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Home My WebLink AboutReso. 1989-048 - Intention to order improvement in clover creek sewer '; , . ,. � `I ,. _. .; � � i , . . , . RESOLUTION NO. ��,� � � i RESOLUTION AMENDING RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN � � CLOVER CREEK SEWER� ASSESSMENT DISTRICT NO. 1987-2 , I The City Council of the City of Redding resolves: i I On November 3 , 1987 , this City Council adopted its 1 C , Resolution No. 87-336, Resolution Requesting Jurisdiction of the � County of Shasta in Clover Creek Sewer Assessment District No. I i - � , ' 1987-2, City of Redding, County of Shasta, State of California, to �} , � , which Resolution No. 87-336 was attached as Exhibit A the proposed li � ; " Resolution of Intention for these proceedings. Said Resolution of � � Intention has not been previously adopted by this Council but � � . stands as the proposed Resolution of Intention by virtue of its I. incorporation by reference into said Resolution No. 87-336. Said � i Resolution of Intention, previously unadopted, is hereby amended to ; read as follows: i � f � This Council intends to order the following improvement -� . under the authority of the Municipal Improvement Act of 1913 : � " A comprehensive scheme of sanitary sewer collection, � � transmission, treatment, and disposal facilities, including I acquisition of easements, rights-of-way, and other property � interests as deemed necessary, and further including � appurtenant work and improvements. � I This Council finds that the land specially benefited by the �!' improvement is shown within the boundaries of the map entitled, "Amended Proposed Boundaries of Clover Creek Sewer Assessment District No. 1987-2 , City of Redding, County of Shasta, State of, � ;' California. " This amended map has been approved by the City , , j Council and is now on file with the City Clerk. The land within i � � il�� the exterior boundaries shown on the amended map shall be I� � I �� ;"I I �'' �� GI � �„; � � �; - . �. b � 1 Y � � designated Clover Creek Sewer Assessment District No. 1987-2 , City ,'� of Redding, County of Shasta, State of California. 0 I This Council intends to levy a special assessment upon the �I i� land within the described district in accordance with the special u; benefit to be received by each parcel of land, respectively, from �' the improvement. There shall be omitted from special assessment 4I � all public streets, alleys and places and all land belonging to the - United States, the State of California, the County of Shasta and this City now in use in the performance of a public function. Where any disparity occurs in level or size between the ¢� improvement and private property, this Council determines that it �I is in the public interest and more economical to eliminate the � , iil! disparity by doing work on the private property instead of I f ' ' adjusting the work on public property. Accordingly, work may be I l "� done on private property for this purpose with the written consent MI . y I � �' of the landowner. � ' This Board intends, pursuant to subparagraph (f) of Section i � ; � 10204 of the California Streets and Highways Code, to provide for �' an annual assessment upon each of the parcels of land in the � �� ,; proposed assessment district to pay various costs and expenses Iincurred from time to time by the County and not otherwise �; reimbursed to the County which result from the administration and �'II collection of assessment installments or from the administration or I; �i � registration of the improvement bonds and the various funds and °,i accounts pertaining thereto. 1 rl � h " 2 ;. ,, � :,� �.II � � � � , ! � � , .� ` � In furtherance of implementation of these proposed � MI� I ;� assessment proceedings on a fair and equitable basis and in a , ; � � manner consistent with the public interest, this City Council ' � hereby intends to develop an appropriate program for deferred = I assessments with respect to one or more classifications of parcels ;i I � � of land within the proposed assessment district, under the terms of � , i " � which, assessment obligations of parcels within said _ � � classifications may, at the option of the present and future � �i ;� owners, be deferred until such time as the then owner makes � application for connection to and service by the City' s sanitary ' � sewer system. " This Council orders that a portion of the cost of the �� improvement shall be paid by the City from specified sources yet to � � be identified and legally available for that purpose, and that the ,� � balance of the cost shall be specially assessed. � ( Serial bonds representing unpaid assessments, and bearing t � interest at a rate not to exceed twelve percent (12%) per annum, � '�I� will be issued in the manner provided by the Improvement Bond Act J : �, . �il of 1915 (Division 10, Streets and Highways Code) , and the last " � installment of the bonds shall mature not to exceed twenty-four ; � x� (24) years from the second day of September next succeeding twelve � i ;� (12) months from their date. � ; � ; The procedure for the collection of assessments and advance �� retirement of bonds under the Improvement Bond Act of 1915 shall be � ,� 'li as provided in Part 11. 1, Division 10, of the Streets and Highways , I ` � Code of the State of California. ;i� �I; �� 3 r' � I I .p � i. k�� . �' � ' �. � � ' �� . � . � , ; , i; � The City will not obligate itself to advance available �, � �i, pi funds from the City treasury to cure any deficiency which may occur °j in the bond redemption fund. A determination not to obligate ; � " itself shall not prevent the City from, in its sole discretion, so � advancing funds. I I This Council intends to comply with the requirements of the � � , � � Special Assessment Investigation, Limitation and Majority Protest ! _ � Act of 1931 by proceeding under part 7.5 of said Act. The Engineer � ! I � of Work is directed to include in its report all of the information ' � required by Section 2961 of the Streets and Highways Code. � � This Council appoints the Director of Public Works for the I � • I i City of Redding to act as Engineer of Work for this project, and � �'� directs the preparation of the report required by Section 10204 of rl the Streets and Highways Code. � I �''I In the opinion of this Council, the public interest will h,, pji not be served by allowing owners of assessable lands to enter into -, �I� N' a contract for the work of improvement as otherwise permitted in �,; Section 20485 of the Public Contract Code. �II I a� The amount of any surplus remaining in the improvement fund ,.� i q; after completion of the improvement and payment of all claims shall i ��; be transferred to the general fund if the surplus does not exceed ' I' the lesser of one thousand dollars % ($1000) or five percent (50) of i;� ��,� Y�� the total amount expended from the fund. Otherwise the entire � ;`, surplus shall be applied as a credit on the assessment as provided ! I in Section 10427 . 1 of the Streets and Highways Code. � �,' � GI ' * * * ! , � 4 � �I i ' I i �!i � A� � � - � A y I �,I � , � I I� � 1 � I II 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 7th day of February, 1989. II AYES: COUNCILMEMBERS Buffum, Carter, Dahl , Fulton, & Johannessen � ^j� � � NOES: COUNCILMEMBERS None I �� f ABSENT: COUNCILMEMBERS None � � ETHEL A. NICHOLS, City Clerk, _ City of Redding, Shasta County, ; California � � � ; i BY �/� 1 � I , I � . I , � ; ' I ' i � !� � 'y, � � � 1 i . I F'I II ( xll I I�I 31� � � ;o I �''; 5 � � r n b � r 1 �