HomeMy WebLinkAboutReso 2003-371RESOLUTION NO. 2003-371
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSESSING THE COSTS OF
CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS
ON PROPERTIES WITHIN ASSESSMENT DISTRICT 2001-3
(D STREET) AND ORDERING THE RECORDATION OF A
NOTICE OF LIEN
WHEREAS, this City Council (the "City Council") of the City of Chula Vista (the
"City"), California, initiated proceedings to order and did order the installation of certain
sidewalk improvements pursuant to the provisions of pursuant to the provisions and authority of
Chapter 27 ("Chapter 27") of the "Improvement Act of 1911", being Division 7 of the Streets
and Highways Code of the State of California and did also 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 sidewalk
improvements, such assessment district to be known and designated as Assessment District No.
2001-3 ("D" Street) (the "Assessment District"); and
WHEREAS, the construction of the improvements has been completed and the
improvements have been accepted by the City; and
WHEREAS, the City Council has confirmed the report spec'flying the work that has been
done, the cost of construction, a description of the real property specially benefiting from the
improvements and the assessment proposed to be levied against each lot or parcel specially
benefiting from the improvements (the "Engineer's Report"); and
WHEREAS, as authorized by Chapter 27, the City Council now desires to assess the cost
of construction of the sidewalk improvements against the parcels of property specially benefiting
from such improvements; and
WHEREAS, as further authorized by Chapter 27, the City Council has previously
adopted Resolution No. 2003-398 (the "Resolution Authorizing Deferral") to authorize the
deferral of the payment of the assessments to enable the property owners to pay such
assessments in annual installments over a period of ten (10) years with interest on the unpaid
balance at the rate of five percent (5%) per year; and
WHEREAS, the City Council now desires to confirm the deferral of the payment of the
assessments pursuant to the Resolution Authorizing Deferral.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. RECITALS. The above recitals are all tree and correct.
SECTION 2. LEVY OF ASSESSMENTS. This City Council hereby assesses the cost of the
construction of the street improvements against the parcels of property specially benefiting from
such improvements. The parcels to be assessed and the amount of such assessment against each
such parcel shall be as shown in the Engineer's Report.
Resolution 2003-371
Page 2
SECTION3. CONFIRMATION OF DEFERRAL OF PAYMENT OF ASSESSMENT.
Pursuant to the Resolution Authorizing Deferral, the immediate payment of the assessments shall
be deferred and the assessments shall be payable annual installments over a period of ten (10)
years and the unpaid balance of such assessments shall bear interest at the rate of five percent
(5%) per year.
SECTION 4. NOTICE OF LIEN. The Street Superintendent is hereby ordered to cause the
recordation of a Notice of Lien against the parcels assessed as provided for in Streets and
Highways Code Section 5891.
Presented by
Approved as to form by
Ann Moore
City Attorney
Resolution 2003-371
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of August, 2003, by the following vote:
AYES:
Councilmembers:
Davis, McCann, Rindone and Padilla
NAYS:
Councilmembers: None
ABSENT:
ATrEST:
Councilmembers: Salas
Susan Bigelow, City Cle'~
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. 2003-371 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of August, 2003.
Executed this 19th day of August, 2003.
Susan Bigelow, City Clerk