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HomeMy WebLinkAboutReso 98-088 - Approving Report and Assessment & Ordering Acquisition of Street Improvements - Teton Drive Street Assessment Dist No. 1998-1 ^ • � , � � RESOLUTION NO. '�I��'�� RESOLUTION APPROVING REPORT AND ASSESSMENT AND ORDERING ACQUISITION OF STREET IMPROVEMENTS CITY OF REDDING TETON DRIVE STREET ASSESSMENT DISTRICT NO. 1998-1 The City Council of the City of Redding hereby finds, determines and resolves as follows: Section 1. Recitals. (a) In accordance with prior proceedings duly had and taken, the City Council (the "Council") of the City of Redding (the "City") has determined that it is necessary, convenient and desirable to undertake proceedings pursuant to the provisions of the Municipal Improvement Act of 1913 and issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 for the acquisition of those certain public street improvements more particularly described in the Engineer's Report (as defined below) on file with the City Clerk for these assessment proceedings for an assessment district in the City designated the "Teton Drive Street Assessment District No. 1998-1, City of Redding, Shasta County, California." (b) The Council, by resolution heretofore duly adopted on May 5, 1998 (the "Resolution of Intention"), declared its intention to order said public street improvements to be acquired by the City in and for said assessment district, and referred said public improvements to the Director of Public Works of the City as the Engineer of Work (the "Engineer of Work"), and directed the Engineer of Work to prepare a report containing the matters required by Section 10204 of the Streets and Highways Code and Article XIIID of the California Constitution, and � 1�: � � , � • thereafter to file such report with the City Clerk of the City, who was directed to present such report to the Council. (c) In accordance with the Resolution of Intention, the Engineer of Work filed with the City Clerk of the City on May 5, 1998, a report (the "Engineer's Report") containing the matters required by Section 10204 of the Streets and Highways Code, which report was duly presented by the City Clerk of the City to the Council for consideration. (d) The Council, by further resolution duly adopted on the same date of May 5, 1998, preliminarily approved the Engineer's Report, and fixed 7:00 o'clock P.M. on Tuesday, June 16, 1998, at the regular meeting place of the Council, City Council Chambers of the City, 1313 California Street, Redding, California, as the time and place for a public hearing of protests to the acquisition of said public street improvements, to the extent of said assessment district and to the levy of said assessment. (e) The Council provided for the giving of notice of said public hearing of protests to said public improvements and of the property owner ballot procedure required by Article XIIID of the California Constitution(together with the property owner ballots). (� In lieu of the customary certificate setting forth the time and manner of the compliance with the requirements of law for mailing notices of the adoption of the Resolution of Intention and of the filing of the report and the preliminary approval thereof and of the time and place for said public hearing thereon and notice of the property owner ballot procedure required by Article XIIID of the California Constitution (together with the property owner ballots), there have been filed with the City Clerk executed Property Owner Consent and Waiver documents, executed by the owners of 100% of the property to be assessed as evidenced by a title report respecting the subject property, together with the three banks which have deeds of trust on 3 � • '� - � � portions of the property to be assessed, consenting to the proposed levy of assessments and waiving any entitlement to challenge any aspect of the proceedings leading to the levy of the assessments. Furthermore, there are Property Owner Assessment Ballots, marked to indicate support for the levy of the assessments as proposed, from the two developer/owners who own all of the property to be assessed except for three individual single family lots, said developer- owned representing in excess of 95% of the amount proposed to be assessed, and there are no Property Owner Assessment Ballots indicating opposition. (g) Said public hearing of protests was duly convened by the Council at said time and place set for said public hearing of protests on June 16, 1998, and the Council thereupon proceeded with said public hearing of protests, and duly heard all interested parties desiring to be heard at said public hearing of protests. There were no protests presented, either written or oral. (h) In accordance with Council direction and Article XIIID of the California Constitution, property owner ballots were provided to all of the property owners in said assessment district, and following the close of the public hearing, the Council found and determined that property owner ballots were cast in support of the levy of said assessment by the owners of property representing in excess of 95% of the amount to be assessed, and no property owner ballots were cast against the levy of said assessment. Accordingly, pursuant to Article XIIID, there is not a majority protest. Section 2. Recitals Determined to be True and Correct. The foregoing recitals are true and correct, and this Council hereby expressly so finds and determines. 4 � � • Section 3. Engineer's Report Approved. The Engineer's Report is hereby approved and adopted by the Council. The Council hereby orders said public improvements described in the Resolution of Intention and in the Engineer's Report to be acquired. Without limiting the generality of the foregoing approval of the Engineer's Report, the Council hereby finds and determines that the respective subdivisions of land in said assessment district, as provided in the Engineer's Report, and as said subdivisions of land exist at the present time, have been assessed in proportion to the benefits to be received by such subdivisions, respectively, from said public improvements, and hereby confirms said assessment and said diagram as set forth in the Engineer's Report and as now on file with it; and the Council hereby declares that said assessment and said diagram as set forth in the Engineer's Report are hereby confirmed by the Council, and the assessment contained in the Engineer's Report is hereby levied by the Council. Section 4. Recordin Sg tens. The City Clerk of the City is hereby directed to transmit the diagram of said assessment district and said assessment as confirmed to the City's Director of Public Works who shall record the same in his office, and said assessment shall become due and payable. The City Clerk of the City is hereby further directed to file in the office of the Shasta County Recorder a copy of said assessment diagram as so recorded and to execute and record a notice of assessment in the office of the Shasta County Recorder, and said assessment shall become a lien upon the land on which it is levied, all pursuant to the Municipal Improvement Act of 1913. Section 5. Desi�nation of Person to Collect Assessments. The City Treasurer of the City is hereby designated to collect and receive the money paid pursuant to said assessment as herein confirmed and levied; provided that, since written waivers of the 5 c ' �� � �� i • entitlement to pay any portion of the assessment in cash prior to issuance of bonds have been filed by the owners of 100% of the property assessed, the City Clerk of the City shall not be required to provide either mailed or published notice of assessment as would otherwise be required by law. Section 6. Election Not to be Obligated to Advance Citv Funds. Pursuant to Section 8769(b) of the California Streets and Highways Code, the City Council elects that the City will not be obligated to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. * * * I HEREBY CERTIFY that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Redding, Shasta County, California, at a regular meeting thereof,held on the 16th day of June, 1998,by the following vote: AYES: Councilmembers Anderson, Cibula, Kight , McGeorge and Kehoe NOES: Councilmembers None ABSEN'I': Councilmembers None CONNIE STROHMAYER, City Clerk, City of Redding, Shasta County, California ! � By��. �.y . ��f � _ �C�p� 6 . . ', � 7� �� u . � u � . P�CER • NO SCALE �G F,� �`F ��G �9 � 9 �� � CU MeFR�N � pF'- O O �O� � ! �G Fti �9L F2�,G DISTRICT BOUNDARIES � TETON DR. STREET ASSESSMENT DISTRICT L.00ATION MAP CANYON CREEK RD � � TETON DR. STREET ASSESSMENT DISTRICT 1998- 1 +�28�98 FILE:C:\ACAD\ROD\TETONMAP.OWG �. � � • Cost Estimate ` Teton Drive Street A.D. 1998-1 assessment no. Qty. unit Description Total 1. 1 LS Acquisition of $331,850.00 existing improvements Incidentals 1. City administration fee $7,650.00 2. assessment engineering $8,500.00 3. bond counsel fee $7,500.00 4. bond counsel expenses $2,000.00 5. publishing, posting, etc. $1,000.00 6. bond service $15,500.00 $42,150.00 $374,000.00 10% Bond Reserve $42,500.00 2% Bond Discount $8,500.00 Total to be spread $425,000.00