HomeMy WebLinkAboutReso 94-085 - Approve amended engineer's report, levying assessments & ordering acquisition of completed improvements (Tierra Oaks Assessment Dist No 1993-1) RESOLUTION NO.
RESOLUTION APPROVING AMENDED ENGINEER'S REPORT,
LEVYING ASSESSMENTS AND ORDERING ACQUISITION
OF COMPLETED IMPROVEMENTS
(Tierra Oaks Assessment District No. 1993-1)
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 Tierra
Oaks Assessment District No. 1993-1, 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 acquisition of
improvements described therein under the Municipal Improvement
Act of 1913, and directed Whitson Engineering, Inc. , 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 acquired are generally described as
follows:
a. WIDENING OLD OREGON TRAIL:
IMPROVEMENTS TO OLD OREGON TRAIL AT THE ENTRANCE ROAD TO v
TRACT 1720 TO FACILITATE TRAFFIC TURN POCKETS, ACCELERATION
AND DECELERATION LANES WITH NECESSARY STRIPING, PAVEMENT
MARKERS AND SIGNS. INCLUDING CLEARING, GRADING, BASE,
PAVEMENT, AND AC DIKE.
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b. OFFSITE SEWER:
A SEWAGE PUMP STATION LOCATED WITHIN OLD OREGON TRAIL RIGHT
OF WAY AND THE MOST SOUTHERN BOUNDARY OF TIERRA OAKS
ESTATES, P.D. TRACT 1720; 6700 FEET OF 8" FORCE MAIN AND
1000 FEET OF 10" SEWER TRUNK MAIN EXTENDING FROM SAID PUMP
STATION WEST ALONG OLD OREGON TRAIL AND OASIS ROAD TO THE
EXISTING SEWER AT GOLD HILLS DRIVE AND OASIS ROAD; 130 FEET
OF 10" WATER MAIN, A FIRE HYDRANT, WATER SERVICE, AND ALL
NECESSARY APPURTENANCES.
C. ADJACENT SEWER:
A GRAVITY SEWER FROM THE SEWAGE PUMP STATION AT THE SOUTH
BOUNDARY AND OLD OREGON TRAIL THROUGH THE GOLF COURSE AND
THE REMAINING LANDS OF TIERRA OAKS TO THE INTERSECTION OF
TIERRA HEIGHTS DRIVE AND SAN VINCENTE DRIVE AT THE DOWN
STREAM DISCHARGE POINT OF UNIT 3 DEVELOPMENT, WITH ALL
NECESSARY MANHOLES AND APPURTENANCES.
d. UNIT 2 - OFFSITE SEWER:
588 FEET OF 6" SEWER FORCE MAIN FROM UNIT 2 TO THE ADJACENT
SEWER, WITH ALL NECESSARY APPURTENANCES.
e. UNIT 3 - IMPROVEMENTS/ASSESSMENT DISTRICT:
SANITARY SEWERS AND APPURTENANCES, A SYSTEM OF DOMESTIC
WATER SUPPLY INCLUDING FIRE HYDRANTS; STREET LIGHTS AND
UNDERGROUND ELECTRICAL DISTRIBUTION FACILITIES; UNDERGROUND
NATURAL GAS DISTRIBUTION FACILITIES; AND ALL OTHER
IMPROVEMENTS AND APPURTENANCES NECESSARY FOR A COMPLETE
SCHEME OF PUBLIC IMPROVEMENTS IN TRACT 1720 INCLUDING
ACQUISITION OF PUMPING CAPACITY IN EXISTING BELLA VISTA
WATER DISTRICT FACILITIES.
f. OFFSITE NATURAL GAS EXTENSION:
AN UNDERGROUND NATURAL GAS DISTRIBUTION LINE FROM THE
SOUTHERN MOST PROPERTY BOUNDARY OF TRACT 1720, 4800 LINEAR
FEET TO THE SOUTH LINE OF UNIT 3, TRACT 1720, INCLUDING
CLEARING, GRADING, AND STORM DRAINAGE FACILITIES.
g. GENERAL UTILITY AND DRAINAGE:
WATER SUPPLY AND SANITARY SEWERS WITHIN UNIT 3 OF WHICH
BENEFIT UNIT 3 AND FUTURE UNITS OF TIERRA OAKS DEVELOPMENT;
CONSTRUCTION OF A MULTI-PLATE ARCH CULVERT AT THE ENTRANCE
ROAD TO THE PROJECT.
h. OFFSITE NATURAL GAS EXTENSIONfPG&E FEE:
AN UNDERGROUND NATURAL GAS DISTRIBUTION LINE FROM THE
EXISTING TERMINUS AT OASIS ROAD AND OLD OREGON TRAIL
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EASTERLY 1600 LINEAR FEET TO THE SOUTH MOST PROPERTY
BOUNDARY OF TRACT 1720, INCLUDING THE CONSTRUCTION FEE
REQUIRED BY PG&E.
3. The Engineer of Work filed the report as directed,
and the City Council called a public information meeting and a
public protest hearing on the report as required by Section 10301
of the Streets and Highways Code. Notice of the public
information meeting and the public protest hearing was given by
mail to affected property owners. A Certificate of Mailing was
filed with the City Clerk.
4. A Consent and Waiver was signed by each property
owner within the assessment district consenting to the shortening
of time for notification of hearings and to the levy of
assessments, and waiving the entitlement to pay all or any
portion of the assessments in cash prior to the issuance, sale
and delivery of bonds, and the entitlement to file any lawsuit or
other proceedings to challenge any aspect of the proceedings in
respect to the levy of assessments and the issuance, sale and
delivery of bonds. The Consent and Waiver forms executed by the
property owners are on file with the City Clerk.
5. At the time and place for which notice was given,
the City Council conducted the public information meeting as
scheduled.
6. At the time set for the public hearing on April 5,
1994, 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.
SF2-28945.1 3
• • •
7. The City Council finds that written protests
against the proposed improvement have not been made by owners
representing more than one-half of the area of the land to be
assessed for the improvement.
8. At the close of the public hearing, Whitson
Engineering, Inc. , acting in their capacity as Engineer of Work
for the 1913 Act proceedings, filed with the City Clerk the
written report specified by Section 10204 of the 1913 Act as
directed by the City Council, which report is entitled "Amended
Engineer's Report, " and reflects the modifications recommended at
the public information meeting. This Council hereby finds and
determines that individual assessments, as modified, provide for
the 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.
9. A Consent to Increased Assessment was signed by
each property owner within the assessment district and is on file
with the City Clerk.
10. This Council further finds and determines that the
changes proposed in these assessment proceedings by virtue of the
proposed Amended Engineer's Report are specifically authorized by
written consents thereto filed by each of the affected property
owners, each of whom has waived notice and hearing respecting
said changes.
11. 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
sF2-28945.1 4
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 Parts A through G thereof, levies
the individual assessments in the amounts set forth in said
report and orders the acquisition 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 111915 Act") . Pursuant 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.
sr2-28945.1 5
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 5th day of April, 1994.
AYES: Councilmembers Anderson, Kehoe, Moss and Arness
NOES: Councilmembers None
ABSENT: Councilmembers Dahl
CONNIE STROHMAYER, City Clerk,
City of Redding, Shasta County,
California
By 9z2LA
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