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HomeMy WebLinkAboutReso 1989-14118 RESOLUTION NO. 14118 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, MAKING FINDINGS ON PETITION AND AUTHORIZING EXECUTION OF ACQUISITION/FINANCING AGREEMENT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has been presented by certain property owners an executed Petition requesting the construction Of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be constructed pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district )~nown and designated as OTAY LAKES ROAD ASSESSMENT DISTRICT (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been reported that said Petition contains the signatures oF more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment for the proposed works of improvement. Said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California; and, WHEREAS, the Streets and Highways Code of the State of California, specifically the "Municipal Improvement Act of 1913", expressly authorizes the acquisition of any improvements that are authorized to be constructed under said law, and the property owner, in order to proceed in a timely way with his development, desires to construct and/or cause the construction of certain works of improvement prior to the '~option of the Resolution of Intention; and, WHEREAS, at this time there has been submitted to this City Council for review and approval, an Acquisition/Financing Agreement setting forth certain terms and conditions, as well as estimated prices and quantities of work to be installed and financed pursuant to the above-referenced Agreement. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PETITION SECTION 2. That it is hereby found that said Petition has been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District. SECTION 3. That said Petition shall be filed with the transcript of these proceed- ings and shall remain open to public inspection. SECTION 4. That said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code Of the State of California, and further proceedings and limitations under the provisions of the "Special Assess- ment Investigation, Limitation and Majority Protest Act of 1931" shall not be applicable to these proceedings. SECTION 5. This legislative body hereby further finds and determines, based on written evidence submitted, that the total estimated amount of the proposed assessments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. SECTION 6. That it is hereby further determined and found that said Petition has been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or benefi- ciary under any such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. ACQUISITION/FINANCING AGREEMENT SECTION 7. That the Acquisition/Financing Agreement, as submitted for the referenced Assessment District, is hereby approved, and execution is authorized to be made by the Mayor and City Clerk. SECTION 8. That a copy of said Agreement shall be kept on file in the City Clerk and remain for public inspection. SECTION 9. That the Resolution of Intention for the above-referenced proceedings shall not be adopted until all improvements to be acquired have been installed and are acceptable in place. SECTION 10. The final prices to be paid for said improvements shall be prices as determined by the City to be reasonable, to represent the actual costs and expenses for the installed works of improvement, including all appropriate incidental expenses. APPROVED and ADOPTED this 23 day of May , 1989. MAyOR~R~ ~' CITY OF CHULA VISTA STATE OF CALIFORNIA STATE OF CALIFORNIA Presented by Approved as to form by Pul~i! Works ~J~' H~?arZ"~°~/City Att°r~/~'jney STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 14118 , was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said city Council held on the 23 day of MaV , 1989, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Malcolm, Moore, McCandliss, Nader, Cox NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS None EXECUTED this day of , 1989, at Chula Vista, California. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA