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HomeMy WebLinkAboutReso 1995-17876 RESOLUTION NO. 17876 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, by Resolution, declared its intention to order the acquisition of certain public works of improvement, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 94-1 (EASTLAKE GREENS II) (hereinafter referred to as the "Assessment District"); and, WHEREAS, certain owners of property liable to be assessed for improvements to be acquired have filed written protests or objections and delivered the same to the City Clerk not later than the hour set for hearing such objections; and, WHEREAS, at the time set for said Public Hearing, all protests and objections were duly heard and considered, and all matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit and whether the assessments were apportioned in accordance to benefit were heard and considered. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 1.That the above recitals are all true and correct. 2.That the public hearing on the Assessment District is hereby closed. 3. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half (72) of the area of property to be assessed for said improvements within said Assessment District. 4. That is hereby further determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement to be acquired as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. Resolution No. 17876 Page 2 5. That the Engineer's method of spread and apportionment of all costs is hereby approved and adopted as being a correct and proper apportionment and distribution of all assessable costs for these works of improvement. Presented by Approved as to form.?, hn P, Lippitt r o, P.b,,e Works~;,%t%r~.:~~aard ' Resolution No. 17876 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 .- :' ,',, ', ,', '~: /:;'~ ShirleyHorton, Mayor ATTEST: Beverly A!/fAuthelet, 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. 17876 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 ATAuthelet, City Clerk ................... T' ..................... · 11