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HomeMy WebLinkAboutReso 2003-226RESOLUTION NO. 2003-226 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $3,888,945 OF DEVELOPER CONTRIBUTION FROM THE CAPITAL IMPROVEMENT FUND TO THE PARK ACQUISITION AND DEVELOPMENT FUND; UNENCUMBERING $3,888,945 FROM CIP PROJECT PR-238 (NEIGHBORHOOD PARK CONSTRUCTION - SUNBOW DEVELOPMENT) FROM THE CAPITAL IMPROVEMENT FUND; AND APPROPRIATING $3,420,117 FROM THE AVAILABLE BALANCE OF THE PARK ACQUISITION AND DEVELOPMENT FUND; AND APPROPRIATING $866,125 FROM THE AVAILABLE BALANCE OF THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE FUND TO CIP PROJECT PR-238 (TO BE RENAMED VETERANS PARK) WHEREAS, on March 4, 2003 the City Council adopted Resolution Nos. 2003-093, 2003-094, 2003-095 and 2003-096 which accept the petition, approve the proposed boundary map and preliminary Assessment Engineer's Report, appropriated $55,000 to finance preconstmction costs; and WHEREAS, this City Council, acting in response to such petition, initiated proceedings to order the installation of the driveway aprons included among the 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 assessment district for the purpose of financing the cost of installation of such driveway aprons, such assessment district to be known and designated as Assessment District No. 2002-1 (Qulntard Street) (the "Assessment District"); and WHEREAS, notices of such hearing accompanied by assessment ballot materials were regularly mailed in the time, form and manner required by the Assessment Law and as evidenced by a certificate on file with the transcript of these proceedings, a full heating has been given, and at this time all assessment ballots submitted pursuant to the Assessment Law have been tabulated, all in the manner provided by the Assessment Law; and WHEREAS, at this time this City Council determines that the assessment ballots received by the City in favor of the proposed assessment and weighted as required by the Assessment Law exceed the assessment ballots received in opposition to the assessment and similarly weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the resolutions making findings at the public hearing pursuant to Chapter 27 of the Improvement Act 1911 ("the Block Act") and transferring $274,882 to STL-285 to finance construction costs. I Resolution 2003-226 Page 2 Presented by Approved as to form by Ann Moore City Attorney PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 27th day of May, 2003, by the following vote: AYES: Councilmembers: Davis, McCann, Rindone, Salas and Padilla NAYS: Councilmembers: None ABSENT: Councilmembers: None sieph~en Pa~l'la, Mayor ATFEST: 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. 2003-226 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 27th day of May, 2003. Executed this 27th day of May, 2003. Susan Bigelow, City Clerk