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HomeMy WebLinkAboutReso 1989-14132 RESOLUTION NO. 14132 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA CONFIRMING THE DIAGRAM AND ORDERING CERTAIN STREET LIGHTING FIXTURES AND APPURTENANCES TO BE MAINTAINED AND ELECTRIC CURRENT TO BE FURNISHED FOR LIGHTING SAID FIXTURES AND TO ORDER CERTAIN LANDSCAPING TO BE MAINTAINED FOR THE FISCAL YEAR BEGINNING JULY 1, 1989; AND LEVYING SAID ASSESSMENT FOR THE FISCAL YEAR JULY 1, 1989 THROUGH JUNE 30, 1990 FOR THE CITY OF CHULA VISTA BAY BOULEVARD STREET LIGHTING AND LANDSCAPING MAINTENANCE DISTRICT NO. 1989-90 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City Council of the City of Chula Vista, California did in Resolution No. 14070 Of said Council, pursuant to the provisions of the "Landscaping and Lighting Act of 1972" (now Part 2 of Division 15, Section 22500 et seq. of the Streets and Highways Code of the State of California), require the City Engineer of said City to make and file with the Clerk of the City Council a report in writing, presenting certain matters relating to the proposed Chula Vista Bay Boulevard Street Lighting and Landscaping Maintenance District No. 1989-90 as contemplated under the provisions of said Act, and WHEREAS, the City Engineer, pursuant to the requirements of said City Council as expressed in Resolution No. 14070, did make and on the 5th day of May, 1989, file in the office of the City Clerk (who is ex-officio Clerk of the City Council) of said City, his report in writing responsive to the requirements of said Resolution No. 14070 and as contemplated under the provisions of said Act, and WHEREAS, the said City Council did in Resolution No. 14110 approve said report on the 23rd day of May, 1989, in conformity with the provisions of said Act, and WHEREAS, said City Council did thereafter and on said 23rd day of May, 1989, pass its Resolution of Intention No. 14111 declaring its intention to order certain street lighting fixtures and appurtenances to be maintained and electric current to be furnished for lighting said fixtures, and to order certain landscaping to be maintained for the fiscal year beginning July 1, 1989, and -1- WHEREAS, said City Council did on said 23rd day of May, 1989, in its Resolution No. 14111 fix and designate Tuesday, June 13, 1988, at the hour of 7:00 p.m. of said day as the time for hearing protests in reference to the proposed improvement and assessment, in the Council Chambers, City Hall, City of Chula Vista, California, and WHEREAS, at the time and place above stated in said Resolution No. 14111 for hearing protests in reference to the proposed improvement and assessment said Council did proceed to hold and did hold such hearing, and WHEREAS, at the time and place above stated for hearing protests in reference to the proposed improvement and assessment, certain written and oral protests and objections were filed and presented, which said protests and objections were fully and regularly heard and considered by said Council, and WHEREAS, said City Council being fully advised in the premises, does hereby proceed as follows: NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby deny all protests and objections and does hereby approve, confirm and adopt the said report of said City Engineer dated the 5th day of May, 1989, and does hereby approve, confirm the assessment proposed for said proposed improvement set forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to inspection, hereby referred to and made a part hereof, and said city Council does hereby also confirm and adopt the respective instruments therein contained and designated therein as SPECIFICATIONS, DIAGRAM AND PLAN NO. 1989-90, Estimate of Costs and Assessment, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. SECTION 2. That said Council does hereby order the said contemplated maintenance to be made in accordance with the said PLAN and SPECIFICATIONS therefor, so adopted and approved, and does hereby order and determine that the fiscal year referred to in said Resolution of Intention No. 14111 shall be and the same is hereby fixed and established as the period commencing on the 1st day of July, 1989, and ending on the 30th day of June, 1990 both dates inclusive, as therein set forth; and said Council does hereby levy the said proposed total assessment made to cover the costs and expenses of said improvement upon the respective several subdivisions of land in the assessment district described in said Resolution of Intention No. 14111 and as fixed and determined by said report, dated May 5, 1989, and the proposed assessment, filed therewith, as aforesaid, in the office of the City Clerk of said City, for the fiscal year beginning July 1, 1989 and ending June 30, 1990, both dates inclusive. -2- SECTION 3. That the City Council hereby orders and directs the Finance Director to establish a special fund entitled, "Chula Vista Bay Boulevard Street Lighting and Landscaping Maintenance District No. 1989-90 Fund"; and who shall place into said Fund all payments of assessments received from the County Tax Collector and payments shall be made out of said special Fund only for the purposes provided for in said Part 2, Division 15, Streets and Highways Code of the State of California, as set forth in Chapter 5, Section 22655, of said Code. SECTION 4. That the City Clerk of said City is hereby ordered to transmit, or cause to be transmitted, to the County Auditor of San Diego County, State of California, as contemplated under the provisions of the "Landscaping and Lighting Act of 1972", the Diagram and Assessment upon which such levy is based, and the County Tax Collector of said County (who is also the City Tax Collector for said City) is hereby designated, required, empowered, authorized, instructed, ordered and directed to make collection of all assessments shown in said Assessment and to perform the acts and duties as are required by law of and to be performed by the officer, employee, or person so designated. SECTION 5. That the City Clerk shall certify to the passage and adoption of this resolution; shall cause the same to be entered in the book of original resolutions of said City; and shall make a minute of the passage and adoption thereof in the records of the proceedings of the City Council of said City in the minutes of the meeting at which the same is passed and adopted. SECTION 6. That this resolution shall take effect immediately. Presented by Approve s to form by 1744a -3- ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF iULA VISTA, CALIFORNIA, this 13 dOy Of June 19 ,~9 , by the following vote, to-wit: AYES: Councilmembers Moore, McCandliss, Nader, Cox NAYES: Counci 1 members None ABSTAIN: Counci lmembers None ABSENT: Councilmembers Malcolm MoyO~r 2. of Go e City Visfo ,TE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Visto, Colifornio, DO HEREBY CERTIFY thor the obove ond foregoing is 0 full, true ond correct copy of RESOLUTION N0. 14132 ,ond fhot the some hos not been omendedor repeoled DATED I ' ,~ City Clerk CC-660 / , 3