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HomeMy WebLinkAboutReso 1995-17850 RESOLUTION NO. 17850 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING INSTALLATION OF IMPROVEMENTS IN ALLEY FROM J STREET TO KEARNEY STREET BETWEEN ELM AVENUE AND SECOND AVENUE, ORDERING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER CONSTRUCTION AND SETTING PUBLIC HEARINGS ON RESOLUTION OF INTENTION TO FORM ASSESSMENT DISTRICT 93-01 PURSUANT TO THE BLOCK ACT OF 1911 WHEREAS, the City Council of the CITY OF CHULA VISTA, CALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911 ", of the Streets and Highways Code of the State of California for construction of certain authorized improvements in a special assessment district known and designated as Assessment District 93-01 1911 BLOCK ACT affecting properties fronting/abutting alley from J to Kearney Streets between Elm and Second Avenue (hereinafter known and designated as the "Assessment District"); and, WHEREAS, Sections 5875 and 5876 of said Streets and Highway Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements l ' in front of or abutting properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. WHEREAS, Section 5131 requires a resolution of intention to form an assessment district to perform such work and Section 5132 requires public hearings to hear objections by those affected by the district formation. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correct. SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain improvements to an alley by installing PCC pavement in the special assessment district, including speed humps, pedestrian ramps and appurtenances where required, excepting acceptable improvements in place in the City in what is known as the Assessment District. SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and the name of the Assessment District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the works and a full and detailed description, reference is hereby made to ,T said plans and specifications as on file in the Office of the City Engineer. Resolution No. 17850 Page 2 SECTION 4. That the works of improvements, in the opinion of this legislative body, will benefit the abutting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properties within the boundaries of the Assessment District, which District is declared to be the area and abutting properties benefitting by the work and improvements for a general description of the Assessment District and area of benefit, reference is made to a map of said district previously approved and said map identified by number of this Assessment District, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter 27 of the "improvement Act of 1911", it is hereby declared to be the responsibility of the owners of the lots or portions of lots fronting/abutting the public alley where this legislative body, pursuant to said Section, by its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements fronting\abutting their properties to commence within sixty (60) days upon notice so to do by the Superintendent of Streets. If the work is not commenced by the property owners within said period, the Superintendent of Streets shall proceed to cause said work to be completed. SECTION 6. That all of the work and improvements herein proposed shall be done and , carried through and financed pursuant to the provisions of Chapter 27 of the "improvement Act of 1911 ", of the Streets and Highways Code of the State of California. For all particulars, reference is made to said "Act", and the provisions contained therein. SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 9TH AND 16TH OF MAY 1995, AT THE HOUR OF 6:00 P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, PUBLIC SERVICES BUILDING, 276 FOURTH AVENUE, CHULA VISTA, CA., ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENTS ORTHE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, the City shall collect payment of the assessments, annual installments, and interest in accordance with the provisions of Section 5895 of Chapter 27 of the "Improvement Act of 1911 ", of the Streets and Highways Code of the State of California. The number of annual installments shall be 10 and the interest rate shall be 7 percent per annum. T Resolution No. 17850 Page 3 SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the properties fronting/abutting that portion of the alley in the block where work is to be constructed and directing them to construct or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by mailing a letter, postage prepaid, to the property owners at their last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown on the records of the City Clerk. B. The City Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days after the adoption of this Resolution setting dates, time and place for the public hearings. C. The City Clerk shall cause the Resolution of Intention to be published twice, with the first publication occurring at least ten (1 O) days prior to the second public hearing, -- SECTION 10. The estimated cost to the City of the works of improvement as proposed under these proceedings, is estimated to be S72,000.00. SECTION 11. For any and all information relative to these proceedings, including the information relating to the protest procedure, your attention is directed to the person designated below: Donna Snider, Civil Engineer City of Chula Vista P.O.Box 1087 Chula Vista, CA 91910 Telephone: (619) 691-5266 Presented by Lippitt Boogaard ' City Attorney Director of Public Works · 1] T Resolution No. 17850 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 28th day of March, 1995, by the following vote: YES: Councilmembers: Fox, Moot, Padilia, Horton NOES: Councilmembers: None ABSENT: Councilmembers: Rindone ABSTAIN: Councilmembers: None ' Shirley Horton,/Mayor t ATTEST: / f/'! ,. Beverly TO. 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. 17850 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 March 1995. Executed this 28th day of March, 1995. "' ............ T ......................... · TIr