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HomeMy WebLinkAboutOrd 1995-2628 ORDINANCE NO. 2628 AN ORDINANCE OF THE CITY OF CHULA VISTA ENACTING THE CITY OF CHULA VISTA ASSESSMENT DISTRICT PROCEDURAL ORDINANCE WHEREAS, the City of Chula Vista (the "City") is a municipal corporation and charter city duly organized and existing under a freeholders' charter pursuant to which the City has the right and power to make and enforce all laws and regulations in respect to municipal affairs and certain other matters in accordance with and as more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Constitution") and the Charter of the City (the "Charter"); and, WHEREAS, the City Council of the City, enacting under and pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and the Charter, finds that the public interest and necessity require the adoption of this ordinance to authorize, and establish the procedure for, the formation of assessment districts within the City and the levy of assessments therein and the issuance of improvement bonds therefor to finance certain public improvements; and, WHEREAS, the City Council desires to establish procedures for the annual apportionment of assessment installments in certain assessment districts; and, WHEREAS, the City Council did previously adopt Ordinance No. 2397 which established specific terms and conditions for the acquisition by the City of improvements to be financed through an assessment district formed pursuant to the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California (the "1913 Act"); and, WHEREAS, the provisions previously adopted in Ordinance No. 2397 have subsequently been incorporated into the 1913 Act and the need for a separate provision for such acquisitions no longer exists and the City Council desires to repea! Ordinance No. 2397. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION 1: Declaration of Policy. It is hereby declared to be the policy of the City to permit the financing of the acquisition or construction of certain public improvements pursuant to the procedure set forth in this Ordinance as well as by any other method permitted by law. This Ordinance is enacted pursuant to the powers reserved to the City under Sections 3, 5 and 7 of Article XI of the Constitution and the Charter. SECTION 2: Short Title. This Ordinance shall be known and may be cited as the "City of Chula Vista Assessment District Procedural Ordinance." Ordinance No. 2628 Page 2 SECTION 3: Procedure. Whenever the public interest and necessity so require, the City Council of the City may, acting under this Ordinance, undertake any of the procedures provided for in the Improvement Act of 1911, being Division 7 of the Streets and Highways Code of the State of California (the "1911 Act"), the Municipal Improvement Act of 1913, being Division 12 of the Streets and Highways Code of the State of California (the "1913 Act"), the Improvement Bond Act of 1915, being Division 10 of the Streets and Highways Code of the State of California (the "1915 Act") and the Landscaping and Lighting Act of 1972, being Part 2, Division 15 of the Streets and Highways Code of the State of California (the "1972 Act"). The 1911 Act, the 1913 Act, the 1915 Act and the 1972 Act may be referred to herein collectively as the "Assessment Acts." Except as otherwise provided in this Ordinance, the provisions of the Assessment Acts, now in effect or as such laws may be amended from time to time, are hereby incorporated in this Ordinance by reference and made a part hereof. SECTION 4: Provisions Not Exclusive. The provisions of this Ordinance are not exclusive. The powers conferred upon the City Council by the provisions of this Ordinance are in addition to and supplemental to the powers conferred by the Charter and any other ordinance of the City or by law. Additionally, the City Council may elect to follow the procedures now or hereafter provided by general law, including without limitation the Assessment Acts; provided, however, that whenever the City is acting pursuant to this Ordinance the provisions of this Ordinance shall be controlling to th extent that they are in conflict with any of the provisions of such general law. SECTION 5: Amendments of Assessment Act. Certain provisions of the Assessment Acts, as incorporated herein, are amended as follows: A. Streets and Highways Code Section 8680(a) is hereby amended to read as follows: (a) The unpaid assessments shall be payable in annual installments corresponding in number and proportionate mount to the number of installments and principal mounts of bonds maturing or becoming subject to mandatory prior redemption in each year pursuant to Section 86S0.1. An annual mount of each assessment shall be payable in each fiscal year preceding the date of maturity or mandatory prior redemption date of each of the bonds which have been issued, sufficient to pay the bonds when due. The annual amount collected each year need not be equal in either mount or proportion for each parcel and may vary depending upon such annual method of apportionment as may be set forth in the report prepared pursuant to Streets and Highways Code Section 10204 and approved by the City Council. The annual mount of each assessment coming due in any year, together with the annual interest on the assessment, shall be payable in the same manner and at the same time and in the same installments as the general taxes of the city on real property are payable, and the assessment installments and the annual Ordinance No. 2628 Page 3 interest on the assessment shah be payable and become delinquent at the same times and in the same proportionate amounts and, except as provided in subdivision (b), shall bear the same proportionate penalties and interest after delinquency as do the general taxes on real property of the City. SECTION 6: Repeal of Ordinance No. 2397. Ordinance No. 2397 is hereby repealed and shall be of no further force nor effect as of the effective date of this Ordinance. SECTION 7: Effective Date. This Ordinance shall take effect and be in full force on the thirtieth (30th) day after its adoption. Within fifteen (15) days of its adoption the City Clerk shall cause this Ordinance to be published in a newspaper of general circulation in the City as required by law. Presented by Approved as to [ by Ordinance No. 2628 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 7th day of March, 1995, by the following vote: AYES: Councilmembers: Fox, Moot, Padilia, Rindone, Horton NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None Shirley ~ton, Mayor ATTEST: B~verly A/Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2628 had its first reading on February 28, 1995, and its second reading and adoption at a regular meeting of said City Council on the 7th day of March, 1995. Executed this 7th day of March, 1995. Beverly A./Authelet, City Clerk