HomeMy WebLinkAboutReso 2005-101
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RESOLUTION NO. 2005-101
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2004-1 (DIXON DRIVE), MAKING FINDINGS
PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFORNIA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA (the "City"),
CALIFORNIA, has been presented and has received a petition from certain property owners
requesting the installation of certain sidewalk improvements, together with appurtenances and
appurtenant work in connection therewith, such improvements to be installed pursuant to the
provisions and authority of the "Municipal Improvement Act of 1913" (being Division 12 of the
Streets and Highways Code of the State of California and City Council Ordinance No. 2952);
and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highway Code, 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") (the Municipal Improvement Act of 1913, Article XIIID
and the Implementation Act may be referred to collectively herein as the "Assessment Law");
and
WHEREAS, the assessment district has been designated as Assessment District No.
2004-1 (Dixon Drive) (the "Assessment District"); and
WHEREAS, a report of the Assessment Engineer (the "Preliminary Assessment
Engineer's Report"), required by the Assessment Law was previously presented, considered and
preliminarily approved; and
WHEREAS, the Preliminary Assessment Engineer's Report, as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law, including the following:
A. Plans and specifications of the improvements;
B. An estimate of the cost of the construction of the improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of such
costs and expenses representing the special benefit to be conferred by such improvements
on the parcels within the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment District, with
each of which subdivisions given a separate number upon such diagram;
D. The proposed assessment of the assessable costs and expenses of the construction
of the improvements upon the several divisions of land in the Assessment District in
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Page 2
proportion to the estimated special benefits to be conferred on such subdivisions,
respectively, by such improvements. Such assessment refers to such subdivisions upon
such diagram by the respective numbers thereof; and
E. A description of the improvements.
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 hearing has been given; and
WHEREAS, 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 m~ority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION!. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted
pursuant to the Assessment Law in favor of the proposed assessment and weighted as required
by the Assessment Law exceed the assessment ballots submitted in opposition to such proposed
assessment and similarly weighted and it is therefore determined that a majority protest pursuant
to Assessment Law to the levy ofthe proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment
Engineer's Report and the testimony and other evidence received at the public hearing, it is
hereby determined that:
A. All properties within the boundaries of the Assessment District receive a special
benefit from the improvements;
B. The proportionate special benefit derived by each parcel proposed to be assessed
has been determined in relationship to the entirely of the cost of construction of the
improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel from the
improvements;
D. Only special benefits have been assessed; and
E. There are no parcels which are owned or used by any agency as such term is
defined in Article XIIID, the State of California or the United States that specially benefit
from the improvements.
SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. This City Council finds that the
owners of the properties within the proposed boundaries of the Assessment District have,
pursuant to Streets and Highways Code Section 5879, waived the sixty day period within which
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such owners may construct such improvements. Therefore, the City Council hereby orders the
Superintendent of Streets to cause the construction of the improvements.
SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall
be done and carried through and financed pursuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 7. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the
construction of the improvements, the Superintendent of Streets is ordered to prepare and file
with this City Council a Final Assessment Engineer's Report that shall contain all of the
information contained in the Preliminary Engineer's Report modified to reflect the actual cost of
construction of the improvements. Ifthe actual construction costs of the District's improvements
do not exceed the cost estimate included in the Final Engineer's Report and reflected in the
assessments shown on the assessment ballots, the assessments shall be reduced by City Council
resolution without a public hearing. Conversely, if the actual construction costs do exceed the
cost estimate included in the Final Engineer's Report and recovery of such excess costs would
require an increase in the assessments previously levied, approval of such increase in the
assessments shall require a subsequent public hearing and assessment ballot proceeding.
Presented by
Approved as to form by
~Qx~\Wl~() \.,\
Ann Moore
City Attorney
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PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 22nd day of March, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, and Rjndone
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Padilla
ATTEST:
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¥ Susan Bigelow, MMC, City Clerk
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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. 2005-101 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 22nd day of March, 2005.
Executed this 22nd day of March, 2005.
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~rSusan Bigelow, MMC, City Clerk