HomeMy WebLinkAboutOrd 1972-1400 , � . , • . .
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- ORDINANCE NO. 1400
AN ORDIiQANCE OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENDING CHAPTER 35 OF THE CHULA VISTA CITY CODE,
BY ADDING THERETO A NEt�T ARTICLE 2 , RELATING TO PROCEDURES
FOR THE ACQUISITION, DEVELOPMENT AND MAINTENANCE OF OPEN
SPACE, TO BE KNOt�7N AS THE CHULA VISTA OPEN SPACE DISTRICT
PROCEDURAL ORDINANCE OF 1972
The City Council of the City of Chula Vista does hereby
ordain as follows :
SECTION I : That Chapter 35 of the Chula Vista City Code
is hereby amended by adding thereto a new Article 2, to be and to
read as follows :
ARTICLE 2 . OPEN SPACE ACQUISITION, DEVELOPMENT AND
MAINTENANCE DISTRICTS .
Sec. 35 . 201 . Citation.
,.
This ordinance, consisting of Article 2 of Chapter 35
of the Chula Vista City Code, may be cited as the "Chula
Vista Open Space District Procedural Ordinance of 1972" .
Sec. 35 . 202 . Purpose and Intent.
The purpose of this article is to provide a means where-
by the City may form open space districts within which
property may be assessed to pay the costs and expenses of
acquisition, development and maintenance of open spaces .
It is the intent of this article to establish and
provide procedures by which open space lands may be
acquired, developed and maintained either in their
natural state or appropriately landscaped for scenic
purposes or for passive or active park and recreational
purposes .
This article is intended to provide a method for the
holding and maintenance of properties which may serve
localized interests but are not susceptible to admini-
stration and funding by the typical homeowners associa-
tion, and which should not be imposed as a burden upon
the general taxpayers of the City . The concept of
such a maintenance program may be extended to natural ,
undeveloped areas , landscaped slope areas which do not
fall within the ownership of individual lots , the
shoulders of major roadways , and physical structures
such as fences adjacent to common open areas that
cannot be properly maintained by individual land
owners and other similar types of open space areas
and facilities which commonly benefit land owners
within a defined district area. Such open space or
open area is more specifically defined hereinafter.
The City Council of the City of Chula Vista, in
establishing said purpose and intent, declares the
need for such open space as a means for shaping and
improving the design. and growth of the urban area;
the establishnent of vegetation and air passages con-
tributing to the clearing of air and providing a means
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for clearing air pollution and reducing noise pollution; � �
. . preservation and conservation of areas of scenic value;
' as well as enhancing recreational areas of ineaningful
proportion on the neighborhood or community level.
It is the intent and purpose of the City Council to
provide by this article a means for acquiring, developing,
and maintaining those open spaces which are not properly
within the province of the total City for acquistion and
maintenance either by means of direct purchase, or as
required by park land dedication standards, or for those
properties or facilities which constitute difficult pro-
blem areas for maintenance by virtue of homeownership
association programs or individual ownership obligations
or additional park land areas or open space preserves ,
which the City, as a totally governmental agency, does
not find economically feasible at the particular time,
but which the owners or residents of a certain area may
deem to be necessary and desirable .
Sec. 35 . 203. Definitions .
"Open Space" or "Open Area" shall be defined as , but
shall not be limited to, any space or area characterized
by great natural scenic beauty or whose existing openness ,
natural condition, or present state of use, if retained,
would enhance the present or potential value of abutting
or surrounding urban development, or would maintain
or enhance the conservation of natural or scenic resources .
For the purposes of this article, open space or open
area shall mean any land or water area primarily in
its natural state which has value for park and recre-
ational purposes and which is designated as such in
the General Plan for the City of Chula Vista as amended
or as contained in an officially adopted community
or specific plan. It may also include so-called
"common areas" as designated in a planned unit devel-
opment approved in accordance with the provisions
of Chapter 33 of this Code, or open areas designated
in the design of a subdivision; provided, however, an
area to be acquired for this latter purpose may not
be acquired through the exercise of the. power of eminent
domain by the City of Chula Vista and the use of said
power of condemnation is reserved to open spaces or
open areas meeting the first two criteria set forth
above .
Sec . 35 . 204 . Procedure as Additional Alternative .
The procedure established herein for the acquisition,
development and maintenance of open spaces shall be
additional or alternative to any other procedure esta-
blished by ordinance of the City of Chula Vista or
state law; provided, however, that in proceeding
pursuant to this article, only the provisions contained
herein need be followed.
It is understood that open space developments under-
taken pursuant to this article shall serve to augment
any other open space programs including park land dedi-
cation requirements in new subdivisions or in lieu
payments therein, and shall not be considered as a
substitute therefor.
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� The maintenance aspects of this article may be contem-
' ' plated for application to open spaces acguired by City
through provisions of state laws and local ordinances
under suitable circumstances . The adoption and imple-
mentation of this ordinance in no way constitutes an
admission of deficiencies in other available programs ,
but seeks to provide a vehicle for the enhancement of
programs which are considered to be adequate by commonly
accepted standards , but inadequate for particularized
areas based upon mutual understanding of the City and
land owners within the proposed district.
Sec . 35 . 205 . Nature of Improvements and Scope of
Maintenance Requirements .
The means contemplated for development of open space
areas shall include, but not be limited to, gymnasiums ,
youth centers , multi-purpose recreational buildings ,
swimming pools , and basketball and tennis courts .
The maintenance of open space areas acquired and
developed pursuant to this article need not become the
sole obligation of the district established pursuant
to this article . The City of Chula Vista, may under
specified circumstances and in accordance with cri-
teria to be adopted by resolution of the City Council,
participate in said maintenance as the financial
capability of the City may from time to time change
in regard to projects developed pursuant to the pro-
visions of this article.
It is understood that initial terms and conditions
established at the time o£ the origination of a park
or an open space maintenance district may be modified
from time to time in order to insure an equitable
sharing of the burden of the maintenance of open space
areas .
Sec . 35 . 206 . Non-exclusiveness of Remedies .
The remedies provided in this article for the enforce-
ment of any assessment levied or bond issued in accordance
with the provisions of this article are not exclusive and
additional remedies may be provided or exercised at any
time .
Sec . 35 .207 . Necessary or Convenient Procedure
Authorized.
Any procedure not expressly set forth in this article
but deemed necessary or convenient to carry out any of its
purposes is hereby authorized.
Sec . 35 . 208 . Notice .
Whenever any notice is to be given as provided in this
article, and the officer or employee of the City to give
the notice is not designated, the notice shall be given
by the City Clerk . Any notice shall not be invalidated
because given or made by a person other than the one
whose duty it is to give notice .
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Sec . 35 . 209 . Authorized Acts .
In addition to matters specified elsewhere in this
article, the acts authorized under this article include
the following :
l . The formation of districts pursuant to this article .
2 . The acquisition of lands , properties and rights-of-
way necessary or convenient for open space or park and
recreation purposes .
3. The acquisition by condemnation, purchase, gift,
i grant, bequest, devise, lease, dedication or otherwise,
of the fee or any lesser interest, development right, ease-
ment, covenant or other contractual right of any lands ,
property or water areas necesssary or convenient for open
space purposes as defined herein.
4 . The improvement of any acquired lands as is
necessary or convenient for said purposes .
5 . The planning, maintaining, improving, protecting,
limiting the future use of , or otherwise conserving open
spaces and areas ; clearing and removing or ordering the
� clearing and removal of dry grass, stubble, brush or other
vegetation or rubbish, litter or other inflammable material
which endanger the public safety or health and do not con-
form to the plans and specifications for the development
and maintenance of said open spaces .
6 . Planting and maintaining trees, shrubs, lawns and
other vegetation.
7. Destroy and remove noxious , dangerous or unsightly
weeds .
8 . Making such regulations as are necessary or desirable
to limit the future use of the areas in order to maintain
or enhance their natural or scenic resources and to protect
the public health and safety .
9 . The utilization of City work forces or employment
of groundsmen-gardeners or other persons skilled in the
development and maintenance of open spaces for the pur-
poses set forth herein, or entering into contractual
agreements to accomplish said development and maintenance
with persons or firms skilled in such activity .
10 . The employment of engineers, attorneys and other
persons necessary and convenient for the doing of any act
authorized by this article, or for the doing of all acts
necessary and convenient for the accomplishment of the
purpose of this article .
ll . The enumeration of specific authority in this
section does not limit in any way the general authority
granted by this article .
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Sec. 35. 210 . Formation of District.
Proceedings for the formation of an open space district
may be initiated by petition signed by the owners of
� assessable land in the proposed district as shown on the
I last equalized assessment roll of the county, who own lands
of an assessed value, exclusive of improvements, of not
less than twenty-five percent (258) of the total assessed
value of all assessed land in the district, as shown on
the last county equalized assessment roll , or said pro-
� ceedings may be initiated by resolution of the City Council .
The petition shall be filed with the City Clerk . Assessable
land shall be deemed to be those lands which will be assessed
if the district is formed and the acquisition made as pro-
posed in the petition, or if any of the lands within the
proposed district are public land of the type described in
this article, such land shall be deemed assessable only
if the governing body or owner of said property shall have
filed its consent for the assessment on or before the date
of the filing with the Clerk of the petition or any supple-
mental petitions . The City Clerk shall check or cause such /
petition to be checked. If it is signed by the requisite '
� number of qualified signers , the Clerk shall certify to
that effect and shall present the petition and certificate
to the legislative body .
Sec . 35 . 211 . Petition; Contents .
The petition which may consist of one instrument or any
number of separate instruments shall contain:
1 . A general description of the exterior boundaries
of the proposed district or reference to an attached map
showing such boundaries .
2. A general description of the open areas proposed to
be acquired or accepted by the City, all of which lands must
lie wholly within the boundaries of the district .
3. A general description of the improvements proposed
to be made or constructed.
4 . A general description of the maintenance desired.
5 . A statement that an advisory board has been created
. to advise the City �on the establishment and operation of
the district, and the names of the membership thereof, or
the manner in which said membership will be selected in
the future.
� 6 . A request that bonds be issued pursuant to this
article and the term of, and interest rate, or maximum
interest rate, to be paid on said bonds .
7. A statement that the petition is filed pursuant
to this article and intended to carry out the purposes
of this article .
8 . A statement that the provisions of the Special
Assessment, Inves�igation, Limitation and Majority Pro-
test Act of 1931 are waived.
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Sec . 35 . 212 . Petition; Insufficient Signatures .
If the petition is not signed by the requisite number
of gualified signers , the Clerk shall certify to the Coun-
cil that said petition is insufficient. If the petition
, is insufficient, supplemental petitions may be filed with-
in three (3) months from the date of the certificate of
insufficiency, or such additional period as the Council
may allow, not to exceed six (6) months from the date of
the first certificate of insufficiency . ' � �
� Sec . 35 . 213 . Clerk Certification.
The Clerk shall certify the sufficiency of the petition
and any supplemental petitions to the Council if the peti-
tion, together with supplemental petitions, if any, shall
be signed by the requisite number of signers as shown on
the last equalized assessment roll upon the date of said
certificate . Such certification shall be conclusive as
to the sufficiency of the petition.
Sec . 35 . 214 . Legal Representative.
If any person shown on the last equalized assessment
roll to be the owner of land within the proposed district
shall be unable to sign by reason of legal disability or
shall cease to be the owner of all or any part of such
land before the petition or supplemental petition shall
have been filed with the Clerk, said petition or supple-
mental petition may be signed by the legal representative
(as hereinafter designated) or other successor in interest
of said owner. All petitions signed by a person other
than said owner shall be accompanied by written evidence
satisfactory to the Clerk , that the signer:
1 . In the case of a legal representative, is the duly
appointed guardian, executor or administrator of the
estate of said owner, or
2. In the case of other successors in interest, is
the holder of legal title to, or has the beneficial owner-
ship in, said land .
Sec . 35. 215 . Legislative Body ' s Preliminary Reoort;
Contents; Reference to and Recommendation
of Planning Commission.
Before the legislative body considers the adoption of
a resolution of intention to form the district, the Director
of Public Works and the Director of Parks and Recreation /
shall make and file with the City Clerk a preliminary
report, which report shall be filed with the Clerk and
forwarded to the Planning Commission within a reasonable
period of time so as to allow the Planning Commission
time�to�.proceed within forty (40) days of the submission
of the petition, and shall contain the following infor-
mation:
1. An analysis of the information contained in the
petition.
2 . An estimate of the costs of acquisition and the
improvements proposed.
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3. An estimate of the annual cost and expense of
maintenance of the open areas which benefit property �
within the proposed district. �
4 . A diagram or map showing :
(a) The boundaries of the district proposed to
be assessed and the public streets , alleys, ways
or other public places situated therein;
(b) Each parcel of land benefited by the acquisi-
tion, development and maintenance, giving each a
separate number or designation upon the diagram.
The said diagram, as approved by the legislative
body, shall govern for all .details' as to the lands
determined to be benefited by the acquisition,
development and maintenance and to thereafter be
assessed.
The preliminary report, prior to its filing with the GA
Clerk, shall be referred to the Planning Commission for , ��C� % 1
its recommendation upon the formation of such district. ' � -y��+''
The recommendation of the Planning Commission shall be �'��"��;�3
transmitted to the Clerk along with the preliminary re- S G `1•
port, and if said recommendation is not prepared within
forty (40) days of submission of the petition, said pre-
liminary report shall be deemed approved.
Sec. 35 . 216 . Preliminary Report; Filin and Considera-
tion; Fixing Time and Place for Hearin •
Adoption of Resolution; Inspection of
Report.
After the filing of the report, the Clerk shall present
it to the legislative body for consideration. The legisla-
tive body may approqe, amend, alter, modify or correct the
report or may direct changes to be made therein. When the ✓'
report has been approved by the legislative body, it may
fix a time and place for hearing objections to the proposed
formation of the district or to the report and may adopt
a resolution declaring its intention to form the district.
. . The report shall thereafter be open to inspection in the
office of the Clerk until the public hearing.
Sec . 35 . 217 . Resolution of Intention; Contents .
If the _legislative body determines that the public
interest and convenience require the formation of an open
space district, it may adopt a resolution declaring its
intention to form a district pursuant to the provisions
of this article . The resolution of intention, in addition
to making the foregoing determination, shall also contain:
1 . All of the contents set forth in the preliminary
report.
2 . A statement of the maximum tax levy necessary to
finance the maintenance as estimated.
3. A statement that an assessment will be levied pur-
suant to this article to pay the costs of acquisition and
development.
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, 4 . If bonds are to be issued, a statement that bonds
to represent unpaid assessments will be issued pursuant
to this article and the interest rate, or maximum interest
rate of any such bonds .
5 . A statement of the annual assessment limit on each
, one hundred dollars ($100 .00) of assessed valuation of
taxable lands and improvements within the district, and
that amounts so assessed shall be billed for and collected
as a part of the regular tax bills .
6 . The day, hour and place for the hearing by the Coun-
, cil of protests and objections to the formation of the pro-
posed district or to the proposed development or maintenance
of the open space , and a statement that any owner of property
liable to be assessed for the acquisition, development and
maintenance may make written protest against the proposed
development or maintenance or against the formation of the
proposed district or both, by filing a written protest with
the Clerk at any time not .later than the hour fixed for the
hearing. The. time for the hearing shall not be less than
fifteen (15) or more than sixty (60) days from the date of
the adoption by the Council of the resolution of intention.
Sec . 35 . 218 . .= Publication.
The resolution of intention shall be published once
in a newspaper of general circulation, as required by
the Charter of the City of Chula Vista. The publication
shall be not less than ten (10) days prior to the date �
fixed for the hearing of protests . ��
Sec . 35 . 219 . Mailing of Notice.
Notice of the adoption of the resolution shall be
mailed, postage prepaid, by the Clerk to each person to
whom land in the district is assessed as shown on the
last equalized County assessment roll , at his address
as shown upon the roll , and to any person, whether owner
in fee or having a lien upon or legal or equitable interest
in, any land within the district, whose• name and address
and a designation of the land in which he is interested is
on file in the Office of the City Clerk.
Sec . 35 . 220 . Termination of Proceedin s .
If at the hearing and after all proceedings , if any,
taken at the hearing for a change of boundaries have been
concluded, it appears that the owners of more than one-
half (1/2) of the area of the land included within the
proposed district and subject to assessment have made
objection in writing to the doing of the things proposed
to be done as an entirety, the Council shall so find.
Thereafter, the legislative body shall not "proceed further
under the resolution of intention and the proceeding is
terminated.
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Sec . 35 . 221. Further Proceedin s .
If the . owners of more than one-half (1/2) of the area
of the property included within the district and subject
. to assessment have not made written objections or protests
to the things proposed to be done as an entirety, the
Council may so find orally or otherwise and proceed with
the hearing.
Sec . 35 . 222 . Modification of Boundaries .
A. CounciZ Aetion. At the hearing the Council may :
1 . Modify the boundaries of the proposed district.
2. Add to the district land which, in its opinion,
will be benefited.
3. Exclude from the district any land described
in the resolution of intention which it finds will
not be benefited by the doing of the things pro-
posed to be done .
B. Notice . The hearing may be continued from time
to time by order entered on the minutes . The Council shall
not change the boundaries to include additional land in
the district except after notice of intention to do so,
given by the Clerk by mailing a copy of the notice to each
person to whom land in the area proposed to be added is
assessed as shown on the last equalized assessment roll,
at his address as shown upon the roll . The notice shall
describe the proposed change and specify the time for hear-
ing objections, which shall be at least fifteen (15) days
after the date o£ mailing of the notice .
C. Computation. If the boundaries are changed, ob-
jections or protests made by owners of land excluded by
the change shall not be counted in computing a majority
protest, but written objections or protests to the things
proposed to be done as an entirety made by owners of the
remaining assessable land in the district, including
assessable land added by a change , and filed with the
Clerk not later than the time set for hearing objections
to the proposed change, shall be included in computing a
majority protest.
Sec . 35 . 222�. Land not Benefited.
Any land which, in the judgment of the Council, will
not be benefited shall not be included in the district.
Sec . 35 . 223 . Change or Modification.
At the hearing, the Council may decrease, change or
otherwise modify the acquisitions of improvements proposed
by the resolution of intention. ,
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Sec . 35 . 224 . Protests .
1 . Termination by Majority Protest. If the proceedings
are terminated by a majority protest, a proceeding under
this article for the same, or substantially the same acquisi-
tion and improvement shall not be initiated within one (1)
year thereafter.
2 . Withdrawal of Protest. Any protest or objection
made pursuant to this article, or any signature to such
objection or protest, may be withdrawn by a written with-
drawal signed by the person or persons who signed the pro-
test or objection or who affixed the signature to be with-
drawn, and filed with the CTerk at any time prior to the
determination by the Council as to whether or not a majority
protest exists . Any protest, objection, or signature with-
drawn shall not be counted in computing a majority protest.
3. Waiver of Protest. Any objections or protests not
made at the time and in the manner provided by this article
are deemed waived voluntarily. �
4 . Determination of Protest . Except in the case of a
majority protest, the Council may sustain or deny by resolu-
tion any or all objections and protests , and its determina-
tion is final .
Sec . 35 . 225 . Estoppel .
Proceedings under this article shall not be attacked
after the hearing upon any ground not stated in an objec-
tion or protest filed pursuant to this article. Any land-
owner or person interested in any land within the district
is estopped to attack the proceedings upon any ground not
stated in a protest filed by him pursuant to this article .
Sec . 35 . 226 . Resolution Ordering Formation.
Unless the power to proceed has been terminated pursuant
to this article, at the conclusion of the hearing the Coun-
cil , by resolution, may find and determine that the public
interest and necessity require the acquisition and improve-
ment described in the resolution of intention or the acquisi-
tion and improvement remaining after any elimination made
pursuant to this article, and may order such acquisition
and improvement. If the acquisition and improvement are
ordered, the Council shall fix and establish the boundaries
of the district and declare that the district is formed
pursuant to this article .
Sec . 35 . 227 . Designation of District.
Each open space district formed pursuant to this article
shall be numbered, and the designation of the district
shall be substantially (using appropriate number) "Open
Space District No. of the City of Chula Vista.
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Sec . 35. 228 . Limitation of Actions .
Any action or proceeding to attack, review, set aside,
avoid or annul the resolution ordering the acquisition and
improvement and declaring the district formed, or any of
the proceedings , acts or determinations pursuant to this
� article taken, done or made prior to the adoption of such
resolution shall not be maintained by any person unless
such action or proceeding is commenced within sixty (60)
days after the date of adoption of such� resolution. There-
after all persons are barred from any such action or pro-
ceeding or any defense of invalidity of such resolution
or of such proceedings , acts or determinations .
Sec . 35 . 229 . .Effects of Defect or Error.
Any defect, error, or informality in the petition, the
Clerk 's certificate, .the publication, or mailing of notices ,
or of the landowner or person interested in the land to re-
ceive the notice shall not invalidate any proceeding pur-
suant to this article.
Sec . 35 . 230 . Condemnation.
1. Direction to Bring Action . In its resolution order-
ing the things proposed to be done and forming the district,
the Council shall make all' necessary findings and direct
an action be brought in the Superior Court in the name of
the City by the City Attorney for the condemnation of the
property necessary to be acquired as described in the
resolution.
2 . Condemnation of Fee or Lesser Estate. The fee
simple title or any lesser estates and interests as neces-
sary of any land to be acquired for open space purposes
shall be condemned, but the Council may contract for the
purchase of any such land and any land acquired by purchase
or by gift shall not be included in the condemnation action
or, if included, shall not be condemned.
Sec . 35 . 231 . Change of Work, Boundaries or Proceedin s .
1 . Defined. "Changes" as used in this article shall
include corrections , alterations , modifications , additions ,
omissions , increases or decreases .
2 . Time for Change . Unless the power to proceed shall
have ceased at the conclusion of the hearing on the resolu-
tion of intention because of a majority protest, at any
time before the confirmation of the assessment the Council
may make changes in, to or from the boundaries of the pro-
posed assessment district, the work proposed to be done,
or any act, determination or provision made, or permitted
to be made, by the Council under and pursuant to this article,
which act, determination or provision does not affect the
jurisdiction of the Council to order the work or improvement;
provided, that after the award of the contract no such
changes shall be made without the written consent of the
contractor or the bidder to whom the contract shall have
been awarded. The Council shall not change the boundaries
to include any territory which will not, in its judgment,
be benefited by the work .
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3. Changes Ordered. At the hearing on the resolution
of intention, the Council, without further notice and hear-
ing, may order any changes as defined herein, except changes
to include additional territory in the assessment district.
Any changes to include additional territory and all changes
after the hearing on the resolution shall be ordered only
as provided in Sections 35 . 232 through 35 .236 .
Sec . 35 . 232 . Resolution.
Before ordering any changes made, the Council shall
adopt a resolution briefly describing the changes proposed
to be made, stating the amount of the estimated increase
or decrease in the cost of the work by reason of said pro-
posed changes and giving notice of a time and place when
and where any interested having any objection to the changes
proposed to be made may appear before the Council and show
cause why said changes should not be ordered; said notice
shall be omitted if the hearing of objections is not re-
quired as provided hereunder. Said resolution may describe
said changes by referring to maps , plats , plans, profiles,
detailed drawings or specifications on file in the Office
of the City Clerk or Director o£ Public Works , which shall
indicate the changes proposed to be made and which shall
govern for all details thereof. The resolution shall be
published to Section 6061 of the Government Code, at least
ten (10) days prior to the date of the hearing.
The hearing of objections shall not be required if the
Council, when considering passage of the resolution, finds
and determines by a majority vote of all members thereof,
that all of the owners of lots or lands liable to be assessed,
or their agents (who shall make oath that they are such
agents) , have signed and filed a petition waiving said
hearing, with the Clerk, on or before the fifth day prior
to the day that the resolution is considered for passage,
declaring that they do not have any objections to the pro-
posed changes and requesting that the hearing of objections
shall not be required .
Sec . 35 . 233 . Additional Land.
If said resolution proposes to include additional terri-
tory in the assessment district, at least fifteen (15) days
prior to the hearing fixed therein, the Clerk shall mail a
copy of such resolution to all persons owning real property
within said additional territory whose names and addresses
appear on the last equalized assessment roll or as known to
the Clerk . This Section shall not apply if the hearing of
objections is not required pursuant to Section 35 .232�?. >
Sec . 35 . 234 . Objections .
Written objections to the proposed changes may be filed
with the Clerk by any interested person any any time not
later than the time set for the hearing. The Council shall
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hear and pass upon such objections at the time appointed,
or at any time to which the hearing thereof may be adjourned,
and its decision thereon shall be final and conclusive.
If no written objections to said changes have been delivered
to the Clerk up to the hour set for hearing thereon, or if
said objections have been heard and found by the Council to
, be insufficient or have been overruled or denied, immediately
thereupon the Council , by an affirmative vote of four-fifths
of its members , shall acquire jurisdiction to order said
changes made . If the hearing of objections is not required,
pursuant to Section 35 . 232 , immediately upon passage of the
resolution the Council shall acquire jurisdiction to order
said changes made . The decisions and determinations of
the Council ordering such changes shall be final and con-
clusive upon all persons entitled to appear thereupon to
the Council .
Sec . 35 . 235 . Limitations .
No changes shall be made pursuant to Sections 35 .231
through 35 . 234 which will increase the- estimated cost
by more than twenty percent (20�) of the total estimated
cost of the work as determined from:
1 . The Director of Public Works ' estimate, if the change
is ordered prior to the award of the contract; or
2. The successful bid, if the change is ordered after
the award of the contract; provided, that any changes so
made shall also be subject to the limitations, if any, con-
tained in any law applicable to the proceedings , which law
may impose limitations upon the amount by which the estimated
cost of the work or improvement may be increased by reason
of such changes .
Sec . 35 . 236 . Sureties .
Any changes made pursuant to Sections 35 . 231 through
35 . 234 shall not release or discharge the sureties upon any
bond required under this article .
SECTION II : This ordinance shall take effect and be in full
force on the thirty-first day from and after its passage and approval .
Presented by Approved as to form by
_ �J'�' // L /� ��_�r� �� /�/`�� ' �
� � v �
Bruce H . Warren, Director o George D. Lin erg, City Attorney
Planning
- 13 -
0
Yv
I
ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA, this 13th day of June_ 197P
, ,
by the following� vote , to-wit :
AYES : CUU�te�.Qmen ' Scott, Hobel , Hamilton,Hyde, Egdahl
NAYES : Cuunc.�2men None
ABSENT: Cau�ic�.2meit None
- ���'y� / �
ayoK o6 .t e C�,.ty�'o6 Chu2a V�e.ta
ATTEST , �J
C�..ty . en
STATE OF CALIFORNIA )
�GJNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I , JENNIE M. �ULASZ , C�.ty C2enh ab .the C�..ty ob Chu2a V�,h.ta,
CaX�i.boxn�a, DU HER�BV CERTIFY .tha.t -the aba�e and boaego.�ng �a a . 6u2k,
.taue and coxaee.t capy o6
and .tha.t .the eame hab nati beeii amended on nepeaQed.
DATED:
C�..ty C�en
oa
�