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HomeMy WebLinkAboutReso 1995-17818 RESOLUTION NO. 17818 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING INTENTION WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California ("Municipal Improvement Act of 1913") and the City of Chula Vista Assessment District Procedural Ordinance, to order the acquisition of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO, 94-1 (EASTLAKE GREENS Ill (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The financing of the acquisition of certain public improvements described as street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting and landscaping, utilities and undeLcround improvements consisting of water, sanitary sewer, storm drain, irrigation and public utilities facilities, together with appurtenances and appurtenant work, to serve and benefit properties located within the boundaries of the Assessment District. B. All of said work and improvements to be acquired are to be installed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor as hereinafter provided. C. The description of the improvements contained in this Resolution is general in nature, and the plans and profiles of the work are contained in the Engineer's "Report" shall be controlling as to the correct and detailed description thereof. DESCRIPTION OF ASSESSMENT DISTRICT 2. That said improvements to be acquired are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, wh;ch is described as Resolution No. 17818 Page 2 follows: All that certain territory in the district included within the exterior boundary lines shown on the plat exhibiting the property benefited and to be assessed to pay the costs and expenses of the acquisition of said work and improvements in the Assessment District, said map titled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II)", and which map was heretofore approved and which said map is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within the area of all public streets, easements or public right-of-way. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said previously approved boundary map. REPORT OF ENGINEER 3. That this proposed improvement is hereby referred to the ASSESSMENT ENGINEER, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improvements. B. An estimate of the cost of the acquisition of the proposed works of improvement, including the cost of the incidental expenses, in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show 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 the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be acquired under these proceedings. When any portion or percentage of the cost and expenses of the improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D, of this Section. Resolution No. 17818 Page 3 BONDS 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, which bonds shall be issued not to exceed the legal maximum term as authorized by law, THIRTY-NINE (39) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designed as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. "AUTHORITY" 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be acquired pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, and, upon its effective date, the City of Chula Vista Assessment District Procedural Ordinance. SURPLUS FUNDS 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvement; or Resolution No. 17818 Page 4 D. To call bonds. SPECIAL FUND 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improvements herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: DONNA SNYDER ASSESSMENT DISTRICT COORDINATOR CITY OF CHULA VISTA P.O. BOX 1087 CHULA VISTA, CA 91910 TELEPHONE: (619) 691-5266 Written protests should be addressed to the City Clerk and mailed to the address listed above. PUBLIC PROPERTY 9. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION 10. The public interest, convenience and necessity requires that certain land, rights-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Engineer's "Report", upon adoption, shall set forth general description of the location and extent of easements and/or land necessary to be acquired. NO CITY LIABILITY 11. This legislative body hereby further declares not to obligate itself advance available funds from the Treasury to cure any deficiency which may occur in the bond Resolution No. 17818 Page 5 redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of California, and said determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 1915". PETITION 12. A petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement has been signed and filed with the legislative body, and no further proceeding or actions will be required under Division 4 of the Streets and Highway Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931 ". ANNUAL ADMINISTRATIVE ASSESSMENT 13. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related ,,.l funds. UTILITY IMPROVEMENTS 14. It is the intention of this legislative body to enter into agreements with certain public utility companies or public agencies where facilities to be assessed will be owned, managed and controlled by utility or agency other than this legislative body. For particulars, reference is made to said Agreements which shall be on file and open for public inspection, which said Agreements will be approved prior to the ordering of any work. All Agreements are authorized by and shall be consistent with the provisions of Streets and Highways Code Section 10110. m ~ r Resolution No. 17818 Page 6 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of February, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None 'Shirl~ Mayor ATTEST: Beverly A,2'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 Reso!ution No. 17818 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 28th day of February 1995. Executed this 28th day of February, 1995. P