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HomeMy WebLinkAboutReso 1986-12663 RESOLUTION NO. 12663 p RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND INSTRUCTING THE SUPERIN- TENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, for the construction of certain authorized improvements in a special assessment district known and designated as 1911 BLOCK ACT - PHASE XVII CASH CONTRACT (hereinafter referred to as the "Assessment District); and, WHEREAS, Sections 5875 and 5876 of said Streets and Highways Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of properties with the costs thereon to be assessed as set forth under the provisions of said Chapter 27. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DES~RI, PTtON OF, IMPROVEMENT SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the construction and installation of certain street improvements, including pavement, curbs and gutters, sidewalks, and driveway approaches and appurtenances where required, excepting accep- table improvements in place in various non-contiguous areas in the City in what is known as 1911 Block Act - Phase XVII Cash Contract. PLANS SECTION 3. All of the above mentioned works of improvement 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 for said work designated by the number and name of the Assessment Districts which said plans are hereby approved and adopted. For all particulars as to the alignment of the work and a full and detailed description, reference is hereby made to said plans and specifications as on file in the Office of the Engineer. AREA OF BENEFIT SECTION 4. That the works of improvement, in the opinion of this legislative body, will benefit the abuttiQg and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement charge- able upon the property or properties within the boundaries of the Assess- ment District, which District is declared to be the area and abutting properties benefitin9 by the work and improvements. For a general descrip- tion of the Assessment District and area of benefit, reference is made to a map of said District previously approved and, said map identified by the name of number of this Assessment District, and said map shall be kept on file with the transcript of these proceedings and open to public inspection. RESPONSIBILITY OF PROPERTY OWNER SECTION 5. Pursuant to the provisions of Section 5875 of Chapter 27 of the "Improve- ment Act of 1911", it is,hereby declared to be the responsibility of the owner of the lots or portions of lots fronting on the public street where this legislative body, pursuant to said Section, by its own motion, orders the installation of the improvements, and the property owners shall have the duty and responsibility of constructing or causing the construction of said improvements in front of their properties within sixty (60) days upon notice so to do by the Superintendent of Streets. If the work is not performed by the property owners within said period, the Superintendent of Streets shall proceed to cause said work to be completed. IM?RO~EME~T ACT SECTION 6. That all of the work and improvements herein proposed shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California. For all particulars, reference is made to said "Act", and the provisions contained therein. PUBLIC HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 16 TH DAY OF SEPTEMBER. 1~6~ AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. BONDS SECTION 8. If the work is done by the City, and if the assessment cost is not paid upon confirmation of the assessment, serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement. The serial bonds shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September ls~ following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. The redemption provision of said bonds shall further provide a premium of 5% of the unmatured principal if said bonds are redeemed prior to maturity. NOTICE SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the properties fronting on that portion of the street in the block where the work is to be constructed and directing them to construct or cause to be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by delivering a written notice personally to the owner or to the person in possession of the property fronting the improvements, OR by mailing a postal card, postage prepaid, to the person at his last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to the name and address of the person owning such property as shown in the records of the City Clerk. B. The Superintendent of Streets shall also i~ediately cause a copy of said notice, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property. C. The City Clerk shall cause a copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days after the adoption of this Resolution setting a time and place for public hearing. COST ESTIMATE SECTION 10. The estimated cost of the works of improvement as proposed under these proceedings, is estimated to be $103,000.00. PROCEEDINGS INgUIRIES SECTION 11. For any and all information relating to these proceedings, including information relating to the pr6test procedure, your attention is directed to the person designated below: SHALE HANSON, ASSOCIATE CIVIL ENGINEER CITY OF CHULA VISTA P. O. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5114 APPROVED and ADOPTED this 5th day of . Aug,st ,. _ , 1~..~,~ . ~YOR ~' ~ CITY OF ~HU~A VISTA ~n~EST: -- STATE OF ~ALIFORNIA ~~CiTY OF CHULA VISTA ~,, ' STATE 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. 12663 , was duly passed, approved and adopted by the City Council, approved a~ signed' by the Mayor, and attested by the City Clerk, all at the ~eg~lar meeting of said City Council held on the 5th day of Augupt , 1986, and that the same-was passed and a~-~-~'~the following vote: AYES: COUNCIL MEMBERS Moore, Campbell, McCandliss, Cox, Malcolm NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None EXECUTED this day of , 1986, at C. hq]~ Vista, CQlifornia. CITY OF CHULA VISTA STATE OF CALIFORNIA CI'iY OF CHUI.A VISI'A