HomeMy WebLinkAboutReso 2003-046- RESOLUTION NO. 2003-046
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE CHANGE AND
MODIFICATION OF THE ENGINEER'S REPORT FOR
ASSESSMENT DISTRICT NO. 97-2 (OTAY VILLAGE ONE)
AND APPROVING THE USE OF SURPLUS FUNDS IN SAID
DISTRICT TO FUND A PORTION OF PASEO RANCHERO
(HERITAGE ROAD), SOUTH OF EAST PALOMAR STREET
WHEREAS, the City Council of the City Of Chula Vista has previously undertaken
proceedings to form and did form, pursuant to the terms and provisions of the "Municipal
Improvemem Act of 1913", being Division 12 of the Streets and Highways Code of the State of
California (the "Improvement Act"), Assessment District designated as Assessment District No.
97-2 (Otay Village One) (The "Assessment District"); and
WHEREAS, the City Council authorized the issuance of bonds pursuant to the
Improvement Bond Act of 1915 representing the unpaid assessments within the Assessment
District to finance the acquisition of certain public facilities including Transportation
Development Impact Fee facilities (the "TDIF Facilities"); and
WHEREAS, the estimated cost to acquire the TDIF Facilities as set forth in the
Assessment Engineer's Report for the Assessment District (the "Assessment Engineer's Report")
was $2,154,592 (the "Engineer's Estimate") and the assessments levied within the Assessment
District were based upon such Engineer's Estimate; and
WHEREAS, the actual cost to acquire such TDIF Facilities was lower than the Engineer's
Estimate by $309,045; and
WHEREAS, building permits have been issued for residential dwelling units within the
Assessment District and TDIF credits assigned based upon the Engineer's Estimate; and
WHEREAS, it appears to be in the best public interest to order certain changes and
modifications in the proceedings and the Assessment Engineer's Report to show the addition of
that portion of Pasco Ranchero Road (Heritage Road) from East Palomar Road to Olympic
Parkway to the TDIF Facilities authorized to be financed by the Assessment District; and
WHEREAS, such modification will result in the equalization of the cost of the
acquisition of the TDIF Facilities financed by the Assessment District with the TDIF credits
granted to the properties within the Assessment District; and
WHEREAS, such modification will not result in an increase of the overall assessment
within the Assessment District or in an increase in the assessment levied on any parcel within the
Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED:
SECTION 1. The above recitals are all true and correct.
Resolution 2003-046
Page 2
SECTION 2. This City Council hereby orders that the Assessment Engineer's Report be
modified to include the acquisition of that portion of Paseo Ranchero Road (Heritage Road) from
East Palomar Road to Olympic Parkway.
SECTION 3. Such changes and modifications are hereby ordered pursuant to Streets and
Highways Code Section 10352. Such changes and modifications will not result in an increase of
the overall assessment within the Assessment District or in an increase in the assessment levied
on any parcel within the Assessment District or result in the inclusion of any properties not
originally within the boundaries of the Assessment District.
SECTION 4. Such changes and modifications, as so ordered, are in the best interests and
convenience of Assessment District and the property owners within the boundaries of the
Assessment District and the Assessment Engineer's Report, as so modified, shall now stand as
the final report for all subsequent proceedings related to this Assessment District.
Prepared by Approved as to form by
ng~ring Director ~/t2~ty Attorney
Resolution 2003-046
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this llth day of February, 2003, by the following vote:
AYES: Councilmembers: Davis, Rindone, Salas, McCann and Padilla
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
ATI'EST:
Susan Bigelow, City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
- CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2003-046 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the llth day of February, 2003.
Executed this llth day of February, 2003.
Susan Bigelow, City C14r-k