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HomeMy WebLinkAboutReso 2003-095RESOLUTION NO. 2003-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING THE INSTALLATION OF CERTAIN IMPROVEMENTS ON QUINTARD STREET, APPROVING THE PRELIMINARY ASSESSMENT ENGINEER'S REPORT, SETTING THE TIME AND PLACE FOR A PUBLIC HEARING, AND ORDERING THE INITIATION OF BALLOT PROCEEDINGS WHEREAS, the City Council (the "City Council) of the City of Chula Vista (the "City"), California, has been presented and has received a petition from certain property owners requesting the installation of certain improvements, including curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith, such improvements to be installed pursuant to the provisions and authority of Chapter 27 ("Chapter 27'')of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, the City Council, acting in response to such petition, desires to initiate proceedings to order the installation of such sidewalk improvements pursuant to the provisions of Chapter 27 and to initiate proceedings pursuant to the provisions of Chapter 27, Article XIIID of the Constitution of the State of California ("Article XIIID") and the Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and following) (the "Implementation Act') (Chapter 27, Article XIIID and the Implementation Act may be referred to collectively herein as the "Assessment Law") to form an assessmem district for the propose of financing the cost of the installation of certain of those improvements, such assessment district to be known and designated as Assessment District No. 2002-1 (Quintard Street) (the "Assessment District"); and WHEREAS, there has been prepared and filed with this legislative body a report (the "Report") of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment District as provided for in and required by the Assessment Law and the Report has been presented to this legislative body for its consideration. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. Recitals. The above recitals are all true and correct. SECTION 2. Description of Improvements. The public interest and convenience requires, and this City Council hereby orders the installation of the following public improvements (the "Improvements": Curb, gutter, sidewalk and street improvements on Quintard Street between Third and Fourth Avenues, together with appurtenances and appurtenant work in connection therewith. SECTION 3. Plans and Specifications. All of the Improvements shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans and specifications for such Improvements designated by the name and number of the Assessment District which are on file in the office of the Director of Public Resolution 2003-095 Page 2 Works. For all particulars as to the alignment of the Improvements and a full and detailed description of such improvements, referenced is hereby made to such plans and specifications. SECTION 4. Area of Special Benefit. In the opinion of this City Council, certain of the Improvements, namely the curb, gutter and sidewalks, will be of general benefit to properties located both within and outside the proposed Assessment District. The driveway aprons, however, will be of special benefit to the abutting and fronting properties. It is the intention of this City Council to make the expenses of the construction of such driveway aprons assessable upon such properties within the proposed boundaries of the Assessment District. For a general description of the Assessment District and area of special benefit, reference is made to the map of the boundaries of the Assessment District identified as "Proposed Boundaries of Assessment District No. 2002-1 (Quintard Street)". A copy of such map is on file in the office of the Director of Public Works and open to public inspection during normal office hours of such depamnent. It is the further intention of this City Council that the cost of the construction of the Improvements representing the general benefit to be conferred by such Improvements shall be paid for by a contribution from the City. SECTION 5. Construction of the Improvements. This City Council hereby orders the Superintendent of Streets to cause the construction of the Improvements. The Superintendent of Streets shall first give notice pursuant to the provisions of Chapter 27 to the owners of properties served by driveway aprons of their right to construct such driveway aprons and thereby avoid the levy of an assessment to finance such construction. Such notice shall specify that if the construction of such driveway aprons is not commenced within 60 days after such notice is given and diligently and without interruption prosecuted to completion, the Superintendent of Streets shall cause such construction to be done together with the construction of the remainder of the Improvements. SECTION 6. Authority for Construction. All of the construction proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27. SECTION 7. Approval of the Report. The Report referred to heroin above is adopted, passed upon, and preliminarily approved, and contains the following: A. A description of the Improvements to be constructed; B. The plans and specifications for the Improvements proposed to be constructed; C. The Assessment Engineer's estimate of the itemized and total costs and expenses of the construction of the Improvements and of the incidental expenses in connection therewith contained in the Report. Such estimate shall include (a) that portion of such costs and expenses representing the general benefit to be conferred by such Improvements and (b) that portion of such costs and expenses representing the special benefit to be conferred by such the driveway aprons on those parcels within the Assessment District to be served by such driveway aprons; D. The diagram showing the Assessment District and the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this resolution, each of which subdivisions have been given a separate number upon such diagram, as contained in the Report; and E. The proposed assessment upon the several subdivisions of land in the Assessment District, in proportion to the estimated special benefits to be conferred on such subdivisions, respectively, by the driveway aprons to be constructed, and of the Resolution 2003-095 Page 3 incidental expenses thereof, as contained in the Report if such driveway aprons are not constructed by such property owners. The Report shall stand as the Report of the Assessment Engineer for the purpose of all subsequent proceedings had pursuant to the Assessment Law. SECTION 8. Notice of Public Hearing. Notice is hereby given that a public hearing to consider protests to the proposed assessments is hereby scheduled to be held at the City Council meeting room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista, California on May 6, 2003 at 4:00 pm. AS such public hearing, the City Council will hear and pass upon objections or protests, if any, which may be raised orally or in writing by any property owner or any other interested person. In addition, pursuant to the provisions of the Assessmem Law, each record owner of property proposed to be assessed has the right to submit an assessment ballot in favor of or in opposition to the proposed assessment. Assessment ballots will be mailed to the record owner of each parcel located within the Assessment District and subject to a proposed assessment. Each such owner may complete such assessment ballot and thereby indicate their support for or opposition to the proposed assessment. All such assessment ballots must be received by the City Clerk at the following address at or before the tune set for the close of the public hearing: City Clerk, City of Chula Vista 276 Fourth Avenue Chula Vista, California 91910 An assessment ballot received after the close of the public hearing will not be tabulated even though the postmark on the envelope transmitting the assessment ballot is dated on or before the date of the public hearing. At the conclusion of the public hearing, the City Council shall cause the final tabulation of the assessment ballots timely received. If a majority protest exists, the City Council shall not impose an assessment within the Assessment District. A majority protest exists if, upon the conclusion of the public hearing, assessment ballots submitted in opposition to the assessments within the Assessment District exceed the assessment ballots submitted in favor of such assessments. In tabulating the assessment ballots, the assessment ballots shall be weighted according to the proportional financial obligation of the affected property. SECTION 9. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be mailed notice of the public hear'mg and the adoption of this and of the filing of the Report, together with the assessment ballot materials, to the record owner of all real property proposed to be assessed. Resolution 2003-095 Page 4 Presented by Approved as to form by n~er-m~a~r°~lctor Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 4th day of March, 2003, by the following vote: ATTEST: Councilmembers: Councilmembers: Councilmembers: AYES: NAYS: ABSENT: Davis, Rindone, Salas, McCann and Padilla None None Susan Bigelow, City ClerlV' 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. 2003-095 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 4th day of March, 2003. Executed this 4th day of March, 2003. Susan Bigelow, City Clerk