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HomeMy WebLinkAboutReso 1995-17874 RESOLUTION NO. 17874 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING CONTRACTS FOR OWNERSHIP OF UTILITY IMPROVEMENTS IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, 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, by adoption of its Resolution of Intention, declared its intention to order the acquisition of certain works of improvement, together with appurtenances, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinai~ter referred to as "Assessment District"); and, WHEREAS, pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is required that prior to the time that any works of improvement are ordered to be acquired pursuant to said proceedings, the legislative body may, by contract, provide that certain works of improvement shall be conveyed by the City to other public agencies or regulated public utilities who will have the legal title to the facilities, and further that said improvements shall thereafter constitute a part of their system; and, WHEREAS, it is further provided that any such agreement shall be made prior to the adoption of the Resolution Ordering Work under the assessment proceedings; and, WHEREAS, at this time, the form of such contracts have been reviewed and submitted pursuant to the authorization of Section 10110 of said Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1. That the above recitals are all true and correct. 2. That the form of agreements, herewith submitted, relating to the acquisition of certain improvement facilities that will be under the ownership, management and control of other public agencies or regulated public utilities, are hereby submitted and herewith approved substantially in the form submitted. Said Agreements related to facilities to be owned by the following listed public agencies or regulated public utilities: San Diego Gas & Electric Pacific Bell Otay Water District The Mayor is hereby authorized to execute the final form of such agreements on behalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is authorized to approve changes in such agreements deemed to be in the best interest of the City, approval of such changes to be evidenced by the execution of such agreements. A copy of the final form of such agreements, known as Resolution No. 17874 Page 2 documents number CO95-054, CO95-055 and CO95-056, shall be kept on file in the Office of the City Clerk and remain available for public inspection. 3. That immediately upon execution, conformed copies of said contracts shall be transmitted to the offices of the respective public agency or utility company, together with a copy of this Resolution. Presented by Approved as to form by Resolution No. 17874 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of April, 1995, by the following vote: YES: Councilmembers: Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirl,e~/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. 17874 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of April, 1995. Executed this 25th day of April, 1995. Beverly ;~CZAuthelet, City Clerk