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HomeMy WebLinkAboutReso 1989-13953 RESOLUTION NO. 13953 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CBULA VISTA, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVE- MENTS IN A PROPOSED ASSESSMENT DISTRICT; DECLARING THE WORK TO BE OF MORE ~HAN LOCAL OR ORDINARY BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The public interest and convenience require, and it is the intention of this body, pursuant to the provisions of Division 12 Of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the acquisition of certain public improvements, together with appurtenances and appurtenant work, in a special assess- ment district known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS The improvements to be acquired and financed under these proceedings are generally described as certain street improvements, including paving, grading, drainage ditches, landscaping, curbs and gutters, sidewalk, street lights, traffic signals, water system improvements, sewer improvements, storm drains, gas, electrical and communication facilities, together with appurtenances and appurtenant work to serve and benefit properties located within the boundaries of this Assessment District. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. That said improvements and work to be acquired are of direct benefit to the properties and land within the Assessment District, and this legis- lative body hereby makes the expenses of said work, improvements and acquisition chargeable upon a district, which said Assessment District is hereby declared to be the Assessment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including incidental expenses and costs and which is described as follows: All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said acquisition in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET)", and which map was heretofore approved and which said or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights-of-way therein contained belonging to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete description of said Assessment District, the said plat and proppsed boundary map on file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed acquisition is hereby referred to the SUPERINTENDENT OF STREETS, who is hereby directed to make and file the report in writing containing the following: A. Plans of the "as-built" improvements to be acquired; S. A final estimate Of the cost of the acquisition of the "as-built" works of improvements; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable costs and expenses of the proposed improvement upon the several divisions of land in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition of improve- ments. said assessment shall refer to suoh subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be acquired under these proceedings. When any portion or percentage of the cost and expenses of the acquisi- tion is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said acquisition, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 Of the Streets and Highways Code of the State of California, which bonds shall mature a maximum of and not to exceed TWENTY-FOUR (24) YEARS from the second day Of September next succeeding twelve (12) months from their date. The provisions of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. (_2) The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount Of interest payable in that year, will be generally an aggregate mnount that is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets and Highways Code of the State of California, specifically Section 10603, the Treasurer is hereby designated as the officer to collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer Or designated Paying Agent. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provi- sions of the "Municipal Improvement Act Of 1913", being Division 12 of the Streets and Highways Code of the state of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legislative body may determine, in accor- dance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) Or five percent (5%) of the total from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special IMPROVEMENT FUND identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the acquisition herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: JOHN LIPPITT, DIRECTOR OF PUBLIC WORKS CITY OF CHULA VISTA P. O. BOX 1087 CHULA VISTA, CA 92012 TELEPHONE: (619) 691-5021 PUBLIC PROPERTY SECTION 11. All public property in the use and performance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. ACQUISITION SECTION 12. That the public interest and convenience and the statute authorizes the acquisition of those improvements as described in this Resolution, and said improvements are in existence and have been installed in place prior to the date of adoption of this Resolution. For a general descrip- tion of the works of improvement, reference is made to the previously approved Acquisition/Financing Agreement, as approved by this legisla- tive body, a copy of which is on file with the transcript of these proceedings. NO CITY LIABILITY SECTION 13. It is hereby further determined and declared that the City will not obli- gate itself to advance any available funds from the City Treasury to cure any deficiency or delinquency which may occur in the bond redemp- tion fund by failure of property owners to pay annual special assess- ments. This determination shall be clearly set forth and stated in the title of the bonds to be issued pursuant to these proceedings as autho- rized and required by section 8769 of the Streets and Highways Code of the State of California. PETITION SECTION 14. That a petition signed by property owners representing more than 60% in area of the property subject to assessment for said improvement has been signed and filed with the legislative body, and said written petition expressly contains a waiver of any of the proceedings and limitations as set forth under Division 4 of the streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931". ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 15. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 10204 of the Streets and Highways code of the state of California, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve of other related funds. APPROVED and ADOPTED this 7th day of F~bruary ~ A , 1989. IsTA TEST , A HULA VISTA ThOmas J. H , City Atto ey ~-f~g~3 rn '~TATE OF CALIFORNIA 3UNTY 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. 13953 , 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 meeting of said City Council held on the 7th day of February , 1989, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS McCandliss, Nader, Moore NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Cox, Malcolm ABSTAIN: COUNCIL MEMBERS None EXECUTED this 9th day of February , 1989, at Chula Vista, California. f O~ ~I{ULA VISTA STATE O~ C~LI~R~I~ [SEAL]