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HomeMy WebLinkAboutReso 1991-16381 RESOLUTION NO. 16381 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENTS FOR ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the formation of a special assessment district under 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 in a special assessment district, said assessment district known and designated as ASSESSMENT DISTRICT NO. 90-1 (SALT CREEK I) (hereinafter referred to as the Assessment District"); and, WHEREAS, the Streets and Highways Code of the State of California, specially the "Municipal Improvement Act of 1913", expressly allows the acquisition of any improvements that are authorized to be installed under said law, and the property owner, in order to proceed in a timely way with his development, desires to install and/or cause the installation of certain of the works of improvement, with said improvements to be subsequently acquired and financed under these proceedings for this Assessment District; and, WHEREAS, at this time 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; and, WHEREAS, pursuant to Section 10110 of the Streets and Highways Code of the State of California, it is required that prior to the time that any works of improvement are ordered pursuant to said proceedings, the legislative body may authorize the financing of facilities that shall be owned by other public agencies and/or regulated public utilities, who will have legal title to the facilities, as well as subsequent responsibilities for management and maintenance; and, WHEREAS, it is further provided that any such agreement shall be made prior to the adoption of the Resolution Ordering Work under the assessment proceedings; and, WHEREAS, at this time, contracts have been reviewed and submitted pursuant to the authorization of Section 10110 of said Streets and Highways Code. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION I. That the above recitals are all truce and correct. SECTION II. That the Acquisition/Financing Agreement, known as document number C091-195, a copy of which is on file in the City Clerk's office, as submitted for the referenced Resolution No. 16381 Page 2 -- Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION III. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. SECTION IV. The final prices to be paid for said improvements shall be priced as determined by the City to be reasonabl e, to represent the actual costs and expenses for the installed works of improvement, including all appropriate incidental expenses. SECTION V. That the agreements and assignments, herewith submitted, relating to the installation of certain improvement facilities that will be under the ownership, management and control of other public agencies or regulated public utilities, are hereby submitted and herewith approved. The following listed agreements, known as documents number C091-194A, C091-194B, and C091-194C, copies of which are on file in the office of the City Clerk, are hereby authorized _ for execution on behalf of the City. Said Agreements relate to facilities to be owned by the following listed public agencies or regulated public utilities: A. San Diego Gas & Electric Company B. Pacific Bell C. Otay Water District SECTION VI. That immediately upon execution, conformed copies of said agreements and assignments shall be transmitted to the offices of the respective public agency or utility company, together with a copy of this Resolution. Presented by Resolution No. 16381 Page 3 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 22rid day of October, 1991, by the following vote: YES: Councilmembers: Grasser Horton, Malcolm, Moore, Nader Rindone NOES: Councilmember: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Tim Nader, Mayor ATTEST: ev~X ~t~elet ~ity 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 certifythat the foregoing Resolution No. 16381 was duly passed, approved, and adopted by the City Council held on the 22nd day of October, 1991. Executed this 22nd day of October, 1991.