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HomeMy WebLinkAboutReso 1986-12546 (a) RESOLUTION NO. 12546 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION AND FINANCING OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO 8E OF MORE THAN LOCAL OR ORDINARY BENEFIT; DESCRIB- ING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: RECITALS SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the acquisition and financing of certain public improve- ments, together with appurtenances and appurtenant work, and to accept the works of improvement as installed and subject to acquisition under these proceedings, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS The improvements to be acquired and financed under these proceedings are generally described as the acquisition of certain water mains, sewer mains, street improvements and related appurtenances, to serve and benefit pro- perties located within the boundaries of this Assessment District. For particulars, reference is made to Exhibit "A" attached hereto and incor- porated herein by this reference. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work to be acquired are of direct benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement and acquisition chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improve- ments and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 and which said map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING from the area shown within and delineated upon said map or plat herein above referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously app- roved, and for a complete description of said Assessment District, the said plat and proposed boundary on file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed acquisition is hereby referred to the appointed ENGINEER OF WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans of the "as-built" improvements to be acquired; B. An final estimate of the cost of the acquisition of the "as-built" works of improvement; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof~ E. T~e description of the works of improvement to be acquired under these proceedings. When any portion or percentage of the cost and expenses of the acquisi- tion or improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. Notice is hereby given that serial bonds to represent the unpaid assess- ments, and bear interest at the rate of not to exceed the current legal maximum rate of twelve percent (12%) per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California, the last installment of which bonds shall mature a maximum of and not to exceed NINETEEN (19) YEARS from the second day of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate amount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer shall collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or the Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said acquisition or improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accor- dance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. That this legislative body establish a special IMPROVEMENT FUND desig- nated by the name of this Assessment District, into which funds may be transferred at any time to expedite the making of the acquisition herein authorized, and said funds are a loan and shall be repaid out of the proceeds of the sale or collection of assessments as authorized by law. PROCEEDINGS INQUIRIES SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: JOHN LIPPITT, CITY ENGINEER CITY OF CHULA VISTA P. O. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5021 PUBLIC PROPERTY SECTION 9. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 10. That the public interest and convenience authorizes the acquisition of certain improvements, which improvements at this time are installed and in place, and for a description of said improvements, reference is made to the agreement entitled ACQUISITION/FINANCING AGREEMENT, a copy of which is on file in the Office of the City Clerk. PETITION SECTION 11. That a petition signed by property owners representing more than 60% in area of the property subject to assessment for said acquisition has been signed and filed with the legislative body, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the Streets and Highways Code of the State of Ca)ifornia, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". UTILITY IMPROVEMENTS SECTION 12. This legislative body further proposes to enter into an Agreement with Otay Water District, said Agreement setting forth certain terms and conditions relating to the ownership, maintenance and control of certain water improvements. A copy of said Agreement shall be, upon approval, on file in the Office of the City Clerk. APPROVED and ADOPTED this 17th day of June , 1986. CITY OF STATE OF CALIFORNIA ATILT: Approved as to form by iTY OF C.ULA V STA STATE OF CALIFORNIA C~a'rles R. Gill, Assi 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. 12546 , was duly passed, approved and adopted by the City Council, approved and ~ign'ed by the Mayor, and attested by the City Clerk, all at the regular .. meeting of said City Council held on the 17th day of JUne , 1986, and that the same was passed and a~6-~ the following vote: AYES: COUNCIL MEMBERS Malcolm, Moore, Campbell, McCandliss NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Cox EXECUTED this day of , 1986, at Chula Vista, California. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA CI'IY OF ]HULA VISTA DESCRIPTION OF WORK ASSESSMENT DISTRICT (Acquisition) NO. 86-1 CITY OF CHULA VISTA The general description of work to be acquired by this Assessment District consists of the following: A. Construction and installation of approximately 8,900 feet of 12 inch domestic water line and appurtenances in Lakeshore Drive, EastLake Drive, Hillside Drive and located within an easement from Lakeshore Drive southerly approximately 600 feet then westerly to Gotham Street. B. Construction and installation of approximately 3,000 feet of 16 inch domestic water line and appurtenances in Lakeshore Drive and EastLake Drive. C. Construction and installation of approximately 2,900 feet of' 20 inch domestic water line and appurtenances in EastLake Drive and Lakeshore Drive. D. Construction and installation of approximately 600 feet of 24 inch domestic water line and appurtenances located in an easement from Lakeshore Drive to 600 feet south of Lakeshore Drive. E. Construction and installation of approximately 8,000 feet of 8 inch sewer line and appurtenances in EastLake Drive, Hillside Drive, Lakeshore Drive and on-site within easements. F. Construction and installation of approximately 3,800 feet of 10 inch sewer line and appurtenances in East "H" Street, EastLake Drive and on-site within easements. G. Construction and installation of approximately 1,100 feet of' 12 inch sewer main in East "H" Street. H. Construction and installation of street improvements for Lakeshore Drive, EastLake Drive, Hillside Drive (Reisling Street to Rue Avallon), East "H" Street (Corral Canyon Road to EastLake Drive) and Rutgers Road (offsite). Street improvements include pavement, curb, gutter, sidewalk, street lights, median landscaping and irrigation and other related appurtenances. EXHIBIT "A"