HomeMy WebLinkAboutResolution - City Council - 82-474 - 1982-10-05' .. •
RESOLUTION MO.. 82-474 ----
A RESOLUTION OF INTE!NTION OF THE COUNCIL
OF THE CITY OF FRESNO r CALIFORNIA, !U~GARDING
CONSlTRUCTION AND ACQUISITION OF IMPROVEMENTS
BY SPECIAL ASSESSMEN'l! ANO ASSESSMEN'l~ BOND
PROCEEDINGS I1~ TB~: MA'!"'l?ER OF CITl~ OF
IfRESNo' ·AsSE'Sl3MEN'l1 DISTitiCT ·No,.. El8 .. ---------,~--.-..-~ ......
Pub l i c Works
RESOLVED., by the Counc.il o:E the City of Fresno, Cali-
fornia, as follows:
1. It is the opinion of the Council i~nd thE~ Council
finds and declares that the public interest and convenience re-
quire, and that it :ls the intention of the Council to order, the
following work, acquisitions and improvemenb~: Construction a111d
installation of approximately 4812 lineal feet of 48 inch rein-
forced concrete pipe along the westerly side of Fresno Street
between Bullard Ave11ue and He:rndon Avenue,, ~rent pipes,. stand
pipes, trenching, resurfacing where required; the doing of all
transition wo:ck and the construction and acquisition of all
improvements and rights-of-way auxiliary to any of the for~going
and necessary to carry out same in accordar1ce with the require-
men ts of the City of Fresno.
The work, acquisitions and improvements are to be made by the City
of Fresno in a~ assessment dis>trict designated CITY OF FRESNO
ASSESSMENT DISTRICT NO. 88, the exterior boundaries of which are
shown on the map on file with the City Cler·k, which map was
approved by the Council on October 5, 1982ir by Resolution No. 82-
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2. Whenever any public way is refert·ed to as running
between two public ways, or from or to any public way, the inter-
sections of the public ways referred to ar€i included to the 1extent
that the work shall be shown on the plans to be done therein.
3. Whenever any work is here:tn refeirred to as being
constructed in an easement, it will include all work in inberven-
ing or termini streets to the ex tent that work :shall be shown on
the plans to be done therein.
4 • Al 1 of said work and improvements; are to be con-
structed at the places, and ift the particular locations, of the
forms, s,izes, dimensions, and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles
and specifications to be made therefo1;, as hel~einafter provided ..
5. There is to be excepteid from th,e work herein des-
cribed any of such work already done to line and grade and marked
excepted or shown not to be done on said pla.ns, profiles and
specifications.
6.. Notice is hereby given of the fi!l.Ct 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 s,uch
changed grades.
7. 1.l~he Council does he:ceby adopt and establish, ai:> the
official grades for such work, the grades and elevations to be
shown upon s~id plans, profiles and spec if icat:ions. 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.
8. All i terns of work do not necessarily extend for the
full length of the description thereof. The plan~; and pr<)files of
the work as contained in the Engineer• s Report shall be control-
ling as to the correct and detailed descr·iption thereof.
9. The contemplated work, acquisitions and :improvements
in the opinion of the Council, are of more than ordinary public
benefit •. and the Council does here?by make the C0!3ts, and expenses
thereof chargeable upon an assessment district, which district th~
council declares to be the district benefited thereby; and the
description of the exterior boundan~ies of the ass•~ssment district
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are as shown on the map of said district on file with the City
Clerk and approved by the O::>uncil by Resolution 1~0. 82-.1l.Zl ,_.. The
city Clerk is directed to endorse, file and t:ransmit copies of
such map as provided in Parts l and 2 ( be9 int1ing with Sec ti,;,n
3100) of Division 4.5 of the Streets and Highway:a Code-i)
10. The Council deterntines that, where ther.e is any
disparity in level or size between the improvement and prilvabe
property, it is in the public interest and mort~ 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 dispar{ty and the actual
cost of such work may be added to the assessment of the lot on
which the work is to be done.
11. Said Council declares that ther~~ shall be omitted,
from the assessments, hereafter to be made to <~over the costs and
expenses of said improvements, all public streets and highways
within the assessment district in use in performance of a public
funtion, all rights-of-way for public streets open or dedicated
for public use, and all publi.c street rights-c:>f'-·way r,equired for
public use and for immediate possession of which a court order fo,r,
immediate posse.ssion has been obtained in compliance with the code'\
of Civil Procedure provisions relating to emin1ent domain proceed-
ings.
12. 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 pos,session has been
obtained" arei more particularly shown in. the re'.cords in the office
of the Ooun ty Recorder of Fresno Coun t.y and ~:ihalrl be shown upon
the plan::) het·ein referred to and to be filed w:i.th the Ci.ty Cl.erk..
13., Notice is hereby given that serial bonds to repre-
sent the unpaid ass,~ssments, and to bear inte1:est at the rate of
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not to exceed twelve percent ( 12%) per annum, will be issued lhere-
underc in the manner provided by Bond Plan B, Arti<:-:le 24 of Chapter
15 of the Fresno Municipal Code 1, the last installment of which
bonds sihall mat.ure not to exceed thirty•-nine ( 39) years from the
2nd day of January, next succeeding the next September 1st follow ... ,
ing their. date and shall be subject t() a call pt·emium of five
percent (5%) of the unmatured principal upon all redemptions prior
to maturity~ The Council determines and declares that the princi-
pal amoun.t of the bonds maturing each yeatr shall be other than an
amount equal to an even annual proportion of the aggregate pr:lnci .....
pal of the bonds.
14. There shall be included in each assessment proposed
to be Levied herein a charge of Fifteen IK>llar.s {$15.00) as an in-
cidental expense to cover the est:tmated ,::;ost of preparing, print-
ing, servicing, and collecting the impr<>vemex1t bonds proposed tc►
be issued to represent the asst;>ssmen ts It
15. Except as herei11 otherwise provided for the :i.ssu-·
ance of bonas, all of said improvements shall be made and done
pursuant. to the provisions of Article 18 of Chapter 15 of the
Fresno Municipal coae• and thE~ Municipal Imp:r<)vement Act of 1913,
Division 12 of the Streets and Highways 0:)de c,f the state of Cali-
fornia. 1: Section 10000 et seq.), a.s applicable.
16. The proposed improvements are ht~reby referred to
the Public Works Director of the City of Fre~3no, as the Engineer
of Worki, he being the officer of the City having charge and con-
trol of the construction of public irnprovement:s of the kind herein
described; and such Engineer of work is hereby dire<:! ted
to make and file with the City Clerk oJ: this City a report. i1i
writing containing all matters required by Section 10204 of the
Streets and Highways Code, including the i:oll<>wing:
( a) Plans and specifications of the proposed improve-
ments to be made pursuant tc this resolution.
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( b) A general description of woJ:-ks or appliances al-
ready installed and any other property necessary or convenient :Eor
the operation of the improvements;, if the wor:k;s,. applLances, or
property are to be acquired as part of the impr<:>vements.
( c) An itemi!ied and total ~~stimate of the costs t:>f the
improvements and of the cost of lands, rights-•o:f-way, e1;1.sements,
and incidental expenses in connection with the lmpx:·ovements.
( d) A diagram showing the assessmen1; district atLd the
boundaries and dimensions of the subdivisions c:>f land within the
district as they existed at the time of the pas1sagre of this Reso-
lution of Intention .. Each subdivision., in<:ludtng each separate
condominium interest as def ind in Section 78,3 C:)f the Civil Code,
shall be given a separate number upon the dic~gram.
t: 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 esti-
mated benefits to be received by such subdivisions, respectively,
from the improvements, and of the expenses; incidental thereto.
When any portion or percentage of the costs and expenses of the
improvements is ordered to be paid out of the· treasury of the
City, or contributed by other governmental ag;eno:i,es, the amount of
such portion or percentage shall first be deducted from the total
estimated costs and expenses of the improvements, and the assess-
ment upon property proposed in the repoirt shall include only the
remainder of the estimated costs and e•xpen1~es,. The assessmel).t
shall refer to the subdivisions by the·ir respective numbers a:s
assigned pursuant to subdivision (d) of this section.
17.. 1'he City shall contributE:? to the purposes of the
district by· providing r or paying for v the pror,ata share of the
cost of constructing the :E lpf\ine, including incider.,tal expenses,
through the properties which voluntarily ded:i.catE~ to the City the
easements necessary or convenient to the work and improvements
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described herein.. The total estimated cost <Jf e:uch contributions
is $ _11•§-1-497~ 83 •
18. If, after completion of the propc>sed improvements
and the payment of all claims from the :~mprov•~ment funds, there is
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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 sruc:h
manner as the Council may determine in accorclance with the provi-
sions of the Fresno Municipal Code or of general law· relating to
disposition of such surplus.
19. Th,e public interest and necessity will not be
served by allowing a property owner or owners to tak~! the contra~l t
for the work to be done under these proceedings and no notice of
award of contract need be published.
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CLERK'S CERTIFtCATE : . .........
I u JACQUELINE L. RYLE, City Clerk of' the City of Fresno,
hereby certify that the foregoing resolution Was regularly intrc,-
duced and adopted by the City Coum:~il o:E the CitJr of Fresnl!'., at a
regular meeting held on the . 5th day of Oc~tober, 1982, at the --.
City Hall in the City of Fresno, by the followin9 vote::
AYES:
NOES:
ABSENT:.
COUNCILMEMBERS: A 1 va rado $Doig, Humphrey, Rei ch ,Wi 11 i ams ,vfi l ls ,Wh i tehu:rs t .
COUNCIL.MEMBERS: None
COUNCILMEMBERS: None
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