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HomeMy WebLinkAboutReso 1990-15909 RESOLUTION NO. 15909 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING FINDINGS ON PETITION AND APPROVING AGREEMENT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented by certain property owners an executed Petition requesting the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be constructed 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. 90-3 (EASTLAKE GREENS, PHASE I) (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requirements of Sections 2804 and 2804.5 of Division 4 of the Streets and Highways Code of the State of California; and, WHEREAS, the Streets and Highways Code of the State of California, specifically the "Municipal Improvement Act of 1913", expressly authorized the acquisition of any improvements that are authorized to be constructed under said law, and the property owner, in order to proceed in a timely way with his development, desires to construct and/or cause the construction of certain works of improvement prior to the adoption of the Resolution of Intention; and, WHEREAS, at this time there has been submitted to this City Council for review and approval, and Acquisition/Financing Agreement setting forth certain terms and conditions, as well as estimated prices and quantities of work to be installed and financed pursuant to the above-referenced Agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is hereby found that said Petition has been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District, and said Petition meets the requirements of Sections 2804 and 2804.5 of Division 4 of the Streets and Highways Code of the State of California. Resolution No. 15909 Page 2 SECTION 3. This legislative body hereby further finds and determines, based on written evidence submitted, that the total estimated amount of the proposed assessments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. SECTION 4. That it is hereby further determined and found that said Petition has been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. SECTION 5o That said Petition shall be filed with the transcript of these proceedings and shall remain open to public inspection. SECTION 6. That the Acquisition/Financing Agreement, as submitted for the referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 7. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. Presented by Approved as to form by Resolution No. 15909 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 16th day of October, 1990 by the following vote: AYES: Councilmembers: Malcolm, Moore, Cox NOES: Councilmembers: None ABSENT: Councilmembers: McCandliss, Nader ABSTAIN: Councilmembers: None ATTEST: Beve~rA. ~uthelet,~ 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. 15909 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said Council held on the 16th day of October, 1990. Executed this 16th day of October, 1990.