HomeMy WebLinkAboutReso 1997-18740 RESOLUTION NO. 18740
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 97-01, ON OXFORD STREET BETWEEN
FOURTH AVENUE AND FIFTH AVENUE
WHEREAS, the City Council approved Resolution of Intention No. 18664 ordering the
installation of street improvements on Oxford Street from Fourth Avenue to Fifth Avenue
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 13,
1997 to construct the improvements abutting their property within sixty (60) days after notice
is given.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY 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. 97-01 (AD No. 97-01 ).
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 the Streets (0725-10-AD9701).
C. A public hearing has been held 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 after notice is given to
the property owner (by 7/12/97) to cause the work to be done.
Resolution 18740
Page 2
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 88.52% of the property owner's share,
voted in favor of forming the assessment district.
Presented by Approved as to form by
John P ny
Public Works Director
T' m '7"
Resolution 18740
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 Hotton
NAYES: Councilmembers: None
ABSENT: Councilmembers: Padilia
ABSTAIN: Councilmembers: None
Shirleyz Ho~on, Mayor
ATTEST:
Beverl~A~.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. 18740 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
~Autl~elet, City Clerk