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HomeMy WebLinkAboutReso 1984-11520 RESOLUTION NO. 11520 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING PRELIMINARY DETERMINATION THAT THE PUBLIC CONVENIENCE AND NECESSITY REQUIRE CERTAIN IMPROVEMENTS IN A SPECIAL ASSESSMENT DIST- RICT AND SETTING A TIME AND PLACE FOR PUBLIC HEARING. 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 Hiqh- ways Code of the State of California, for the construction of certain public works of improvement, toqether with appurtenances and appurtenant work, said speci a1 assessment district to be known and designated as ASSESSMENT DISTRICT NO. B3-1 (LAS FLORES DRIVE, ET AL) (hereinafter referred to as the "Assessment District"); and, WHEREAS, Article XVI, Section 19 of the California Constitution expressly authorizes and provides that after reasonable notice by publication and posting, and the holding of a public hearing, the legislative body of a chartered city may, by no less than a four-fifths (4/5) vote of all members thereof, find and determine that the public convenience and necessity requires public improvements without further procedures, 1 i mi tat ions and requi rement s as authori zed under the prov i sions of the "Speci al Assessment Investigation, Limitation and Majority Protest Act of 1931"; and, WHEREAS, this City is a chartered city, desirous at this time to establish a time and place for a. pub 1 i c heari ng on the works of improvement as proposed for the above-referenced Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the works of improvement as proposed for the above-referenced Assessment District are generally described as follows: The construction of certain street improvements, appurtenances, including paving, grading, curbs, sidewalks, water and sewer improvements, drainage facilities, underground electrical and communication facilities, a gas distribution system, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (LOS FORES DRIVE, ET AL). For particulars, reference is made to the preliminary Report of the Engineer herein approved and on file in the Office of the City Clerk. SECTION 3. That it is the preliminary determination that the public convenience and necessity require the above-referenced improvements and acquisition, lIot1ere applicable, and that certain of the costs and expenses thereof be paid for by special assessments levied upon property within the boundaries of the Assessment District, said properties benefited thereby, and that all necessary proceedin9s be had and taken without further coop1 i ance with the provisions of the "Special Assessment Investigation, Limitation and Majo- rity Protest Act of 1931". SECTION 4. That said improvements and work are of direct benefit to the propert ies and land within the Assessment District, and this City Council hereby makes the expenses of said work and improvement chargeable upon a district, lIot1ich said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof. For particulars as to the boundaries of the proposed Assessment District, reference is made to the boundary map as previously approved by this City Council, a copy of which is on file in the Office of the City Clerk and open for public inspection. SECTION 5. That the estimated cost for the works of improvement in the Assessment District is as follows: ESTIMATED COST OF CONSTRUCTION: ESTIMATED INCIDENTAL COSTS: ESTIMATED TOTAL COST: ESTIMATED CONTRIBUTION: ESTIMATED BALANCE TO ASSESSMENT: $ 1,214,729.00 558,241.00 1,772,970.00 4,200.00 1 ,76R, 770.00 For further particulars, reference is made to the preliminary Report of the Engineer as herein approved and on file in the Office of the City Clerk. SECTION 6. THAT TUESDAY, THE 13TH DAY OF MARCH, 1984, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, 8EING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE WHEN ALL INTERESTED PERSONS AND PROPERTY OWNERS MAY APPEAR AND SHOW CAUSE WHY THE CITY COUNCIL SHOULD NOT FIND AND DETERMINE THAT THE PUBLIC CONVENIENCE AND NECESSITY REOUIRES SAID PUBLIC IMPROVEMENTS ffi ACQUISITION, ffi BOTH, WITHOUT FURTHER COMPLIANCE WITH THE PROVISIONS OF THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJOR ITY PROTEST ACT OF 1931". SECTION 7. That the City Clerk is directed to give notice of the time and place of said public hearing, as follows: A. Posting a NOTICE OF PUBLIC HEARING on all open streets within the boundari es of the Assessment Di strict, not more than 300 feet apart on each street so posted, but not less than 3 in all, said posting to be completed at least twenty (20) days prior to the date set for the Public Hearing; B. Publication of a NOTICE OF PUBLIC HEARING in the legally designated newspaper, said publication to be once a week for two (2) successive weeks, with the first publication being at least twenty (20) days prior to the date set for the Public Hearing; I? -/ /$"z,j) C. Mailing of a NOTICE OF PUBLIC HEARING to all property owners within the boundaries of the Assessment Oistrict as said owners are shown on the last equalized County Assessor's roll, said mailinQ to be made postage prepaid at least twenty (20) days prior to the'date set for the public hearing: D. Post a NOTICE OF PUBLIC HEARING on or near the door of the reqular meeting place of the City Council: said postinQ to be completed at least five (5) days prior to the date set for the Public Hearing. APPROVED and ADOPTED this 24th day of .98C, CITY OF C LA ISTA STATE OF CALIFORNIA 1-z.-.;JU.~ K Y OF CHULA VISTA TATE OF CALIFORNIA R- 11520 ,( _/I5'.D 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. 11520 , was duly passed, approved and adopted by the City Council, approved and slgned by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 24th day of January , 19B4, and that the same was passed and adopted by the followlng vote: AYES: COUNCIL MEMBERS Cox, Moore, McCand1iss, Malcolm NOES: COUNCIL MEMBERS None ABSENT: COUNC I L MEMBERS None ABSTAIN: COUNC I L MEMBERS Scott EXECUTED this 27th day of January , 19B4, at Chula Vista, California. CITY OF CHULA VISTA STATE OF CALIFORNIA [SEALl /(- /1S"'2..0