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HomeMy WebLinkAboutReso 1988-13671 RESOLUTION NO. 13671 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING CHANGES AND MODIFICATIONS IN PROCEEDINGS AND ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913" WHEREAS, the CITY COUNCIL Of the CITY OF CHULA VISTA, CALIFORNIA, has previously adopted its Resolution of Intention and confirmed an assessment for certain works of improvement in a special assessment district, 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; said special assessment district known and designated as ASSESSMENT DISTRICT NO. 85-2 (hereinafter referred to as the "Assessment District"); and, WHEREAS, subsequent to the confirmation of the assessment and after the improvements were ordered, but during the pendency of these proceedings, it appears to be in the best public interest to order certain changes and modifications to the proceedings, the Engineer's "Report", and certain individual assessments; and, WHEREAS, it is hereby further determined that certain assessments will be increased; however, the owners of property affected by said increase have expressly consented to and requested in writing that the changes in the assessments be made. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That it is hereby ordered that the changes be made as set forth in the attached Exhibit "A", and the assessment roll shall be modified and amended to reflect the modifications as set forth in said Exhibit "A", and the Engineer is directed to proceed to so modify the Engineer's "Report", assessment roll and diagram where appropriate. SECTION 3. That said changes and modifications are hereby ordered pursuant to the provisions of Section 10352 of the Streets and Highways Code of the State of California, and although said changes and modifications will result in the increase to certain assessments, the owners of the property affected have expressly requested and consented in writing that the changes in the assessments be made. A copy of consent form is attached hereto as Exhibit "B", referenced and so incorporated. SECTION 4. That said changes and modifications, as so ordered, are to the best interests of the property owners within the boundaries of the Assessment District and the assessment roll and Engineer's "Report", as modified, shall now stand as the "Report" for all subsequent proceedings relating to this Assessment District. SECTION 5. That no public hearing is required for these changes and modifications inasmuch as said modifications meet the intent and requirements of said Section 10352 of the Streets and Highways Code, and it is further hereby determined that said changes and modifications will more correctly reflect the benefits to be received from the works of improvement based upon the maps and units that have previously been approved for the development of land within the boundaries of the Assessment District. APPROVED and ADOPTED this 19th day of ~~/~/~ , 1988. MAYOR PRO TEMPORE CITY OF CHULA VISTA J~ITY OF CHULA VIiTA STATE OF CALIFORNIA Presented by Approved as to form by CST:AY069 ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF .JLA VISTA, CALIFORNIA, this 19t.h day of July .,_ 19 88 , by the following vote, to--wit: AYES: Councilmembers McCandliss, Nader, Malcolm, Moore NAYES: Counci I members None ABSTAIN: Councilmembers None ABSENT: Councilmembers cox MAYOR PR~M~ OF THE CITY OF CHULA VISTA ATTEST ~ ~' ~ City Clerk , JE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is o full, true and correct copy of RESOLUTION N0. 13671 ,and thot the some has not been omended or repeoled DATED ,- ~ City Clerk el'n( OF CHULA /ISI'A cc-$eo STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA I, JENNIE FULASZ, CITY CLERK of the CITY OF CHULA VISTA, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 13671 , 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 19th day of July , 1988, and that the same was passed and adopted by the following vote: AYES: COUNCIL MEMBERS Malcolm, Moore, McCandliss, Nader NOES: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS Cox ABSTAIN: COUNCIL MEMBERS None ~P~Y CLERK CITY OF CHULA VISTA STATE OF CALIFORNIA CIIY OF CHULA VISTA CITY OF CHULA VISTA ASSESSMENT DISTRICT NO. 85-2 EXHIBIT "A" To better distribute the costs and expenses of the works of improvement, including incidental expenses, in proportion to the benefits to be recevied generally relating to the number of dwelling units allowable on any particular parcel of property, it is hereby ordered that the following changes and modifications be authorized and made: Surplus amounts remaining following apportionment based upon subdivision maps being filed and/or proposed land development in the amount of $68,589.75 are hereby ordered and authorized to be transferred to undeveloped land and parcels; said modification to be made is described as follows: ASSESS- TAX ASSESSOR'S AS MODIFICATION MODIFIED AND APPROVED MENT NO. PARCEL NUMBERS CONFIRMED AND REDUCTION NEW ASSESSMENT 998 595-070-17 $88,593.78 $ 25,423.05 $ 63,170.73 999 595-070-18 211,621.87 43,166.70 168,455.17 It is hereby further ordered and authorized that the amount above authorized to be modified and reduced ($68,589.75) be added to Assessment No. 370 as follows: ASSESS- TAX ASSESSOR'S AS MODIFICATION MODIFIED AND APPROVED MENT NO. PARCEL NUMBERS CONFIRMED AND INCREASE NEW ASSESSMENT 370 595-070-08 $1,466,042.54 $ 68,589.75 $1,534,632.29 595-080-10 643-020-16 643-030-02 *** , , ,FJ-12 __ t'~ 0 0