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HomeMy WebLinkAboutReso 1983-11333 /,,, RESOLUTI ON NO. 11333 '. .-t .. -... ,~ RESOLUTION ESTABLISHING PROCEDURE FOR PUBLIC HEARING AND NOTICE WHERE PUBLIC CONVENIENCE AND NECESSITY REQUIRES SPECIAL ASSESSMENT PROCEEDINGS FOR ACQUISITION OR IMPROVEMENTS, WITHOUT COMPLIANCE WITH THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931'" , WHEREAS, Article XIV, Section 19 of the Constitution of the State of California expressly provides that the debt limitation and majority protest provisions of the "Special Assessment Investigation, Limitation and Majority Protest act of 1931", being Division 4 of the Streets and Hi9hways Code of the State of Califor- nia, shall not be applicable to special assessment proceedings conducted by a charter city if, after the giving of reasonable notice by publication a?d posting and the holding of a public hearing, the legislative body, by no less than a 4/5' s vote of all members, fi nds and determi nes that the pub 1 i c conveni ence and necessity requires such improvements; and, i WHEREAS, the CITY OF CHULA VISTA, CALIFORNIA (hereinafter referred to ~s "City") is a chartered ci ty, organi zed and ex i st i ng under the Cons t itut ion and] the laws of the State of California; and, I WHEREAS, the City is desirous at this time of establishing a procedure for the giving of reasonable notice and the holding of a public hearing, as authorized by Article XIV, Section 19 of said Constitution. I NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTI ON 1. SECTION 2. SECTION 3. That the above recital s are all true and correct. Before the City Council adopts any resolution ordering the Iconstruc- tion of any improvement or the acquisition of any property iior public use, or both (herein referred to as "improvement"), where! the cost thereof is to be paid in whole or in part by special asseslsments or speci al assessment taxes upon lands, a public heari ng may be held and a finding and determination made by the City Counci 1 as! provided herein that the public convenience and necessity require the same. I If such a procedure is not fo 11 owed and if such fi nd i ng and determi- nation is not made thereto, the requirements, limitations and proce- dures otherwise prescribed by Division 4 (Section 2800 et.1 seq.) of the Streets and Highways Code of the State of California, a~d Article XIV, Section 19 of the State Constitution shall be complied with before any such resolution or ordinance may be adopted. I The City Council may hold a public hearing to find and dete)mine whe- ther the public convenience and necessity require any such I improve- ment. Reference may be made to maps or plats for the descr,iption of the improvement and all particulars relative thereto, which maps or plats shall be on fi Ie with the City Clerk or the Department of .,En-: .g,inegr:jiig and open to inspection. 'I "" SECTION 4. The heari ng, as requi red, may be a separate heari ng or may be com- bined and held concurrently with the hearing required by the improve- ment act pursuant to wh ich the improvement proceed i ng is I proposed. Whether said hearing is held separate, or combined and held concur- rent ly with the heari ng requi red by the improvement act p~rsuant to which the improvement proceeding is proposed, notice shalll be given by posting and publication in the manner prescribed by the improve- ment act involved, and if said hearings are combined or 'held con- currently, such notice may be combined with the notice df hearing given under the said improvement act under which the improvement proceeding is proposed. Such additional notice by mailing or posting the streets may be given, as determined by resolution of' the City Council. SECTION 5. The hearing may be continued from time to time. After the conclusion thereof and prior to adoption of a resolution ordering th~ improve- ments, the City Counci 1 shall consider and pass upon alII protests filed and all matters presented, and its deci sion thereon shall be final and conclusive. I I If by such decision the City Council finds and determines by no less than a four-fifths (4/5) vote of all members thereof that the public conveni ence and necessity requi re such improvement, the City Council may thereafter, in accordance with the improvement act spe'cified or designated for the project, adopt a resolution ordering th~ improve- ment substantia.lly as proposed, or as modified, altered or changed by order of the City Counci 1 as authori zed by the improvement act for the project. 1 I After such finding and determination by the City Counci 1, the provi- sions of law for debt limitation and majority protest as mentioned in Article XIV, Section 19 of the State Constitution, and specifically the "Special Assessment Investigation, Limitation and Majo'rity Pro- test Act of 1931", shall not apply. I I APPROVED and ADOPTED this 2nd day of ~ \ I JiT ~'~rph . CITY OF CHULA VISTA ~ STATE OF CALIFORNIA R-1l333 "" I i I I I I, JENNIE M. FULASZ , CITY CLERK of the CITY OF CHULA VISTA, C-!\LIFORNIA, DO HEREBY CERTIFY that .the foregoing Resolution, being Resolution No. 11333 , was duly passed, approved and adopted by the City Counci 1, approved and I slgned by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Counci I held on the 2nd day of August ,1983' and that the same was passed and adopted by the following vote: STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA AYES: COUNCILMEN Moore, Malcolm, Cox NOES: COUNC I LMEN None ABSENT: COUNCILMEN McCandliss ABSTAIN: COUNCILMEN Scott 3rd day of August , 1983, at Chula Vista, , Cal iforni a. I EXECUTED this L CITY OF CHULA VISTA STATE OF CALIFORNIA [SEAL]