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HomeMy WebLinkAboutReso 1991-16446 NOT APPROVED RESOLUTION NO. 16446 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA MAKING APPOINTMENTS AND APPROVING AGREEMENT IN ASSESSMENT DISTRICT NO. 89-3A 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. 89-3A (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, the Streets and Highways Code of the State of California, specifically the "Municipal Improvement Act of 1913", expressly authorizes 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 works of improvement; 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 acquired and financed pursuant to the above-referenced 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. Resolution No. 16446 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 the Acquisition/Financing Agreement, as submitted for the referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 6. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. SECTION 7. 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. Presented by Approved as to form by John P. Lippitt Bruce M. Boogaard Director of Public Works City Attorney Resolution No. 16446 Page 3 NOT PASSED, APPROVED, or ADOPTED by the City Council of the City of Chula Vista, California, this 17th day of December, 1991: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk