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HomeMy WebLinkAboutReso 1986-12792RESOLUTION NO. 12792 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING APPOINTMENTS AND APPROVING AGREEMENTS IN A SPECIAL ASSESSMENT DISTRICT 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 construction of certain public works of improvement, together with appurtenances and appurtenant work, said special assessment district to be known and designated as EAST "H" STREET ASSESSMENT DISTRICT (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 presented for consideration by this legislative body certain consulting agreements for project management, assessment engineering, financial consultant and bond counsel; and, WHEREAS, there has also been presented for consideration and approval by this legislative body an executed Reimbursement Agreement to provide for certain monies to be advanced to pay for preliminary costs and expenses, and a deposit has been made pursuant to said Reimbursement Agreement in the amount of $100,500.00. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the CITY ENGINEER 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. 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 GEORGE SIMPSON is hereby appointed the Project Manager for this Assessment District. 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. SECTION 8. SECTION 9. SECTION 10. That KADIE-JENSEN & JOHNSON is hereby appointed Financial Consultant, and is hereby directed to obtain 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. That F. MACKENZIE BROWN, INC., 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. That the following Agreements are hereby accepted and authorized for execution by the Mayor and City Clerk: PROJECT MANAGEMENT: ASSESSMENT ENGINEERING: FINANCIAL CONSULTANT: BOND COUNSEL: REIMBURSEMENT AGREEMENT: GEORGE T. SIMPSON WILLDAN ASSOCIATES IGADIE-JENSEN & JOHNSON F. MACKENZIE BROWN, INC. RANCHO DEL REY PARTNERSHIP 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, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this 28th ST: . ~ CITY OF CHULA VISTA STATE OF CALIFORNIA day of gctober , 1986. CITY T OF STATE OF CALIFORNIA Approved as to form by ~rles R. Gill, Assistant City Attorney STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 12792 , was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 28th day of October , 1986, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Malcolm, Campbell, NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None Moore, Cox, HcCandliss EXECUTED this day of , 1986, at Chula Vista, California. CLERK OF C.ULA VISTA STATE OF CALIFORNIA CI'IY OF CHUIA VISTA