and modifications.
SECTION 3. The decisions and deternainations of this legislative body ordering the
above-referenced changes and rnodifications shall be final and conclusive upon all persons
entitled to appeal thereon.
SECTION 4. The Engineer's "Report", the Assessment Roll, and all related documentation,
as herein modified, are for the best interest of the property owners within the Assessment
District, and said modified "Report" shall stand as the Engineer's "Report" for all subsequent
proceedings relating to this Assessment District.
o/~ - ~ Appr ved as to forl~_~by
rks Director
Resolution 19058
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 23rd day of June, 1998, by the following vote:
AYES: Counciln3embers: Moot, Padilia, Rindone, Salas and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: None
Shirley H~t~n, Mayor
ATTEST:
, i
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of Chula Vista, California, do hereby certify that the
foregoing Resolution No. 19058 was duly passed, approved, and adopted by the City Council
at a regular meeting of the Chula Vista City Council held on the 23rd day of June, 1998.
Executed this 23rd day of June, 1998.