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HomeMy WebLinkAboutReso 1990-15919 RESOLUTION NO. 1591g RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS AT LOCATION SPECIFIED ON BOUNDARY MAP 90-4 AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE Ar|D ORDER CONSTRUCTION OF SAID IMPROVEMENTS 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", being Division 7 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 1911 BLOCK ACT - PHASES XIX THRU XXII CASH CONTRACT (hereinafter referred to as the "Assessment District") and, WHEREAS, Section 5875 and 5876 of said Streets and Highways code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of properties with the costs thereon to be assessed as set forth under the provision of said Chapter 27. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DESCRIPTION OF IMPROVEMENT SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements, including pavement, curbs and gutters, sidewalks, and driveway approaches and appurtenances where required, excepting acceptable improvements in place in various non-contiguous areas in the City in what is known as 1911 Block Act - Phases XIX thru XXII Cash Contract. PLANS 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 name of the Assessment District, which said plans are 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 said plans and specifications as on file in the Office of the City Engineer. AREA OF BENEFIT 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 Resolution No. 15919 Page 2 -- of the Assessment District, which District is declared to be the area and abutting properties benefiting 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 the name of number of this Assessment Districts, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. RESPONSIBILITY OF PROPERTY OWNER SECTION 5. Pursuant to the provisions of Section 5875 of the provisions of Chapter 27 of the "Improvement Act of lgll", it is hereby declared to be the responsibility of the owner of the lots or portions of lots fronting on the public street where this le islative body, pursuant to said Section, by its own motion, orders the installation of the and the property improvements, owners shall have the duty and responsibility of constructing or causing the construction of said improvements in front of 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. IMPROVEMENT ACT SECTION 6. That all of the work and improvements herein proposed shall ' be done and carNed through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 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. PUBLIC HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 4TH DAY OF DECEMBER, 1990, AT THE HOUR OF 4:00 O'CLOCK 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 OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. PAYMENT OF ASSESSMENT 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", being Division 7 of the Streets and Highways code of the State of California. The number of annual installments shall be lO and the interest rate shall be 7 percent per annum. Resolution No. 15919 Page 3 NOTICE SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the properties fronting on that portion of the street in the block where the 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 d prosecute to completion sai work. A. Notice shall be given by delivering a written notice personally to the owner or to the person in possession of the property fronting the improvements, OR by mailing a postal card, postage prepaid, to the person at his 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 in the records of the City Clerk. B. The Superintendent of Streets shall also immediately cause a copy of said notice, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property. C. 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 a time and place for public hearing. COST ESTIMATE SECTION 10. The estimated cost of the works of improvement as proposed under these proceedings, is estimated to be $250,000. PROCEEDINGS INQUIRES SECTION ll. For any and all information relating to these proceedings, including information relating to the protest procedure, your attention is directed to the person designated below: SHALE HANSON, ASSOCIATE CIVIL ENGINEER CITY OF CHULA VISTA P.O. BOX 1087 CHULA VISTA, CA 92010 TELEPHONE: (619) 691-5114 Presented by Approved as to fo d n P. Llpp~~ Bruce M. Boogaard D~of Public Works City Attorney Resolution No. 15919 Page 4 A PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 6th day of November, 1990 by the following vote: AYES: Councilmembers: McCandliss, Moore, Nader, Cox NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Gre~y~. C~x, May~r ATTEST: Beverly ~. Au~he~ City Cler 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. 15919 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, California, at a regular meeting of said City Council held on the 6th day of November, 1990. Executed this 6th day of November, 1990.