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HomeMy WebLinkAboutResolution - City Council - 79-030 - 1979-01-23U RESOLUTION NO. 79- 30 RESOLUTION OF INTENTION CITY OF FRESNO ASSESSMENT DISTRICT NO. 80 RESOLVEDr by the Council of the City of Fresno, California that: 1. The public interest and convenience require, and it is the intention of the Council of the City of Fresno to order the following work and improvements in said City. Construction and installation of water distribution facilities, including, but not limited to mains, service connections, fire hydrants, and appurtenances and acquisition of all easements and rights -of -way and the installation of all transition work and all improvements auxiliary to any of the foregoing and necessary to complete the same within the area south of E. Carmen Street, west of Dearing Strut, north of that easement and right-of-way known as the Fresno Inter -urban Railway and east of a line running generally parallel to and approximately 180 feet west of the center line of Sierra Vista Street and the extension of said center line southerly to its intersection with said Inter -urban Railway. All of said work, acquisitions and improvements to be done pursuant to Article 18 of Chapter 15 of the Municipal Code of the City of Fresno and the Improvement Act of 1911, Division 7 of the Streets and :highways Code of the State of California (Section 5000 et seq.). 2. All of the hereinbefore described work is more particularly and specifically set forth and described in the plans and specifications made therefor by the Director of Public Works/Engineer of the City, and adopted by the Council of the City of Fresno as the plans and specifications for said work by Resolution No. 79- entitled, "Resolution Approving Flans and Specifications", which said resolution was passed and adopted by said Council of the City on the 23rd day of January, 1979 and which plans and specifications are now on file in the office of the City Clerk of the City of .Fresno and are hereby expressly referred to for a full and detailed description and location of said proposed work and improvements. REVIEWED 0. P. C. CA J M 0 3. Whenever any public way is referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent that the work shall be shown on the plans to be done therein. 4. Whenever any work is herein referred to as being constructed in an easement, it will include all work in intervening or termini streets to the extent that work shall be shown on the plans to be done therein. 5. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions, and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications approved therefor. 6. There is to be excepted from the work herein described any of such work already done to line and grade and marked excepted or shown not to be done on said playas, profiles and specifications. 7. Notice is hereby given of the fact that in many cases such work and improvement will bring the finished work to a grade different from that formerly existing. To that extent, the grades are hereby changed and the work will be done to such changed grades. 8. The Council does hereby adopt and establish, as the official grades for such work, the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and elevations are to be ultimately recorded in feet and decimals thereof with reference to the datum plane of the City of Fresno. 9. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work as contained in the approved plans and specifications shall be controlling as to the correct and detailed description thereof. 2 •- 14. The contemplated work, acquisitions and improvements, in the opinion of the Council of the City of Fresno, are of more than local or ordinary public benefit, and the Council does hereby make the costs and expenses thereof chargeable upon a certain proposed assessment district situate within the City of Fresno, which district said Council declares to be the district benefited thereby and which is to be assessed to pay the costs and expenses thereof, For a description of the proposed boundaries of said district reference is made to that certain map of the said district, on file in the office of the {City Clerk of the City and entitled "Proposed Boundaries of City of Fresno Assessment District No. 80", which said map indicates by a boundary line the extent of the territory included in said proposed assessment district, is hereby approved, and governs for all details as to the extent of said district, and is by this reference, incorporated herein and made a part hereof. The City Clerk is directed to endorse, file and transmit copies of such map as provided in Parts 1 and 2 (beginning with Section 3100) of Division 4.5 of the Streets and Highways Code. 11. The Council determines that, where there is any disparity in level or size between the improvement and private property, it is in the public interest and more economical to do work on private property to eliminate .such disparity rather than to adjust the work on public property. When the written consent of the owner of the property is first obtained, work may be done on private property to eliminate such disparity and the actual cost of such work may be added to the assessment of the lot on which the work is to be done. 12. Said Council declares that there shall be omitted from the assessments, hereafter to be made to corer the costs and expenses of said improvements, all public streets and highways within the assessment district in use in performance of a public function, all rights -of -way for public streets open or dedicated. -3- for public use, and all public street rights -of -way required for public use and for immediate possession of which a court order for immediate possession has been obtained in compliance with the Code of Civil Procedure provisions relating to eminent domain proceedings. 13. The streets, highways and public street rights -of - way open or dedicated for public use, or rights -of -way required for public use for which an order of immediate possession has been obtained, are more particularly shown in the records in the office of the County Recorder of Fresno County and shall be shown upon the plans herein referred to and to be filed with the City Clerk. 14. Notice is hereby given that serial bonds to represent the unpaid assessments, and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder to represent each assessment of $50.00 or more remaining unpaid for thirty (30) days after the date of mailing the statement required by Section 5390 of the Streets and Highways Code in the manner provided by Band Plan A, Article 23 of Chapter 15 of the Fresno Municipal. Code, the last installment of which bonds shall mature not to exceed nine (9) years from the 2nd day of January, next succeeding the next September 1st following their date and shall be subject to a call, premium of five percent (5%) of the unmatured principal upon all redemptions prior to maturity. 15. NOW, THEREFORE, NOTICE IS HEREBY GIVEN that Tues- day the 20th day of February, 1979, at the hour of 2:00 o'clock P.M. of said day in the regular meeting place of this Council, Council Chambers, City Rail, 2326 Fresno Street, Fresno, California, 93721., any and all persons having any objections to the proposed work or work and acquisition, may appear before said Council and show cause why said proposed work, acquisitions and improvements should not be carried out in accordance with this -4- Resolution of intention, and present written protest, not later than the hour hereinabove set for hearing, against the doing of said work, acquisitions and improvements, or the extent of the district to be assessed to pay the cost of expenses thereof. Such written protest shall be delivered to the City Clerk of the City of Fresno. The Department of Public Works (Consultant Services Section) of the City of Fresno is designated as the City Department to answer inquiries regarding the hearing proceedings. The telephone number is (209) 488-1478. 16. The City Clerk of the City shall cause this Resolution of Intention to be published twice in The Fresno Bee, a newspaper of general circulation published and circulated daily in the City, which said newspaper is hereby designated by said Council as the newspaper in which shall be printed and published all notices, resolutions, orders and other matters required to be published in the proceedings taken pursuant to this Resolution of Intention and under the provisions of the Improvement Act of 1911 and amendments thereto. The ,first publication of this Resolution of Intention shall be on a day not less than ten (10) days prior to the date herein fixed for hearing thereon and the second publication shall be on a subsequent day of the same or the subsequent week. 17. The Director of Public Works of this City is hereby directed to give notice of said hearing by conspicuously posting a notice thereof along all the open streets within the assessment district at not more than three hundred (300) feet apart, and not less than. three (3) in all, said posting and first publication to be had and completed at least ten (10) days before the date herein set for hearing of protests. Said posted notices shall be in accordance with Section 5193 of the Streets and Highways Code, including but not limited to the following, be headed "Notice of Improvement" in letters of not less than one-half (1/2) inch in height, in legible -5- characters, state the fact of the passage of said protests, refer to said Resolution of Intention for further particulars, and state the name and telephone number of the City Department designated to answer inquiries regarding the protest proceedings 18. The Clerk shall mail or cause to be wiled notice of the adoption of said Resolution of Intentions postage prepaid, at least ten (10) days before the date set for hearing of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for City taxes prior thereto or as known to the Clerk, which notice shall contain a statement of the time, place, and purpose of the hearing on said Resolution of Intention and a statement of the total estimated cast of the proposed improvement, and the amount of any contribution of work or labor and any portion of materials, supplies or equipment which is to be made by any local., state or national agency or authority together with a statement that any person interested may file a protest in writing as provided in said code, and the improvement Act of 1.911, and a statement of the name and telephone number of the City Department designated to answer inquiries regarding the protest proceedings. 19. The public interest will not be served by allowing the property owners, or any of them, to take the contract for the performance of the work required for the aforesaid improvement, and the property owners will therefore not be allowed to enter into a contract for the construction and completion of the aforesaid project. 20. The City shall contribute to the purposes of the district by providing, or paying for, 180 feet of 12 inch pipe; 84 feet of 20 inch steel casing; one wet tie---1.2 inch one-half of the following 108 feet of 8 inch pipe; 70 feet of 1+6 inch steel casing; one wet tie--8 inch; plus the City shall contribute $1,800 toward the fire hydrants required by the project. The total estimated cost of such contributions is $20,248.04. -6— a 21. Payment in advance of all or any part of the incidental and acquisitions costs by the contractor is hereby waived. I, JACQUELINE L. RYLE: City Clerk of the City of Fresno, hereby certify that the foregoing resolution was regularly introduced and adopted by the City Council of the City of Fresno at a regular meeting held on the 2 rd day of Jan r� s 1979, at the City Hall in the City of Fresno, by the following vote. - AYES: 1el 1, Crosby, Doif,, 1ac!', �, M laps, 1.-N1 1s,, '.lui to-liurs NOES: eons ABSENT: -.lone JACQUELINE L. RYLE, City k i -7—