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HomeMy WebLinkAboutReso 2009-005RESOLUTION NO. 2009-005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE AMENDED REASSESSMENTS WITHIN REASSESSMENT DISTRICT NO. 2001-1 AND DIRECTING ACTIONS WITH RESPECT THERETO WHEREAS, prior to the adoption of this Resolution, the City Council (the Council) of the City of Chula Vista, caused the formation of Reassessment District No. 2001-1 under and pursuant to state law; and WHEREAS, on July 10, 2001, pursuant to the Improvement Bond Act of 1915 the City Council approved and confirmed the reassessments for Reassessment District No. 2001-1 through Resolution No. 2001-211 to pay for the costs of acquisitions and improvements; and WHEREAS, subsequently there have been certain parcels, which have been divided so they no longer conform to the original pazcel boundaries and once a subdivision occurs the reassessments must be apportioned to the newly created parcels; and WHEREAS, this Council adopted Resolution No. 2008-278, entitled "Resolution of the City Council of the City of Chula Vista Ordering the Making of Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto", in which the Council ordered the Superintendent of Streets to prepare and file with the City Clerk the Reassessment Apportionment Reports (the Reports), an Amended Reassessment Diagram and Amended Reassessment Roll of Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits to the several parts of the original parcels; and WHEREAS, said Reports were duly made and filed and duly considered by this Council and found to be sufficient in every particulaz, whereupon it was determined that said Reports should stand as the Report for all subsequent proceedings under and pursuant to the aforesaid Resolution No. 2008-278; and WHEREAS, January 13, 2009, at the hour of 6 o'clock p.m., in the regulaz meeting place of this Council, was appointed as the time and place for hearing protests in relation to the Amended Reassessment Diagram and Amended Reassessment Roll of the pazcels of land designated as Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, which were previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001- 0599190, segregating and apportioning the unpaid installments of the original Reassessments in accordance with the benefits of the several parts of the original pazcels, plus costs and fees of making such apportionments, notices of which hearing were duly and regularly published; and Resolution No. 2009-005 Page 2 WHEREAS, said hearing was duly and regularly held, and all persons interested in the original Reassessments, or in the lands affected thereby or in the bonds secured thereby desiring to be heazd were given an opportunity to be heazd, and all matters and things pertaining to said Amended Reassessments were fully heazd and considered by this Council, and all protests, both written and oral, were duly heazd and considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista as the legislative body of Reassessment District No. 2001-1, as follows: 1. All written and oral protests aze hereby overruled, and this Council has thereby acquired jurisdiction to order said Amended Reassessment and re-confirms said Amended Reassessment Diagram and Amended Reassessment Roll, referenced herein, and the costs and expenses thereof. 2. Said Amended Reassessment Diagram and said Amended Reassessment Roll, referenced herein, filed with the City Clerk pursuant to "Resolution of the City Council of the City of Chula Vista Ordering the Making Amended Reassessments Within Reassessment District No. 2001-1 Pursuant to Part 10 of Division 10 of the Streets and Highways Code and Directing Actions With Respect Thereto" is hereby, ratified, approved and re-confirmed. 3. The City Clerk of the City of Chula Vista shall forthwith: a) Cause an Amended Notice of Reassessment, amending the Notice of Reassessment which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such amended Notice of Reassessment to be in substantially the same form as provided in Section 3114 of the streets and Highways Code of California; b) Cause an Amended Reassessment Diagram, amending the Reassessment Diagram which was previously recorded on the 22nd day of August 2001 in Book 35, Page 36, Document No. 2001-0599190 for the Reassessment Numbers 1658-1, 1658-743, 1658-411 and 1658-412, executed by the City Clerk of the City of Chula Vista, to be filed and recorded, in the office of the County Recorder of the County of San Diego and such Amended Reassessment Diagram to be in substantially the same form as provided in Section 3114 of the Streets and Highways Code of California. Resolution No. 2009-005 Page 3 c) Deliver the Amended Reassessment Roll to the Superintendent of Streets, together with the Amended Reassessment Diagram, as approved and re- confirmed by this Council, with a certificate of such confirmation and the date therof, executed by the City Clerk of the City of Chula Vista thereon. The Superintendent of Streets will record the Amended Reassessment Diagram and Amended Reassessment Roll in his office in a suitable book to be kept for that purpose, and appended thereto his certificate of the date of such recording, and such recordation shall be and constitute the Amended Reassessment Roll herein. Presented b~y Richard~k~~~ss' Engineering Director ~~ Approved as to form by ,- , _ ~ ~ w B C. Miesfel ~~ ty Attorney ' ~' i~ PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 13th day of January 2009 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, McCann, Ramirez, and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ATTEST: /t-t~K/~ /~ /ro~~ Donna R. Noni , C ,City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA Cheryl C , M~yor 1, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing Resolution No. 2009-005 was duly passed, approved, and adopted by the City Council at a regulaz meeting of the Chula Vista City Council held on the 13th day of January 2009. Executed this 13th day of January 2009. ~~ Q ~ ~~ Donna R. Norris, CMC, City Clerk