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HomeMy WebLinkAboutResolution - City Council - 79-116 - 1979-03-20Pub 1 i c Vlo rks RESOLUTION NO. 79- 1 t b A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, REGARDING CONSTRUCTION AND ACQUISITION OF IMPROVEMENTS BY SPECIAL ASSESSMENT AND ASSESSMENT BOND PROCEEDINGS IN THE MATTER OF CITY OF FRESNO ASSESSMENT DISTRICT NO 79 RESOLVED, BY THE COUNCIL OF THE CITY OF FRESNO, CALIFORNIA, AS FOLLOWS I. This Council has heretofore determined by resolution, after hearing duly noticed and head thereon, that the public convenience and necessity require the improvements herein described and that "'The Special Assessment Investigation, Limitation and Majority Protest Act of 1931" shall not apply to these proceedings 2. It is the opinion of the Council and the Council finds and declares that the public interest and convenience require, and that it is the intention of the Council to order, the work, acquisitions and improvements described in Exhibit "A", attached hereto and by this reference made a part hereof, to be made by the City of Fresno in an assessment district designated CITY OF FRESNO ASSESSMENT DISTRICT NO. 79, the exterior boundaries of which are shown on the map on file with the City Clerk, which map was approved by the Council on February 27s 1979r by Resolution No. 79-79. 3. Whenever any -public way is referred to as running between two public ways, or from or to any public way, the intersections 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. lCaFsy CA F=1 11 5. All of said work and i.mpro vents are to be constructed at the places and in the particular locations, of the forts, sizes, dimensions, and materials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided, 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 plans, 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 dons to such changes grades. B. 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 Engineer's Report shall be controlling as to the correct ,and detailed description thereof. 10 The contemplated work, acquisitions and improve- ments, in the opinion of the Council, are of more than ordinary public benefit, and the Council does hereby make the costs and expenses thereof chargeable upon an assessment district, which. district the Council declares to be the district benefited thereby; and the description of the exterior" boundaries of the assessment district are as shown on the map of said district on file with the City Clerk and approved by the Council. by Resolution No. 79-79 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 Cade Y 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 f from the assessments, hereafter to be made to cover 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 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 Clem. 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 annumr will be issued hereunder in they manner provided by Bond Plan B,, Article 24 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 July, next succeeding ten (10) months from their date and shall be subject to a call premium of five percent (5%) of the -3 r Ask unmatured principal upon all redemptions prior to maturity. The Council determines and declares that the principal amount of the bonds maturing each year shall be other than an amount equal to an even annual proportion of the aggregate principal of the bonds.. 15. There shall be included in each assessment proposed to be levied herein a charge of Fifteen Dollars ($15.00) as an incidental expense to corer the estimated cost of preparing, printing, servicing, and collecting the improvement bonds proposed to be issued to represent the assessments, 16 Except as herein otherwise provided for the issuance of bands, all of said improvements shall be made and done pursuant to the provisions of Article 20 of Chapter 15 of the Fresno Municipal Code, 17. The proposed improvements are hereby referred to the Public works Director of the City of Fresno, as the Engineer of Work, he being the officer of the City having charge and control of the construction of public improvements of the kind herein described; and such Engineer of Work is hereby directed to make and file with the City Clerk of this City a report in writing containing all matters required by Section 10204 of the Streets and Highways Code, including the following (a) Plans and specifications of the proposed improvements to be made pursuant to this resolution. (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements. (c) An itemized and total, estimate of the costs of the improvements and of the cost of lands, nights of way, easements, and incidental expenses in connection with the improvements. -4- a* AML (d) A diagram showing.the assessment district and the boundaries and dimensions of the subdivisions of land within the district as they existed at the time of the passage of this Resolution of Intention. Each subdivision, including each separate condominium interest as defined in Section.783 of; the Civil Code, shall be given a separate number upon the diagram. (e) A proposed assessment of the total amount of the costs and expenses of the proposed improvements upon the several subdivisions of land in the district in proportion to the estimated benefits to be received by such subdivisions, respectively, from the improvements, .and of the expenses incidental thereto. When any portion or percentage of the casts and expenses of the improvements is ordered to be paid out of the treasury of the city, or contributed by othergovernmental agencies, the amount of such g - portion or percentage shall first be deducted from the total estimated costs and expenses of the improvements, and the assessment upon I property proposed in the report small include only the r remainder of the est;.mz-,ited costs and expenses. The assessment shall refer to the subdivisions by their respective - numbers` as assigned pursuant to subdivision (d) of this section. 18 The City shall contribute to the purposes of the district by providing, or paying for, valley gutters, corner returns, sidewalk landings at corners; fifty linear feet of sidewalk, curbs and gutters on side yards of corner lots, alley approaches, concrete replacement where necessary.because of grade chances or tree damage, asphalt concrete pavement overlay and reconstruction of streets, f h 19. If, after completion of the proposed improvements and the payment of all claims from the improvement funds, there is a surplus remaining in the improvement fund by reason of the assessment and any supplemental assessment the amount of such surplus, as determined by the Council, shall be used in such manner as the Council may determine in accordance with the provisions of the Fresno Municipal Code or of general law relating to disposition of such surplus. 20. The public interest and necessity will not be served by allowing ,a property owner or owners to take the contract for the work to be done under these proceedings and no notice of award of contract need be published. CLERK'S CERTIFICATE 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 20 th day of Ma rch t 1979, at the City Hall in the City of Fresno by the following vote. AYES Alvarado, Do g, Mack, Reich, Williams, Wills, Whitehurst NOES` none ABSENT: t4one k JACQUEtINE L. RYLE, City,1,lerk j -6