HomeMy WebLinkAboutReso 2010-004RESOLUTION NO. 2010-004
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA CERTIFYING THE RESULTS OF THE
PUBLIC HEARING AND ASSESSMENT DISTRICT BALLOT
TABULATION FOR PROPOSED ASSBSSMENT DISTRICT
NO. 2009-O1 (OXFORD STREET), ORDERING THE
FORMATION AND ESTABLISHMENT OF SUCH DISTRICT,
IMPOSITION OF ASSESSMENTS ON PROPERTIES
THEREIN, AND THE CONSTRUCTION OF IMPROVEMENTS
RELATED THERETO
WHEREAS, residential properties along Oxford Street between Third Avenue and
Alpine Avenue are currently without curbs, gutters and sidewalks; and
WHEREAS, the City has received a petition signed by 25 of the 40 residents of this
neighborhood requesting the initiation of proceedings to consider the formation of an assessment
district to finance the construction of these improvements; and
WHEREAS, on November 17, 2009, the City Council adopted Resolution No. 2009-272
approving the Engineer's Report for the proposed Assessment District AD 2009-O1 along Oxford
Street, set the time and place for a public hearing and ordered the initiation of assessment
balloting proceedings.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista finds as follows:
1. That the Public Heazing for the formation of the Assessment District 2009-01 was
properly noticed.
2. That Assessment Ballots, including the Notice of Public Heazing, was provided to all
owners within the approved Assessment District Boundary on November 18, 2009.
3. That the Public Heazing was held at the time and place identified in the Notice.
4. That all interested parties had the opportunity to be heard.
5. That the Council has considered all objections or protests.
6. That at following the conclusion of the Public Hearing, the ballots were counted by an
impartial individual.
Resolution No. 2010-004
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista as
follows:
1. That the Council hereby receives and approves the Certificate of the Election Official and
Statement of Votes Cast, as submitted by the City Clerk, acting as Election Official,
identifying the number of votes submitted for and/or against the establishment of the
assessment district and properties upon which such assessments shall be placed. A copy
of said Certificate and Statement is attached hereto, mazked as Exhibit "A" and by this
reference, incorporated herein.
2. That the Council approves the new assessments and apportionment according to the
reports submitted.
3. That the Council orders the formation and establishment of Assessment District AD
2009-01 along Oxford Street.
4. That the Council orders the construction of improvements related thereto.
5. That the Council orders the new assessment role to be recorded with the County
Recorder.
6. That the City Clerk is hereby directed to enter in the minutes the results of the election as
set forth in said Statement of Votes Cast.
Presented by
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Richazd A. opki
Director of Public orks
Approved as to form by
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B . Miesfeld
City Attorney
Resolution No. 2010-004
Page 3
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 5th day of January 2010 by the following vote:
AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and
Cox
NAYS: Councilmembers: None
ABSENT: Councilmembers: None
Cheryl Cox, yor
ATTEST:
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Donna R. Norris, CMC, City Clerk
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Donna R. Norris, City Clerk of Chula Vista, California, do hereby certify that the foregoing
Resolution No. 2010-004 was duly passed, approved, and adopted by the City Council at a
regulaz meeting of the Chula Vista City Council held on the 5th day of January 2010.
Executed this 5th day of January 2010.
Donna R. Norris, CMC, City Clerk
Resolution No. 2010-004
Page 4
EXHIBIT "A"
CERTIFICATE OF ELECTION OFFICIAL
AND STATEMENT OF VOTES CAST
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
The undersigned, ELECTION OFFICIAL OF THE CITY OF CHULA VISTA,
COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, DOES HEREBY CERTIFY,
that at the conclusion of the public hearing upon the proposed assessment in accordance
with the provisions of subdivision (d) of Section 53753 of the Government Code, I, an
impartial individual, did tabulate the ballots submitted and not withdrawn, in accordance
with the provisions of subdivision (e) of Section 53753 of the Government Code at the
hearing on
CITY OF CHULA VISTA
OXFORD STREET ASSESSMENT DISTRICT
NO. 2009-01
in said City, held January 5~', 2010.
I FURTHER CERTIFY that this Statement of Votes Cast shows the whole number of
votes cast for the formation and establishment of said district and the imposition of
assessments on the properties therein and the totals therefore as shown below aze full,
true, and correct.
VOTES CAST YES 14
NO 9
WITNESS of my hand and Official Seal this Sa' day of January 2010
/C (Jlt~ _, 0/1JL~10
Donna R. Norris, CMC
CITY CLERK
ELECTION OFFICIAL
CITY OF CHULA VISTA
STATE OF CALIFORNIA