HomeMy WebLinkAboutReso 95-187 - Approve Amended Engineer's Report, Levying Assessments & Ordering Acquisition of Completed Improvements ` • •
RESOLUTION NO. � �1
RESOLUTION APPROVING AMENDED ENGINEER'S REPORT,
LEVYING ASSESSMENTS AND ORDERING ACQUISITION
OF COMPLETED IMPROVEMENTS
(Wilshire Drive Area Waterline Assessment District No. 1994-1)
The City Council of the City of Redding resolves:
This City Council has taken a series of actions
preliminary to ordering the acquisition of improvements in
Wilshire Drive Area Waterline Assessment District No. 1994-1,
City of Redding, Shasta County, California, and now makes the
following findings and orders:
1. The City Council adopted a boundary map showing
the boundaries of the land benefited by the proposed
improvements. A copy of the boundary map was filed in the office
of the County Recorder of the County of Shasta in the Book of
Maps of Assessment and Community Facilities Districts.
2 . The City Council adopted its Resolution of
Intention, as later amended, to order the construction of
improvements described therein under the Municipal Improvement
Act of 1913 , and directed the City's Director of Public Works, as
the Engineer of Work for the assessment district, to prepare the
report required by Section 10204 of the Streets and Highways
Code. The improvements to be constructed are generally described
as follows:
Construction and installation of water \
distribution lines and services, fire hydrants, \r�
and appurtenant work and improvements, together l'.��
with incidental costs and expenses of project � !
design, construction supervision, legal �
proceedings, and bond financing. �j
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3 . The Engineer of Work filed the report as
directed, and the City Council called a public information
hearing and a public protest hearing on the report as required by
Section 10301 of the Streets and Highways Code. Notice of the
public information hearing and the public protest hearing was
given by mail to affected property owners. A Certificate of
Mailing was filed with the City Clerk.
4. At the time and place for which notice was
given, the City Council conducted the public information hearing
as scheduled.
5. At the time set for the public hearing on
August 1, 1995, the City Council conducted the public protest
hearing as scheduled, and gave every interested person an
opportunity to object to the proposed acquisition of
improvements, the extent of the assessment district, or the
proposed assessment.
6. The City Council finds that the written
protests against the proposed improvement represent less than
one-half of the area of the land to be assessed for the
improvement.
7. At the close of the public hearing, the
Engineer of Work filed with the City Clerk an amended report,
which report is entitled "Amended Engineer's Report, " and
reflects the results of the construction bid opening, together
with certain other modifications. This Council hereby finds and
determines that individual assessments, as set forth in the
Amended Engineer's Report, provide for the fair and equitable
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distribution of the total cost and expense of the authorized work
and improvement of this assessment district in proportion to the
estimated benefits to be received.
8. This Council further finds and determines that
the changes proposed in these assessment proceedings by virtue of
the proposed Amended Engineer's Report are authorized by Section
10352 of the Streets and Highways Code without notice to the
affected property owners or conducting a hearing respecting said
changes, inasmuch as no individual assessment is increased as a
result thereof.
9. This City Council hereby further finds and
determines that all actions required to be taken and all
conditions required to be satisfied prior to action by this City
Council on the Amended Engineer's Report, pursuant to Section
10312 of the 1913 Act, have been taken and satisfied,
respectively.
12 . This Council hereby approves the Amended
Engineer's Report, including Exhibits A through G thereof, levies
the individual assessments in the amounts set forth in said
report and orders the construction and installation of the
improvements specified therein.
13 . Limited obligation improvement bonds
representing unpaid assessments will be issued, consisting of
serial bonds, term bonds, or any combination thereof, in the
manner provided by and pursuant to the provisions of the
Improvement Bond Act of 1915 (Sections 8500 and following,
California Streets and Highways Code) (the "1915 Act") . Pursuant
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to Section 8769 (b) of the 1915 Act, the City of Redding will not
obligate itself to advance available funds from the city treasury
to cure any deficiency which may occur in the bond redemption
fund respecting such 1915 Act bonds, and the text of said bonds
shall contain a clear statement of this determination.
14 . Pursuant to Section 10312, this resolution is
final and conclusive as to all persons, and this resolution shall
take effect immediately upon its adoption.
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 lst day of August, 1995.
AYES: Councilmembers R. Anderson, McGeorge, Murray and Kehoe
NOES: Councilmembers None
ABSENT: Councilmembers P. Anderson
CONNIE STROHMAYER, City Clerk,
City of Redding, Shasta County,
California
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