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HomeMy WebLinkAboutResolution - City Council - 79-103 - 1979-03-13M RESOLUTION NO. 79 ` i 0 3 A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNOt CALIFORNIA, ADOPTING THE ENGINEER'S REPORT AS MODIFIED, CONFIRMING THE ASSESSMENT AND ORDERING THE WORK, ASSESSMENT DISTRICT NO. 67 RESOLVED, by the Council of the City of Fresno, California, that: WHEREAS, on the 4th day of April, 1978, this Council adopted its Resolution of Intention No. 78-142 to construct and acquire improvements by special assessment and assessment band proceedings in said City, and referred said proposed improvements to the Director of Public Works of the City of Fresno as the Engineer of Work of said District, he being appointed by this Council for that purpose;and WHEREAS, this Council thereby directed said Engineer of Work to make and file with the City Clerk a rreport in writing in accordance with and pursuant to the provisions of Article 2g of Chapter 15 of the Municipal Code of the r A City P p y o f Fresno; which report was duly made and filed with the City; Clerk, whereupon said Clerk presented it to this Council for consideration; and this Council 'thereupon duly considered said report and each and every part thereof and found that it contained all the maffers and things called for by the provisions of said Code, including (I) maps and descriptions of the facilities, (2) plans and specifications of the proposed improvements, (3) estimate of costs, (4)_ diagram of district, and (5) an assessment according to benefits, all of which was done in the form, and manner required by said Code; and' WHEREAS, this Council found that said report and each and every part thereof was sufficient in every particular and determined that it should stand as the report for all subsequent proceedings under said Code, whereupon this Council, pursuant to the requirements of said Code, appointed March 13, 1979, Tuesday, al- the hour of 7:00 P.M. of said day in the Council Chambers, City 1-fall, 2326 Fresno Street Fresno, California, as the time and place for hearing protests in relation to said proposed ; improvements and acquisitions, the extent of the assessment district, and Ito the 11 d assessments; and RVIEWED IN Q. P. C. WHEREAS, it aPPears that notice of the passage of the Resolution of Intention, of the filing of said report, and of the time and place for hearing protests or objections to said proposed improvements and acquisitions have been published, posted and mailed in the time, form and manner required by said Code, as .evidenced by the affidavits on file with the City Clerk; and WHEREAS, said protest Dearing was duly and regularly held by the Council at said time and place on March 13, 1979; and WHEREAS, said hearing was closed and action thereon taken by the Council; and WHEREAS, the Council did hear all objections and protests to said improvements and acquisitions, and to the extent of the assessment district, and to the proposed assessment and diagram, and to the maps and descriptions, and to the grades at which said work will be done, and to the Engineer's estimate of the costs and expenses, and all persons interested and desiring to be heard were given an opportunity to be heard and all matters and things pertaining to said improvements and acquisitions were fully heard and considered by this Council; and WHEREAS, written protests, filed with the City Clerk at or before 700 P.M. on March 13, 1979, were not signed by the owners of more than one-half of the area of the land to be assessed to pay the cost of the project and said protests as filed did not constitute a majority protest; and WHEREAS, the Engineer of Workreported that the total of the lowest construction bids received for storm drainage facilities (Phase 1) and street improvements (Phase 11) was higher than the Engineer's estimate for the cost thereof, and that the City of Fresno was requested to contribute additional funds. The assessable costs were proposed for a reduction based on the unit prices in the bids; and WHEREAS, the Council ordered the Engineer of Work to modify the Engineer's Report by raising the estimate of the total project cost from $3,947,960 80 to $ 4 ,181 s 7 35.0 0 , to increase the City contribution from $3,004,524.90 to $ 3 , 222 , 2 9 8 , 00, and respreading the reduction in assessable costs in accordance with the procedures for determining assessable and non -assessable costs, all as set .forth in the Modified Engineer's Report presented and filed by said Engineer, a copy of which is on file with the City Clerk; and -2 r= d 0 WHEREAS, said modifications and changes do not increase the cost of any assessment or substantially affect the distribution of benefits from the work, acquisitions and improvements; and WHEREAS, this Council accepts said Engineer's Report, as so modified, and directs that the same be filed in accordance with law; and WHEREAS, this Council finds and determines that said Engineer's Report, as modified, and each and every part of said report should be adoptedand approved and WHEREAS, this Council has acquired jurisdiction to order said improvements and acquisitions and a confirmation of the diagram and assessments, as modified, to pay the costs and expenses thereof; NOW, THEREFORE$ THIS COUNCIL DOES HEREBY` FIND, DETERMINE AND ORDER AS FOLLOWS. 1. That the owners of more than one-half of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said; hearing, file written protests against the said proposed improvements cis a whole, or against the said district or the extent thereof to be assessed for the costs and expenses of said improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the reaps and descriptions, or against the diagram or assessment to pay the costs and expenses thereof. 2. This Council hereby declares that the territory within the boundaries specified and described on the Boundary Map of City of Fresno Assessment District No. 67 is the district to be benefited by said work and improvement and to be assessed to pay the costs and expenses thereof? that the expense of said work and improvements is hereby made chargeable upon said district; and that the exterior boundaries of said assessment district are hereby specified and described to be as shown on that certain Boundary Map now on file in Book 19 , at pages 7 3 through 79 of maps of Assessment Districts in the office of the County recorder of Fresno County and with the Clerk entitled "City of Fresno Assessment District No. 67, City of Fresno, Fresno County, California", which boundary map indicates by a boundary line the extent of the territory included in .said proposed district and shall govern for all details as to the extent of the assessment district. 3. That the plans and specifications for the proposed improvements, contained in said Engineer's Report be, and they are hereby, finally adopted and approved as the. }clans and specifications to which said work shall be done. 4. That the Engineer's modified estimate of the itemized and total costs and expenses of said improvements and acquisitions, and of the incidental expenses in connection therewith, as contained in said Engineer's Report as modified be, and 'they are hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said acquisitions and improvements. Said modifications and changes do not increase the cost of any assessment or substantially affect the distribution of benefits from the work, acquisitions and improvements. S. There shall be emitted from the assessments hereafter to be made to cover the cost and expenses of said improvements, all public streets and highways within said assessment district in use in the performance of a public function. 6 That this Council does hereby order the improvements to be made as described in and in accordance with said Resolution of Intention on file in the office of the Clerk of said City, reference to which, and to the Engineer's Report, as modified, is hereby made for a more particular description of said improvements and 'acquisitions and also for further particulars pursuant to the provisions of said Municipal Code of the City of Fresno. 7. 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 district as the same existed at the time of the passage of said Resolution of Intention, and each of which subdivisions having been given a separate number upon said diagram, as contained' in said report, as modified, be, and it is hereby finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses to be assessed on account of said improvements. 8. That the modified assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively, from said improvements, and of the expenses incidental thereto, contained in said Engineer's Report, as modified, are finally approved and confirmed as the assessment to pay the costs and expenses to be assessed on account of said improvements. 9. That said Engineer's Report, as modified, is hereby finally approved and adopted as a whole. 10. The Clerk shall forthwith deliver to the Director of Public Works the said modified assessment, -together with said diagram thereto attached and made a part thereof, as confirmed by this Council with her certificate of such confirmation, and the date thereof, thereto attached; and that said Director of Public Works shall forthwith record said diagram and assessment in his office in a suitable book to be kept for that purpose, and append thereto his certificate of the date of such recording and such recordation shall be and constitute the assessment roll herein. 11. That the Clerk shall further file an assessment diagram with the Fresno County 'Recorder and shall execute and cause a Notice of Assessment., with the assessment roll attached, to be recorded in the office of the County Recorder of Fresno County, in the manner and form prescribed by law. The Clerk shall further cause a certified copy of said diagram and assessment to be filed in her office in the City of Fresno, California. 12. That the Controller, upon the recording of said Modified diagram and asssessment, shall mail to each owner of real property within the assessment district at his last known address as some appears on the tax rolls of the City or on filed in the office of the City Clerk, or to bath addresses if addresses are not the same, or to the general delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the some, the amount of the assessment, the date of recordation of said assessment, the time and place of payment thereof, the effect of failure to pay within such time, and a statement of the fact that serial bonds to represent unpaid assessments and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder pursuant to Bond Plan B Article 24 of Chapter 15 of the Municipal Cade of they City of Fresno, the last installment of which bonds shall mature not to exceed nine (9) years from the 2nd day of July, next succeeding ten (10) months from their date. 13. That the Treasurer of the City of Fresno shall also cause to be published once a week for two successive weeks in the Fresno Bee, a newspaper published and circulated in said City, a notice stating that sold assessment has been recorded in his office, and that all sums assessed thereon are due and: payable immediately, and that 3 the payment of said sums is to be made to the City Treasurer (Controller) within thirty (30) days after the date of such notice, and of the fact that if any assessments are not paid within the thirty (30) day period, bonds will be issued upon unpaid assessments as above provided. 14. The City Treasurer (Controller) shall collect and receive the money paid pursuant to said assessment. CLERK'S CERTIFICATE 1, 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 13th day of March 1979', at the City Hall in the City of Fresno, by the following vote; AYES: ALVARADO MACK, WILLIAMS, WILLS, `WHITEHURST NOES: DOIG ABSENT: REICH JACQUELINE L. R.YLE, City Clerk -6-