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HomeMy WebLinkAboutReso 1985-12247 RESOLUTION NO. 12247 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING APPOINTMENTS AND APPROVING AGREEMENTS IN A SPECIAL ASSESS- MENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, is considering the formation of a special assessment district, pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improve- ment, together with appurtenances and appurtenant works said special assessment district to be known and designated as ASSESSMENT DISTRICT NO. 85-2 (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time, the City is desirous of making the required appointments and designating persons to perform certain duties and approving certain agreements in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That JOHN LIPP~TT is hereby appointed to perform all of the duties and functions of the Superintendent of Streets as said duties are specified and designated in the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the above referenced Assessment District. SECTION 3. That the place for recordation of the assessment roll and diagram shall be in the Office of the Superintendent of Streets, and said assessment roll and diagram, upon recordation, shall be kept as a permanent record. SECTION 4. That the STAR NEWS is hereby designated as the newspaper for all publica- tions as required by law and as necessary for completion of this Assessment District. SECTION 5. That WILLDAN ASSOCIATES is hereby appointed as the Assessment Engineer and Engineer of Work for said proceedings, and said Engineer of Work shall perform all of the duties and responsibilities as set forth by law as they relate to said Assessment District, pursuant to the terms and conditions of an Agreement for Assessment Engineering Services submitted herewith, which Agreement is hereby accepted and approved for execution by the Mayor and City Clerk. SECTION 6. That LOWRY & ASSOCIATES is hereby appointed as Design Engineer for certain of the works of improvement, pursuant to the terms and conditions of an Agreement for Design Engineering Services submitted herewith, which Agree- ment is hereby accepted and approved for execution by the Mayor and City Clerk. SECTION 7. That F. MACKENZIE BROWN, INC., Attorneys at Law, is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to the validity of the proceed- ings and the enforceability of the bonds, pursuant to the terms and conditions of a Special Counsel Agreement submitted herewith, which Special Counsel Agreement is hereby accepted ~nd approved for execution by the Mayor and City Clerk. SECTION 8. That KADIE-JENSEN & JOHNSON is hereby appointed as Financial Consultant, and is authorized to obtain a proposal or bid for the sale of bonds to be issued in order to finance said proceedings, pursuant to an Agreement for Financial Consultant Services submitted herewith, which Financial Consultant Services Agreement is hereby accepted and approved by for execution by the Mayor and City Clerk. Said bonds are to be issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 9. That the REIMBURSEMENT AGREEMENT between the Property Owner and the City, as submitted herewith, is hereby accepted and approved for execu- tion by the Mayor and the City Clerk. SECTION 10. That this City Council hereby establishes a special IMPROVEMENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order to expedite the improvements or acquisition under these proceedings and as authorized by law, funds from any available source may be transferred into said special fund. Any funds transferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, all as required and authorized by law, and specifically Section 10210 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this 12th day of Novem~r~ , lg85. YOR f! · CITY OF~CHU~A VISTA STATE OF CALIFORNIA ATTEST: /c~ CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA COUNTY OF SAN DIEGO I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 12247 , was duly passed, approved and adopted by the City Council, approved and sign6d by the Mayor, and attested by the City Clerk, all at the rpqulaF meeting of said City Council held on the 12th day of Novem~oer , 1985, and that the same was passed and aS'~the foll6winglvotei' i . AYES: COUNCIL MEMBERS Malcolm, Moore, Scott, Co× NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS ABSTAIN: COUNCIL MEMBERS EXECUTED this 13th day of i~..ovem~er , 1985, at Chula Vista, California. OF CHULA ¥ISIA STATE OF CALIFORNIA [SEAL]