Loading...
HomeMy WebLinkAboutReso 1990-15973 RESOLUTION NO. 15973 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING INTENTION AND COVERING PRELIMINARY DETERMINATION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; ORDERING THE PREPARATION OF A REPORT DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS The City Council of the City of Chula Vista, California, does hereby resolveas follows: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), except where expressly modified or amended by the provisions of the City of Chula Vista Special Assessment Procedural Ordinance No. 2397, to order the acquisition of certain public improvements, together with appurtenances and appurtenant work, 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"). DESCRIPTION OFIMPROVEMENTS -The improvements to be acquired and financed under these proceedings are generally described as street improvements consisting of grading, base, paving, curb, gutter, sidewalk, street lighting and landscaping, utilities and underground improvements consisting of water facilities, sanitary sewers, storm drains, irrigation facilities and utility facilities, together with appurtenances and appurtenant work, to serve and benefit properties located within the boundaries of the Assessment District. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work to be acquired are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work, improvements and acquisition chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: Resolution No. 15973 Page 2 All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 90-3 (EASTLAKE GREENS, PHASE I), and which map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, excepting therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved and on file. REPORT OF ENGINEER SECTION 3. That this proposed acquisition is hereby referred to WILLDAN ' ASSOCIATES, the duly appointed ASSESSMENT ENGINEER, who is hereby directed to make and file a combined report as authorized by Section 2961 of the Streets and Highways Code of the State of California, said report to be in writing and contain the following: A. Plans of the "as-built" improvements to be acquired; B. An estimate of the cost of the acquisition of the "as-built" works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred tO, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition - of improvements. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; Resolution No. 15973 Page 3 E. The description of the works of improvement to be acquired under these proceedings; F. The total amount, as near as may be determined, of the principal sum of any unpaid special assessments previously levied or pending, other than those contemplated in these proceedings. G. The true value of the parcels of land and improvements which are proposed to be assessed. Said true value may be estimated as the full cash :value of the parcels as shown upon the last equalized assessment roll of the county. When any portion or percentage 6f the cost and expenses of the acquisition is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said acquisition, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this section. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum. rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915:, being Division lO of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day of September next succeeding twelve (12) months from their date. llne provisions of Part ll.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an ,even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the 'provisions of the Streets and Highways Code of the State of California, specially Section 10603, the Treasurer is hereby designated as the officer to collect and Resolution No. 15973 Page 4 : ' receive the assessm~nt~ ~during the cash collection period. Said bonds further shallbe serviced by the Treasurer or ! !designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT 0F1913" SECTION 5. That.except as herein otherwise provided for the issuance of bonds, all of said 8cqdi!sition shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12'of the Streets and Highways Code of'~the State of Cal~fOr~ia,'and applicable Sections of the City of Chula Vista Special Assessment Procedural Ordinance No. 2397. SURPL:US FUNDS SECTION 6. That i f any excess shalT be r~alized 'from the assessment, it shall be used, in such amounts as the legislative body may determine, in accordance with the provisions of 1 aw for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B:' As a credit upon the assessment and any supplemental '~ssessment; or ~ C. For the maintenance of'the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special assessment fund i denti fied and designated by the name of th i s Assessment District, and into said Fund monies may be trahsferred at ahy ti~e to' expe0ite 'the making of the acquisition hereih authorized, and'any Such advancement of ! f~nds is a loan and ~shall"be repaid out, of the proceeds of ' the sale of bonds as authorized b7 Taw. PROCEEDINGS INQUIRIES -- SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: Resolution No. 15973 Page 5 JOHN P. LIPPITT, PUBLIC WORKS DIRECTOR CITY OF CHULA VISTA P. O. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5021 PUBLIC PROPERTY SECTION 9. All public property in the ~se and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 10. That the public interest and convenience and the statute authorizes the acquisition of those improvements as described in this Resolution, and said improvements are in existence and have been installed in place prior to trhe date ~of adoption of this Resolution. For a general description of the works of improvement, reference is made to the previously approved acquisition/Financing Agreement, as approved by this legislative body, a copy of which is on file with the transcrip~ of these proceedings. NO CITY LIABILITY SECTION ll. This legislative body hereby further declares not to obligate itself to advance available funds from the Treasury to cure any deficiency which may occur in the bond redemption fund. This determination is made pursuant to the authority of Section 8769(b) of the Streets and Highways Code of the State of Call fornia, and said determination shall further be set forth in the~ext of the bonds issued pursuant to the "ImprOVement B6nd'A~t'Of'lglS"~' ' . DIVISION 4 PROCEEDINGS SECTION 12. That this legislative body is in compliance with the provisions of Division 4 of the Streets and Highways Code of the State of California, and compliance has been met as follows: A. 60% petition signed by property owners has been filed with the legislative body. B. Combined Engineer's "Report" as authorized by Section 2961 will be filed and be a part of these proceedings. Resolution No. 15973 - Page 6 ~NNUAL ADMIN~TRATIVE'XSSESSMENT SECTION 13. It is hereby declared that. this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways ~Code of the State of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administrative and collection of .asSeSSments or from the administration or registration of any associated bonds and reserve of other reTa~ed funds. UTILITY IMPROVEMENTS SECTION 14. This legislative body further proposes to enter into an Agreement with the following listed agencies and/or regulated utility companies, said Agreements setting forth certain terms and' conditions relating to the ownership, management and control ofcertain utility improvements: A. San Diego Gas & Electric Co. - Gas and electrical _ facilities B. ~acific Bell - TelephOne facilities C. Otay Water DiStrict :- Water facilities D. Cable operat~ occUpyingspace!in public right of way A copy of each agreement shall be, upon approval, on file in the Office of the City Clerk Presented by and Approved as to fo[m..b~: City Attorney 'ar'~ ' Resolution No. 15973 Page 7 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this llth day of December, 1990 by the following vote: AYES: Councilmembers: McCandliss, Malcolm, Moore, Nader, Rindone NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ATTEST: 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. 15973 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 ll th day of December, 1990. Executed this 11 th day of December, 1990. Beverly A~ Authelet, City Clerk