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HomeMy WebLinkAboutReso 1989-13954 RESOLUTION NO. 13954 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CEULA VISTA, CALIFORNIA, ACCEPTING AND APPROVING THE PRELIMINARY ENGINEER'S REPORT AND SETTING A TIME AND PLAC~ FOR PUBLIC HERING FOR APPROVAL OF FINAL ENGINEER'S REPORT AND CONFIRMATION OF TEE ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL Of the CITY OF CHULA VISTA, CALIFORNIA, has instituted procepdings for the acquisition of certain public works of improvement and appurtenances under 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 known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the legislative body as Engineer's Report provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and this Engineer's Report has been presented.for consideration; and, WHEREAS, a Resolution of Intention for this improvement was previously adopted by the legislative body; and the Engineer's Report as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. W, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to hereinabove is considered adopted, passed upon, and preliminarily approved, as follows: A. That the plans for the "as-built" improvements to be made, contained in said "Report" be, and they are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemized and total costs and expenses of said "as-built" acquisition and improvements, and of the incidental expenses in connection therewith, contained in said "Report", be, and each of them are hereby preliminarily approved and adopted; C. That the diagram showing the Assessment District referred to and described in said Resolution of Intention, and also 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 said Resolution of Intention, each Of which subdivisions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily approved and adopted; D. That the proposed assessment upon the several subdivisions of land in said Assessment District, in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisi- tion, and of the incidental expenses thereof, as contained in said "Report", be, and they are hereby preltminarily approved and adopted; E. That the maps and descriptions of the lands and easements to be acquired, as contained in said "Report" be, and the same are hereby preliminarily approved; F. That said "Report" shall stand as the Engineer's "Report" for the purpose of all subsequent proceedings ha~ pursuant to said Resolu- tion of Intention. SECTION 3. NOTICE IS HERESY GIVEN THAT ON TUESDAY, THE 14TH DAY OF MARCH, 1989, AT THE HOUR OF 7:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED ACQUISITION, OR ASSESS- MENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE ACQUIREDIN ACCOR- DANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. SECTION 4. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the Assessment District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the Resolution Of Intention and of this Resolution, all in accordance with the provisions of said Division 12. EECTION 5. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Resolution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government code, in the newspaper previously designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. SECTION 6. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Resolution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto, or as known to said City Clerk, and to all other persons as prescribed in accordance with the provisions Of said Division 12. SECTION 7. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Division 4.5 of the streets and Highways Code of the State of California. MAYOR CITY OF CHULA VISTA ULA VISTA ThOmas J. ~/r6n, City Attorney STATE OF CALIFORNIA '~TATE OF CALIFORNIA )UNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE M. FULASZ, CITY CLERK of the CITY OF CHULA VfbTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 13954 , 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 Februar7 , 1989, at Chula Vista, California.