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HomeMy WebLinkAboutReso 2010-121RESOLUTION NO.2010-121 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE RATE OF INTEREST OF FIVE PERCENT (5%) PER YEAR AND THE FINANCING PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR GLENHAVEN WAY ASSESSMENT DISTRICT 2008-01 WHEREAS, pursuant to Resolution No. 2008-277, adopted on December 9, 2008, the City Council accepted a petition requesting the formation of an Assessment District for Glenhaven Way (First Avenue to Amy Street) for the purpose of financing the construction of sidewalk improvements; and WHEREAS, on December 16, 2008, Council adopted Resolution No. 2008-291 approved the Preliminary Engineer's Report, adopted a map showing the proposed boundaries for Assessment District No. 2008-01 (Glenhaven Way) for the proposed Assessment District No. 2008-01, and set the time and place for a public heazing, and ordered the initiation of Assessment Ballot proceedings; and WHEREAS, on December 19, 2008 ballots and ballot materials were mailed to property owners. Property owners were informed that the ballots needed to be received by the City Clerk's office prior to 4:00 p.m. on February 3, 2009, a public hearing was held on Februazy 3, 2009, and the ballots remained sealed. There was no public testimony, so the hearing was closed and ballots were tabulated; and WHEREAS, since more than 50% of the property owners voted in favor of the proposed assessment, City Council certified the results of the public hearing and assessment district ballot tabulation, ordered the construction of the improvements and ordered a final assessment Engineer's Report to be prepazed pursuant to Resolution No. 2009-026, adopted on Februazy 3, 2009; and WHEREAS, City staff advertised and obtained sealed bids as part of a formal bidding process for the construction of the improvements and awazded a contract in the amount of $516,812.25 to the low bidder, Hillcrest Contracting Inc, pursuant to Resolution No. 2009-034 on February 17, 2009; and WHEREAS, the construction of the improvements is complete; and WHEREAS, of the total construction costs, only the costs of the concrete driveways and private improvement relocation are to be assessed to the property owners; and Resolution No. 2010-121 Page 2 WHEREAS, not all the assessments have been fully paid and the City can collect the unpaid balance over a maximum period of ten yeazs, together with interest on the unpaid principal at a rate not to exceed seven percent per yeaz (7%); and WHEREAS, City staff proposes to chazge five percent interest (5%) for a period of ten years on the unpaid balances of the assessments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it accepts the deferral of the assessments and establishes the rate of interest of five percent (5%) per year and financing period of a maximum of ten years applied to the deferrals for Glenhaven Way Assessment District 2008-01. Presented by Richard A. Hq kins Director of Public Works Approved as to form by Resolution No. 2010-121 Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista, California, this 25th day of May 2010 by the following vote: AYES: Councilmembers: Bensoussan, Castaneda, Ramirez, Thompson and Cox NAYS: Councilmembers: None ABSENT: Councilmembers: None ~~ .c_ A~,F"i Cheryl Cox a or ATTEST: Donna R. Norris, CMC, ity 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. 2010-121 was duly passed, approved, and adopted by the City Council at a regular meeting of the Chula Vista City Council held on the 25th day of May 2010. Executed this 25th day of May 2010. /lam ww O~ ~~/1/u..w Donna R. Norris, CMC, City Clerk