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HomeMy WebLinkAboutReso 1992-16567 RESOLUTION NO. 16567 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING APPOINTMENTS AND APPROVING AGREEMENT IN ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON ROAD, PHASE II) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the formation of a special assessment district, 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, for the installation of certain public works of improvement, together with appurtenances and appurtenant work, said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 91-1 (TELEGRAPH CANYON ROAD, PHASE II) (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time, this legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law; and, WHEREAS, there has been submitted to this City Council for review and approval, an 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 said Agreement. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the DIRECTOR OF PUBLIC WORKS is hereby appointed to perform all of the duties and functions of the Superintendent of Streets as said duties ar specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above- referenced Assessment District. SECTION 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 4. That the STAR NEWS is hereby designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. Resolution No. 16567 Page 2 SECTION 5. That the WILLDAN ASSOCIATES is hereby appointed the Assessment Engineer for said proceedings, and said Assessment Engineer shall perform all of hte duties and responsibilities as set forth by law as they related to said Assessment District. SECTION 6. That BROWN, DIVEN & HENTSCHKE, Attorneys at Law, is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and the enforceability of the bonds. SECTION 7. That KADIE-jENSEN, JOHNSON & BODNAR is hereby appointed as Financial Consultant for purposes of obtaining a proposal or bid for the sale of bonds to be issued in order to finance said proceedings, and said bonds are to be issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 8. That the Acquisition/Financing Agreement, known as document number C092-052, a copy of which is on file in the office of the City Clerk, as submitted for the referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. A copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. SECTION g. That this legislative body hereby establishes a special IMPROVEMENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as authorized by law, funds from any available source may be transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the installation of the authorized public improvements, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. Resolution No. 16567 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of April, 1992, by the following vote: YES: Councilmembers: Grasser Horton, Moore, ~ndone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: Malcolm ABSTAIN: Councilmembers: None Tim NadeF; M~yor ATTEST: Beverly ~. Aut ele , 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. 16567 was duly passed, approved, and adopted by the City Council held on the 7th day of April, 1992. Executed this 7th day of April, 1992. Beverly X- Authelet, City Clerk