HomeMy WebLinkAboutResolution - City Council - 82-468 - 1982-10-05,, "· ., . . .
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RESOLUTION NO. 82-468 -----
A RESOLUTION OF INTENTION OF THE COUNCIL
OF THE CITY OF FRESNO, CALIFORNIA, REGARDING
ACQUISITION OF IMPROVEMENTS
BY SPECil\L ASSESSMENT AND ASSESSMENT BOND
PROCEEDINGS IN THE MATTER OF CITY OF
, FRESNO' ASSESSMiCNT, DISTRICT NO. 84
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Public Works
RESOLVED, by the cou:ncil of the Cit~z of Fresnor Cali-
fornia, as follows;
1.. lt is the opinion of the Council and the Council
finds and declares that the public interest and conveni,ence re-
qui:ee, and that it is the ir~tention of the Council to order, the
acquisitions described in Exhibit uAn, attached hereto and by this
reference mad.e a part hereof, to be made by the City of Fresno in
an assessment distt:-ict designated CI1I1Y OF FRESNO ASSESSMENT 01CS-
TRICT NO. 84, the exterior boundaries of which are shown on the
map on file with the City Clerk, which map was approved by the
Council on oc tober 5, 1982, by Resolution No. 82 ... ,, lf.6f; • _.,......_,,_..,,...,._...
2. 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 wo:ck shall be shown on the plans to be done therein.
3. WhenevE~r any work is herein referred to as being
constructed in an easement, it will include all wc1rk in interven-
ing or termini s,treets it:o the extent that work shall be shown on
the·plans to be done therein.
4 l> All of said acquisitions were c:ons tructed 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 th_~ plans, profiles and specifica-
tions made the~efc,r and on file as hereinafter provided.
5. Notice is .pereby given of the fact that in many
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cases the work and improvements to be acquired have brought the
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finished work to a grade different from that formerly existing (S
To that extent, th€! grades are hereby changed a.nd the acquisitions
have been done to such changed grades.
6. The Council does hereby adopt and establish, as th,e
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 :re·ference to the datum plane of the City of
Fresno.,
7.. All items of work do not necessa1~ily extend :Eor the
full length of the description thereof. The pl.ans and profiles of
the work as contained in the Engineer's Report shall be c:!ontrol-
1 ing as to the correct and detailed description thereof.
8. The contemplated acquisitions, tn the opinion of the
Council, are of more than ordinary public benefit, and the Council
does h•=reb:l 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. 82-466 • The City Clerk is directed to
endors•=, fil~~ 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.)
9.. Said Council declares that therE~ '• shall be omitted
from the assessments, hereafter to be made to cover the costs and
expenses of said improvements, all public st:teets and highways
within the assessment district i.n use in performance of a public
funtion, 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 cour't order for
immediate possession has been obtained in compliance \tlith the Code
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of Civil Procedure provisit)ns relating to eminent domain proceed-
ings.
10. The streets, highwstys and public street rights-of-
way open or dedicated for public use, or rights-of-way required
for public use for wh:i.ch an order of immediate possession has been
obtained, are more particularly shown in the record13 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.,
11.. Notice is hereby <::riven that serial bonds to repre-
sent the unpaid assessments, and to bear interest at the rate of
not to exceed twelve percent (12%) per annum, will Joe issued here--
tinder in the 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 twenty ( 20) year;g from the 2nd
day of July, next succeeding ten months (10) from their date and
shall be subject to a call premium of five percent (5%) of the
unmatured principal upon all redemptions prior to maturity. The
Co1lncil 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.
12. There shall be included in each assessment proposed
to be levied herein a charge of fifteen ..-i--------1--Dollaris ($15 .. 00) as
an incidental expense to cover the estimated cost of preparing,
printing, servicing, and collecting the improvement bonds proposed
to be issued to represent the ase:essments.
13. Except as herein otherwise providec:1 for the issu-
ance of bonds, all of said acquisitions shall be made and aone
pursuant to the provisions of Article 20 of Chapter 15 of the
Fresno Municipal Code.
14. The proposed acquisitions are hereby referred to
the Public W4-:>rks Director of the City of Fresno, ias the En9ineer
of Work, he being the officer of the City having charge and con-
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trol of public improvements of the kind herein described; and such
Engineer of Work is hereby dir(1~cbed to make and file with the City
Clerk of this City a t·eport in w1:i ting c:ontain:i,ng all matters t7e-
quired by Section 10204 of the Streets and Highways Code, incl\1d-
ing the following:
( a) A general description of works or appliances ~tl-
ready installed and any· ether property necessary or con'7enient for
the operation of the improvements·"
( b) An itemized and total estimate of the costs of the
improvements and of the cost of lands, rights-of-way, easements,
and inc~idental expenses in connection with the acquisitions.
( c) A diagram showing the assessm1ent district and the,
boundaries and dimensions of the subdivisions of land within the
district as they existed at the time of the passage cif this Reso-
lution of Intention. Each subdivision, including each separate
condominium interest as defind in Section 783 of the Civil Code,
shall be given a separate number upon the diagram.
( d} A proposed assessment of the total amount of the
cos ts and expenses of the proposed acquisitions upon the sev<~1ral
subdivisions of land in the district in proportion to the esti-
mated benefits to be received by such subdivisions, respectively,
from the improvements being acquired, and of the expenses inci-
dental thereto.. When any portion or percentage of the costs and
expenses of the acquisitions is ordered to be paid out of the
treasury of the City, or contrilbuted by c,ther governmental agen-
cies., the amount of such portion or percentage shall first be
deducted from the total estimated costs and expenses of the acqui-
sitions, and the assessment upon property propo9:ed in the report
shall include only the remainder of the estimated costs and ex-
penses. The assessment shall refer to the subdivisions by their
respective numbers as assigned pursuant to subdivision (d) of this
section.
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15. If, after completion of the acquisition of the
improvi~ments 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 Counc:tl may determine in accordance
with the provisions of the Fresno Municipal Code or of general law
relating to disposition of such surplus.
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CLERK'S CERTIFICATE ...,__,. .......
I, JACQUELINE L .. RYLE, City Clerk of the City of Fresno,
hereby certify that the foregoing resolution was regularly intro-
duced and adopted by the City Council of the City o,f Fres:n.o at a
regular meeting held on the 5th day of october, 1982, at the
City Hall in the City of Fresno, by the following vote:
AYES:
NOES:
ABSENT:
COUNCILMEMBERS: Doig, Humphrey, Reich, Williams, Wills, Whitehurst
COUNCILMEMBERS: None
COUNCILMEMBERS: Alvarado
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EXHIBI:f.1 HA H
List of Improvements to be inoluded in Assessment District
No. 84 (Tract 3428)
I. Improvements
(a} Sanitary Sewer Mains and services
{b} Dome~stic Water Mains, services and fire hydrant~~
(c) Concrete curbs" gutters, sidewalks., median islands,
and street paving~
{d) Irrigation pipeline facilities
(e) Storm Drain pip.eline, manholes and inlets
(f) Natural Gas Oistribution Facilities
(g) Electrical Distribution Facilities
(h} Telephone Communication Facilities
(i} Street Lights and Traffic Signal Conduit
II. Miscellaneous Fees
l) J?rontage Charge
2) Fi.re Hydrant Charge
3) 1i'ransmission Grid Main Charge
4) Tap and Meter Charges
5) Wet-tie Charges
(b) Sewer
1) Oversize Charge
2) Lateral Charge
3} Trench Compaction Charge
{c) Urban Growth Managment
1) Traffic Signal
2) Major Street
3} Park Development
4) Water Well Development
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(d) Incidental Costs
1) Engineering Design (Subd .. )
2) Engineering Design {Storm Drain)
3) Plan Review Fees
4) Insp~~c,tion Fees {subd,.)
5) Inspection Fees (Storm Drain}
6) Subdivision Map Filing Fees
7) Other Miscellan.eous Construction Fees. required
by Subd. Agreement