The URL can be used to link to this page

Home My WebLink AboutReso 1979-9607RESOLUTIONd NO. 9607 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GIVING NOTICE OF INTENTION TO ORDER CERTAIN WORK TO BE DONE AND IMPROVEr'IENTS TO BE r!iADE UNDER THE PROVISIONS OF THE IMPROVEMENT ACT OF 1911 AND AMEND- MENTS THERETO IN THE 1100 BLOCK OF WALNUT AVENUE FROM 192 FEET NORTHERLY OF PALOMAR STREET TO 735.5 FEET NORTHERLY AND TO ESTABLISH DATE OF PUBLIC HEARING ON THE FORMATION OF THE DISTRICT 79-1 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council has heretofore adopted Resolu- tion No. 9399 on the 12th day of December, 1978 accepting a petition for street improvements in the 1100 block of Walnut Avenue from 192 feet northerly of Palomar Street to 735.5 feet northerly and directing the City Engineer to proceed with the formation of an improvement act district under the provisions of the Improvement Act of 1911 and to prepare plans, drawings and specifications for the work of the improvement of the public right of way, and WHEREAS, the City Engineer has accomplished said work, including preparation of a plat showing the external boundaries of the assessment district for the accomplishment of said work. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista proposes and intends to order the following work to be done and improvements to be made in said City, under the provisions of the Improvement Act of 1911 and amendments thereto, and that the alternate procedures authorized by Article XIII, Sec- tion 17 of the California Constitution shall be followed in lieu of the procedures of the Special Assessment Investigation Limita- tion and Majority Protest Act of 1931, such work being more par- ticularly described as follows: Section 1. DESCRIPTION OF WORK The improvements to be installed in the area set forth hereinabove include curb, gutter, sidewalk, driveways, street paving, sewer facilities, a street light and relocation of water facilities. Section 2. ESTIMATED COST OF THE WORK The estimated cost of this project totals $98,028. The construction of the improvements is $77,500 which includes 10~ for contingencies. The incidental expenses (Engineering, title reports, inspection, water service relocation, purchase of existing sewer force main and sale of bonds, etc.) are estimated to total $20,528. Attached is a complete estimate of the above cost. Section 3. PLANS, PROFILES, DRAWINGS AND SPECIFICATIONS All of the work hereinbefore generally described shall be constructed in the manner, at the locations, within the limits, of the materials, of the dimensions, and to the official grades as shown upon and in accordance with the plans, profiles, drawings, typical cross-sections and specifications therefor contained in Chula Vista Drawing No. 78-242D on file in the office of the City Clerk and the office of the City Engineer, and by this reference thereto all said plans, profiles, drawings, typical cross-sections and specifications are made a part hereof. -1- Section 4. DESCRIPTION OF ASSESSMENT DISTRICT The contemplated work and improvement hereinbefore men- tioned is, in the opinion of the Council, of more than local ordinary public benefit, and the expenses of such work and improvement are made chargeable upon the district hereinafter described, and the Council does declare said district to be the district benefited by the work and improvement, and to be assessed to pay the costs and expenses thereof. The district is described as follows, to-wit: All that real property in said City of Chula Vista in- cluded with the exterior boundary lines of said District, as shown upon Plat No. 79-1, which plat, to be approved by the Council, is on file in the office of the City Clerk and the City Engineer, ex- cepting therefrom all public streets, roads, alleys, avenues and highways. Reference is hereby made to the plat for a further full and more particular description of the assessment district and the plat so on file shall govern for all details as to the extent of the assessment district. Section 5. DESCRIPTION OF BONDS Serial bonds bearing interest at the rate of eight percent (8%) per annum shall be issued to represent each unpaid assessment of fifty dollars ($50.00) or more, to represent the expenses of the acquisition, work and improvement, all as provided by the Improvement Act of 1911, being Part 5, Division 7 of the Streets and Highways Code. The bonds shall extend over a period ending ten (10) years from the second day of January next succeeding the next September 1st following their date. Payments on the principal of the unpaid assessments and interest thereof shall be made by property owners to the Finance Officer of the City of Chula Vista, and the same shall be disbursed by said Finance Officer, all as provided in the Improvement Act of 1911 hereinabove referred to. If said bonds are redeemed before maturity and before commencement of proceedings for sale, in addition to all other sums unpaid and accrued a premium of five percent (5$) of the unmatured principal Sha11 be paid. Section 6. TIME AND PLACE OF HEARING NOTICE IS HEREBY GIVEN that Tuesday, the 12th day of June, 1979, at the hour of 7:00 p.m. in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City is the day, hour and place for the hearing when any person interested may object to the City Council's determination that the public convenience and necessity require the improvement described in this Resolution of Intention without further proceedings under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, all as authorized by Article XIII, Section 17 of the California Constitu- tion; and as the time and place for the hearing when and where any and all persons having any objections or protests to the proposed work or improvement, to the grades at which the work is to be done, or to the extent of the district to be assessed, may appear and show cause why the proposed improvement should not be carried out in accordance with this Resolution of Intention; failure to make objections at that time shall be deemed to be a waiver of all objections and shall operate as a bar for any claim for damages. Such protest, if any, must be in writing and must contain a description of the property in which each signer thereof is interested, sufficient to identify the same and shall be delivered to and filed with the City Clerk at a time no later than the hour set for the hearing, all as more particularly provided in Division 7 of the Streets and Highways Code of the State of California. The City Clerk at the time of the public hearing shall read all protests thus received. -2- Section 7. IMPROVEMENT ACT All of the work herein proposed shall be done in pur- suance of an act of the legislature of the State of California designated as the Improvement Act of 1911, and amendments thereto, being Division 7 of the Streets and Highways Code of the State of California. Section 8. PUBLICATION OF RESOLUTION OF INTENTION The City Clerk is directed to cause this Resolution of Intention to be published twice at least ten days before the date of the hearing in the Chula Vista Star News, a newspaper of general circulation. Further, the City Clerk is directed to mail notices of the adoption of this Resolution of Intention, postage prepaid, to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized County Assessment Roll, all in the manner and form provided for under California Streets and Highways Code, Sections 5070, 5194 and 5195. Section 9. POSTING OF NOTICE OF IMPROVEMENT The City Engineer shall cause to be conspicuously posted along the line of the contemplated work or improvement and along all open streets within the district liable to be assessed for the work, notices of the passage of this Resolution of Intention in time, form and manner provided by the Street and Highways Code. Section 10. SOURCE OF INFORMATION TO PUBLIC Any questions relating to this project may be directed to Shale L. Hanson, City of Chula Vista, 276 Fourth Avenue, Chula Vista, California or by calling him at 575-5114. Presented by Approved as to form by hn P. Lippitt, C't Engineer George D. indberg, City Attorney' -3- ~~ w ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 22nd day of May , 197 g , by the following vote, to-wit: AYES: Councilmen Scott. Cox, Egdahl, ode, Gillow NAYES : Counci Zmen None ABSTAIN: Counci Zmen None ABSENT: Counci Zmen Nine ~JV • ~• Mayor of the City of Chula Vista ATTEST ~ j~y~jtl.P ~. ~/_~l~C ~~.-c'-CiL r-~ Deputy City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) Ss. CITY OF CHULA VISTA ) I, JANE A. DIEDRICHS, DEPUTY CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that ~Ehe above and foregoing is a full, true and correct copy of and that the same has not been amended or repealed. DATED Deputy City Clerk (SEAL) /~ ~~ CC-660 (a)