HomeMy WebLinkAboutReso 1991-16126 RESOLUTION NO. 16126
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA, CALIFORNIA, MAKING APPOINTMENTS, APPROVING
DOCUMENTS AND AUTHORIZING THE MAYOR TO EXECUTE NEW
ACQUISITION/FINANCING AGREEMENT IN ASSESSMENT DISTRICT
NO. 88-1 (OTAY LAKES ROAD, PHASE I)
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. 88-1 (OTAY LAKES ROAD, PHASE
I) (hereinafter referred to as the "Assessment District"); and,
WHEREAS, this legislative body is now 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, an Amendment to the Petition has been received, requesting
certain additional works of improvement which will also cause a modification
and amendment in the boundaries as proposed for this Assessment District; and,
WHEREAS, there has now been submitted a new Acquisition/Financing
Agreement, incorporating the original work, as well as certain additional work
which is now deemed necessary and integral to the works of improvement
proposed to be installed in the Assessment District.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the PUBLIC WORKS DIRECTOR is hereby appointed to
perform all of the duties and functions of the
Superintendent of Streets as said duties are 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.
Resolution No. 16126
Page 2
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.
SECTION 5. That MUNICIPAL FINANCE ADMINISTRATION is hereby appointed to
act as Project Manager for purposes of coordinating all
hases of the proceedings relating to this Assessment
~istrict.
SECTION 6. That WILLDAN ASSOCIATES is hereby appointed the Assessment
Engineer for said proceedings, and said Assessment Engineer
shall perform all of the duties and responsibilities as set
forth by law as they relate to said Assessment District.
SECTION 7. That BROWN, HARPER, BURNS & 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 8. That KADIE-JENSEN, JOHNSON & BODNAR is hereby appointed as
the Financial Consultant and is authorized to obtain a
proposal or bid for the sale of bonds to be issued in order
to finance said proceedings, said bonds to be issued
pursuant to the terms and provisions of the "Improvement
Bond Act of 1915", being Division lO of the Streets and
Highways Code of the State of California.
SECTION 9. That the Amendment to Petition as submitted is hereby
approved and it is hereby determined that said Amended
Petition has been signed by property owners of record and
all interested persons, and meets the requirements of
Division 4 of the Streets and Highways Code of the State of
California. It is hereby further expressly declared that
said new and additional improvements shall be consolidated
for purposes of financing in this Assessment District.
SECTION lO. That the new Acquisition/Financing Agreement by and between
the City and EastLake Development Company is hereby approved
and the Mayor is authorized to execute said Agreement.
SECTION ll. That a copy of said new Acquisition/Financing Agreement
shall be kept on file in the Office of the City Clerk and
remain open for public inspection.
Resolution No. 16126
Page 3
SECTION 12. 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 public 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.
Presented by Appro ed as tc lorm by
..blic .orks CityeA "toBr : '"
Resolution No. 16126
Page 4
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 9th day of April, 1991 by the following vote:
AYES: Councilmembers: Moore, Nader, Rindone
NOES: Councilmembers: None
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
L o Moore
e nard M.
Mayor, Pro-Tempore
ATTEST:
Beverly
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. 16126 was duly passed,
approved, and adopted by the City Council held on the 9th day of April, 1991.
Executed this 9th day of April, 1991.
Beverly ~/Authelet, City Clerk