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HomeMy WebLinkAboutReso 1997-18849 RESOLUTION NO. 18849 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, PASSING ON THE REPORT OF THE ASSESSMENT ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING AND ORDERING THE INITIATION OF ASSESSMENT BALLOT PROCEDURES WHEREAS, the City Council of the City of Chula Vista, has instituted proceedings for the acquisition of certain public improvements and appurtenances under provisions of the "Municipal Improvement Act of 1913" (the "Improvement Act"), being Division 12 of the Streets and Highways Code of the State of California (commencing with Section 10000), in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 97-2 (Otay Ranch, Village 1 ) (hereinafter referred to as the "Assessment District"; and WHEREAS, there has been prepared and filed with the legislative body a Report of the Assessment Engineer (the "Report") as provided for in and required by Sections 10203 and 10204 of the Streets and Highways Code, Article XlllD 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 herein collectively as the "Assessment Law") and the Report has been presented to this legislative body for its consideration; and WHEREAS, a Resolution of Intention for the acquisition of the subject improvements was previously adopted by the legislative body; and the Report as now presented shall stand as the Report for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1: The above recitals are all true and correct. SECTION 2: The Report of the Assessment Engineer referred to hereinabove is adopted, passed upon, and preliminarily approved, as follows: A. That the plans and specifications for the improvements proposed to be acquired, as contained in the Report, are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemized and total costs and expenses of the acquisition of the improvements and of the incidental expenses in connection therewith contained in the Report, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which subdivisions have been given a separate number upon said diagram, as contained in the Report, is hereby preliminarily approved and adopted; Resolution 18849 Page 2 D. That the proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be received by such subdivisions, respectively, from the improvements to be acquired, and of the incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and adopted; E. That the descriptions of the improvements to be acquired contained in the Report are hereby preliminarily approved. SECTION 3: The Report shall stand as the Assessment Engineer's Report for the purpose of all subsequent proceedings had pursuant to the Resolution of Intention. SECTION 4: NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING IS HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, 276 FOURTH AVENUE, CHULA VISTA, CALIFORNIA, ON FEBRUARY 3, 1998 AT 4:00 P.M. RIGHT TO SUBMIT ASSESSMENT BALLOT PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, EACH RECORD OWNER OF PROPERTY PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE PROPOSED ASSESSMENT. ~---.. ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH BALLOT AND THEREBY INDICATE THEIR SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH 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, CA 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 ASSESSMENT WITHIN THE ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THE CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT BALLOTS SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE ASSESSMENT DISTRICT EXCEED THE BALLOTS SUBMITTED IN FAVOR OF SUCH ASSESSMENTS. IN TABULATING THE BALLOTS, THE BALLOTS SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED PROPERTY. SECTION 5: The City Clerk is hereby directed to mail notice of the Public Hearings and the adoption of the Resolution of Intention and of the filing of the Report, Resolution 18849 Page 3 together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. SECTION 6: The City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the Streets and Highways Code of the State of California. Presented by Approved as to form by Resolution 18849 Page 4 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of December, 1997, by the following vote: AYES: Councilmembers: Padilia, Rindone, Salas and Horton NAYES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: Moot ATTEST: Beverly ~.Au~helet, 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. 18849 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 16th day of December, 1997. Executed this 16th day of December, 1997 Beverly ~.Autt~elet, City Clerk