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HomeMy WebLinkAboutReso 1985-12246 RESOLUTION NO. 12246 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING FINDINGS ON PETITION WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented by .certain .property owners an executed Petition requesting the construction certain pubJic improvements, together with appurtenances and appurtenant work of connection therewith, said improvements to be constructed pursuant to the terms in and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is hereby found that said Petition has been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District. SECTION 3. That said Petition shall be filed with the transcript of these proceed- ings and shall remain open to public inspection. SECTION 4. That said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California, and further proceedings and limitations under the provisions of the "Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to these proceedings. SECTION 5. This Council hereby further finds and determines, based on written evi- dence submitted, that the total estimated amount of the proposed assess- ments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. SECTION 6. That it is hereby further determined and found that said Petition has been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this 12th day of November yq _ ¢..,, 1985. CITY O~ CHlt~A 'VISTA STATE OF CALIFORNIA ATTESTs: STATE OF CALIFORNIA 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. 12246 , was duly passed, approved and adopted by the City Council, approved a~U signed by the Mayor, and attested by the City Clerk, all at the requla~ meeting of said City Council held on the 12th day of Nove~ber , 1985, and that the same was passed and a~'~the following v6te: AYES: COUNCIL MEMBERS Malcolm, Moore, Scott, Cox NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS McCandliss ABSTAIN: COUNCIL MEMBERS EXECUTED this Z3th day of N,ovember , 1985, at Chula Vista, California. STATE OF CALIFORNIA [SEAL]