HomeMy WebLinkAboutResolution - City Council - 82-515 - 1982-11-02. ,. • •
RESOLUTION NO. 82-515 ................. ______ ,.
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, ADOPTING THE ENGINEER'S
REJ?ORT, CONFIRMING THE ASSESSMENT AND
ORDERING THE WORK
FRl~SNO ASSESSMENT .. DIS\TRICT NO. 84 .............., -~--~t 151 !z µpf #tM'f!ll .. 11 ri I>: .. W,.,.fW/1 h .....
PubH C Works
City· Attorney
Finance ,
RESOLVED, by the C(:>uncil of the City of Fresno, Cali-
fornia, that:
WHEREAS, on the 5th day of October, ;i982, this Council
adopted its Resolution of Intention No. 82-468 ·to acquire improve-
ments by spi~cial assessment and assessment bond proceedings in
said City, and referred said proposed improvements to the Dire<::tor
o:c Public Works of the City of Fresno as the Engineer of Work of
said District, he being appointed by this Council for that pur-
pose; and
WHEREAS, this Council thet·eby directed said Engineer of
Work to make and file with the City Clerk a report in writing in
accordance with and pursuant to the provisions of Article 20 of
Chapter 15 of the Municipal Code of the City of Fresno, which re-
port 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
pa.rt thereof and found that it contained all the matters and
things called for by the provisions of said Code, including ( l}
maps and descriptions of the facilities, (Z) a general description
of works and appliances already installed and any other property
nec,essary or convenient for the operation of the improvement, such
works, appliances, or p~operty proposed to be acquired as part of
the improvements, (3) estimate of costs, (4) dtagram of district,
and {5) an assessment according to benefits, all of which wa.s 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 particulat· and
.REVIEWED
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determined that it should stand as the report for all subsequent
proceedings under said Code, appointed November 9, 1982, Tuesday,
at the hour of 2:00 p.m. of said day in the Council Chambers, City
Hall, 2326 Fresno Street, Fresno, California, as the time and
place for hearing protests in r 1elation to said propos,ed improve-
ments and acquisitions, the extent of the assessment district, and
to the proposed assessments; and
WHEREAS, it appears that notice of the passage of the
Resolution oi: 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 prott~st hearing was duly and regularly
held by the Council at said time and place on November 9, 1982;
and
WHEREAS, said hearing was closed and action thereon
taken by the Council; and
WHEREAS,· the Council did hear all objections and pro-
tests to said acquisitions, and to the extent of the assE~ssment
district, and to the proposed assessment and diagram, and to the
maps and descripti.ons, and to the Engineer's estimate of th~i 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 acquisitions were fully heard and considerE~d by
this Council; and
WHEREAS, written protests, filed with the City Clerk at
or before 2:00 p.m .. on November 9, 1982, were not signed by the
owners of more than one-half of the area of the land t<.., bE!
assessed to pay the cosi~ of the project and said protests as filed
did not constitute a majority protes,t and, in fact,r ne written
protests were received; and
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WHEREAS, this Council accepts said Engineer's Report and
directs that the same be filed in accordance with law; and
WHEREAS, this Council finds and determines that said
Engineer• s Rieport each and every part of said report should be
adopted and approved; and
WHEREAS, this Council has acquired jurisdiction to order
said acquisitions and a confirmation of the diagram and assess-
ments to pay the costs and expenses thereof:
NOW ► 'l~HEREFORE, THIS COUNCIL DOES HEREBY FIND, DETERMINE
AND ORDER AS FOLLOWS:
1. That the owners of more than one-hl~lf 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 as a whol1c, or against the said dis-
trict or the e;iCtent thereof to be assessed for the qosts and ex-
penses of said iittprovements as a whole, or as to the Engineer• s
estimate of said costs and expenses, or against the maps and des-
criptions, or against the diagram or assessment to pay the costs
and expenses thereof.
2. This Council hereby declares that the terri to:r·y
within the boundaries specified and described on the Bounda.ry Matp
of City of Fresno Assessment District No,. 84 is the district bene-
fited by said work and improvement to be acquired and to be
assessed to pay the costs and expenses thereof; that the expense
of acquisition of said work and \ improvements is hereby made
chargeable upon said districti and that the exterior boundaries of
said assessment di.strict are hereby specified and described to be
as shown on that <~erta:i.n Boundary Map now on file in Book 22, at
Page 7 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. 84, City of Fresno, Fresno County,
Californian, which boundary map indicates by a boundary line the
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extent of the territory included in said proposed district and
shall govern for all details as to the extent ,:::,f the assessment
district.,
3., That the general description of the works and appli-
ances already installed and any other property necessary <)r con-
venient for the operation of the improvement proposed to be ac-
quired, contained in said Eng inee·r' s Report be, and they are herE~-
by, finally adopted and approved as the works, appliances and
property to be acquired.
4. That the Engineer's estimate of the itemized and
total costs and expenses of said acquisitions, and <lf the inciden-
tal expenses in C()nnection therewith, as contained in said Engi-
neer• s Report: be, and that are hereby, finally adopted and
approved as th,e gngineer' s total and detailed estimate of the
costs and expenses of said acqu.isition.
5. There shall be omitted from the assessments here,,,.•
after to be mad•a to cover the co-st and expenses of acquisition of
said improvements,, all public streets and highwctys within said
assessment district in use in. the performance of a public func-
tion.
6. That this Council does hereby order the improvements
to be acquired as described in and in accordance with said Resolu-
tion of Intention on file in the~ off:tce c1f the Clerk of said City,
reference to which, and to the Engineer• s Report is hE~reby made
for a more particular description of said acquisitions and also
for further particulars pursuant to the provisions of said Munici-
pal Code of the City of li'resno.
7,. •rhat the diagram showing the assessment dist:t"ict
referred to and described in Si;1id 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
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subdivisions having been given. a separate number upon said dia•-
gram, as contained in said t:eport be, and it is hereby finally
approved and confirmed as the diagram (lf the properties to be
assessed to pay the costs and expenses to be assessed on account
of said acquisition of improvements.
8. That the assessment .of the total amount of the costs
and expenses of the proposed acquisition of improvements upc,n the
several subd iv is ions of land in said district in proportion to thE~
estimated benefits to be received by said subdivisions, respec-
tively, from said improvements, and of the expenses incidental
thereto., contained in said Engineer's Report are finally approved
and confirmed as the assessment to pay the costs and expenses to
be assessed on account of said acquiisition of improvements.
9. That said Engineer's Report is hereby finally
approved and adopted as a whole.
10. The Clerk shall forthwith deliver to the Director of
Public Works the said assessment, together with said diagram
thereto attached and made a part thereof, as confirmed by thls
Council wi.th her certificate of such confirmation, and the date
thereof, thereto attached; and that isaid Director of Public Works
shall forthwith record said diagram and assesi:rnlent in his office
in a suitable book to be kept for that purpose, and append thereto
his certificate of the date of such 1recor-ding and such recordation
shall be and constitute the assessmein. t roll he1::-ein,.
11. That the Clerk shall further file an assessment dia-·
gram 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 Recorae,; of FresnC> County, in
the manner and form prescriJ::,ed 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.
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12. That the controller, upon the recording of said dia-
gram and assessment,. shall mail to each owner of real property
within the assessment district at his last known address as same
appears on the tax rolls of the City or on file in the office of
the City Clerk,, or to both 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 othe1: des-
cription of the property assessed sufficient to enable the owner
to identify the same, the amount of the assessment, the date of
recordation of saia assessment, the time and placie of payment
thereof, the effect of fail1.1re 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
twe.lve percent (12%) per annum, will be issued hereunder pursuant
to Bond Plan B, Article 24 of Chapter 15 of the Municipal Code of
the City of Fresno, the last installation 1of which bonds shall
mature not to exceed twenty (20) years from the 2nd day in July,
next succ,eeding ten (10) months from th6ir diate.
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 ci.rculated in said City, a
notice stating that said assessment has been recorded in his
office, and that all sums assessed theJceon are due and payable
immediately, and that the payment of said sums is to be made to
the City Treasurer (Controller) within the payment period after
the date of such notice, and of the fact tl::iat if any assessments
are not paid within such payment 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.
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CLERK'S CERTIFICATE < • ,_.~.. r:N,-.,.. ,. rd "' ..._.__.,...
I, JACQUELINE L. RYLE, City CJ.erk of the City of Fresno,
hereby certify that the foregoing resolution was regularly intro-
duced and adopted by the City Council of the City ,of Fresno at a
regular meeti.ng held on the · 9~_day of ___ »_o_ve ..... mb_. _e_r_.,._,._...,.., 1982,
at the City Hall in the City of Fresno, by the :following vote:
AYES:
NOES:
ABSENT:
COUNC!LMEMBERS: Alvarado,.Doig,Humpht;ey., Re'i ch,Wi 11 tams ,Wi I ts ,Whi tehu,rst
COUNCILMEMBERS: None
COONCILMEMBERS: None