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HomeMy WebLinkAboutReso 1989-14012 (b) RESOLUTION NO. 14012 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, OVERRULING AND DENY- ING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, has, by Resolution, declared its intention to order the acquisition of certain public works of improvement, together with appurtenances and appurtenant work, 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 known and designated as ASSESSMENT DISTRICT NO. 87-1 (EAST "H" STREET) (hereinafter referred to as the "Assessment District"); and, WHEREAS, certain owners of property liable to be assessed for said acquisition have filed written protests Or objections and delivered the same not later than the hour set for hearing such objections; and WHEREAS, at the time set for said Public Hearing, all protests and objections were duly heard and considered, and all matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit and whether the assessments were apportioned in accordance to benefit were heard and considered. ~W, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the public hearing on the Assessment District is hereby closed. SECTION 3. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one- half (1/2) of the area of property to be assessed for said acquisition within said Assessment District. SECTION 4. That is hereby further determined that all properties within the bounda- ries of the Assessment District receive a local and direct benefit from the acquisition as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread Over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 5. That the Engineer's method of spread and apportionment of all costs is hereby adopted and approved as being a correct and proper apportionment and distribution of all assessable costs for these works of improvement. APPROVED and ADOPTED this 14th day of March , 1989. ~YOR &~ V CITY OF C A VISTA STATE OF CALIFORNIA AT ST: STATE OF CALIFORNIA S._TATE OF CALIFORNIA ~NTY OF SAN DIEGO fY 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. 14012 , 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 14th day of March , 1989, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Malcolm, Nader, Moore NOES: COUNCIL MEMBERS McCandliss ABSENT: COUNCIL MEMBERS None ABSTAIN: COUNCIL MEMBERS Cox EXECUTED this day of , 1989, at Chula Vista, California. CITY CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA