HomeMy WebLinkAboutReso 1997-18739 RESOLUTION NO. 18739
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO
CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" TO FORM
ASSESSMENT DISTRICT 96-01, ON TWIN OAKS AVENUE
BETWEEN NAPLES STREET AND EMERSON STREET
WHEREAS, the City Council approved Resolution of Intention No. 18658 ordering the
installation of street improvements on Twin Oaks Avenue from Naples Street to Emerson
Street pursuant to the "Improvement Act of 1911 "; and
WHEREAS, all owners of property within the proposed assessment district were mailed
notice of the public hearings and the estimated assessment to their property; and
WHEREAS, the Resolution of Intention was published twice in the Star News on
Saturday, June 28, 1997 and Saturday, July 12, 1997 with the first publication being at least
ten days prior to the public hearing date; and
WHEREAS, each property owner within the proposed district was notified on May 5,
1997 to construct the improvements abutting their property within sixty (60) days after notice
is given.
NOW, THEREFORE, THE CITY COUNCIL OF THE CLTY OF CHULA VISTA DOES
HEREBY FIND, DETERMINE, ORDER AND RESOLVE AS FOLLOWS:
Section 1. Findinqs: The City Council does hereby find as follows:
A. The City Council of the City of Chula Vista, California, has
instituted proceedings pursuant to the provisions of Chapter 27
of the "Improvement Act of 1911" being Division 7 of the
Streets and Highway Code of the State of California for the
construction of certain authorized improvements in a special
assessment district known and designated as Assessment
District No. 96-01 (AD No. 96-01).
B. Notice has been given in the manner and form as required by Law
and specifically Article II, Part 3, of Division 7 of the Streets and
Highway Code, and a Certificate of Compliance is on file in the
office of the Superintendent of Streets (0725-10-AD9601 ).
C. A public hearing has been he~d and all testimony and evidence
heard relating to the work of improvement as proposed for the
Assessment District, and the legislative body is desirous at this
time to proceed.
Section 2. That all protests of every nature are hereby overruled and denied.
~' Section 3. The Superintendent of Streets is hereby directed to proceed and cause
the construction of the works and improvements in said Assessment
District if said construction is not commenced within sixty (60) days
Resolution 18739
Page 2
after notice is given to the property owner (by 7/5/97) to cause the
work to be done.
Section 4. The works of the improvement shall be done and carried through and
financed pursuant to the provisions of Chapter 27 of the "Improvement
Act of 1911" and for all particulars as to these proceedings, reference
is made to the Resolution ordering the installation of the public
improvements and instructing the Superintendent of Streets to give
notice.
Section 5. The works of improvement and project shall be financed pursuant to the
provisions of said Chapter 27, and the City shall collect each
assessment remaining unpaid following the expiration of a 30 day cash
collection period. Said balance shall be payable over a period of 10
years at an interest rate of 7% per annum. The City shall collect the
unpaid balance of any assessment on the district properties semi-
annually in conjunction with the collection of City taxes, excepting those
properties for which a payment deferral has been approved. The
collection of assessments on these properties shall be in accordance
with the payment schedule stipulated in their deferral agreement.
Section 6. The City has complied with the requirement of Proposition 218, the
"Right To Vote On Taxes Act", by mailing out ballots to all property
owners subject to an increase in their property taxes and has counted
the ballots returned and found that based on financial obligation, that
64.5% of the property owner's share, voted in favor of forming the
assessment district.
Presented by Approved as to form by
,, 't ,reotor Jo . Kahen
Resolution 18739
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of July, 1997, by the following vote:
AYES: Councilmembers: Moot, Rindone, Salas, and Horton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
Beverly ~ Authelet, 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. 18739 was duly passed, approved, and adopted by the City
Council at a regular meeting of the Chula Vista City Council held on the 22nd day of July,
1997.
Executed this 22nd day of July, 1997
Beverly A.TAuthe'let, City Clerk