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HomeMy WebLinkAboutReso 1995-18127 RESOLUTION NO. 18127 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE IMPROVEMENTS AND THE FORMATION OF OPEN SPACE MAINTENANCE DISTRICT NO, 33, BROADWAY BUSINESS HOME VILLAGE, CONFIRMING THE DISTRICT DIAGRAM AND LEVYING THE ASSESSMENT AND COLLECTIBLE FOR FISCAL YEAR 1996-97 WHEREAS, as a condition of the Development Agreement, the developer of Broadway Business Home Village, has petitioned for the formation of an open space district in accordance with the criteria contained in Chapter 17.07 of the Chula Vista Municipal Code, incorporating in substantial part the Lighting and Landscaping Act of 1972 (commencing at Section 22500 of the Streets and Highways Code); and, WHEREAS, on October 24, 1995, by Resolution No. 18085, the City Council approved the Engineer's Report on the proposed Open Space District No. 33, Broadway Business Home Village, consisting of all property located on the west side of Broadway between J Street and K Street, and calling for an engineer's report to describe the improvements and declared its intention to order the formation of the assessment district at public hearings to be conducted on November 14, 1995 and November 21,1995, in accordance with the provisions of Section 22587 of said Act; and, WHEREAS, the City Clerk has given notice of said public hearing by causing the resolution of intention to be published, posted and mailed as provided in Section 22556; and, WHEREAS, on November 14 and November 21, 1992, the City Council conducted public hearings and afforded all interested persons the opportunity to hear and be heard, and considered all oral statements and written protests or communications made thereat or filed by any interested person and received any and all protests regarding the formation of the district and the levy of the proposed assessment; and, WHEREAS, at said public hearings the City Council overruled any protests and ordered the improvements to be made and the formation of Open Space Maintenance District No. 33 and confirmed the diagram of the District. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby order the formation of Open Space Maintenance District No. 33, confirm the district diagram and levying the FY 1996/97 assessment for said district (with respect to all 36 proposed units) at ~)1,029.00 per unit per year and the collectible at $686.00 per unit per year as set forth in accordance with Article 4 of Chapter 1 of the Landscape and Lighting Act of 1972 for Open Space District No. 33 and Chapter 17.07 of the Chula Vista Municipal Code contingent upon Ordinance No. 2653 taking effect and being in full force on the thirtieth day from and after its adoption, to-wit: December 21, 1995. BE IT FURTHER RESOLVED that the collection for the 1996/97 fiscal year assessment shall be made from the 18 proposed units in Phase I (Unit 1 and Unit 2). I. T Resolution 18127 Page 2 BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does / Presented by or y Jo P Lippi Brae M. Boogaard P s Director City Attorney I T m m~ r' Resolution 18127 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 21 st day of November, 1995, by the following vote: AYES: Councilmembers: Alevy, Moot, Padilia, Rindone, Horton NAYS: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~h~rley Horton, Mayor ATTEST: Beverly ~ Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. 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. 18127 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 21st day of November, 1995. Executed this 21 st day of November, 1995. ly A'. Authelet, City Clerk