HomeMy WebLinkAboutReso. 1989-240 - Approving the amended engineer's report i I '
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RESOLUTION NO. (9?-2Y0
RESOLUTION APPROVING AMENDED ENGINEER'S REPORT,
CONFIRMING LEVY OF ASSESSMENTS AND
ORDERING AUTHORIZED PUBLIC IMPROVEMENTS
CLOVER CREEK SEWER ASSESSMENT DISTRICT NO. 1987-2
CITY OF REDDING
The City Council of the City of Redding hereby finds,
determines and resolves as follows:
li SECTION 1. RECITALS
a. ) These special assessment proceedings are being taken
pursuant to the Municipal Improvement Act of 1913
(Sections 10000 and following, California Streets
and Highways Code) , hereafter referred to as the
"1913 Act. "
b. ) The requirements of the Special Assessment
Investigation, Limitation and Majority Protest Act
of 1931 (Sections 2800 and following, California
Streets and Highways Code) have been fully satisfied
and discharged as provided by Sections 2960 and 2961
of said Streets and Highways Code. On the basis of
the information set forth as Exhibit G of the
Amended Engineer's Report for these 1913 Act
proceedings, this City Council hereby expressly
finds and determines, as contemplated by paragraph
(d) of said Section 2961, that the total amount of
the principal sum of all unpaid special assessments
levied against the parcels proposed to be assessed
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in these proceedings, as computed in accordance with
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said Section 2961, plus the principal amount of the
special assessments proposed to be levied in these
present assessment proceedings for the Clover Creek
Sewer Assessment District No. 1987-2, do not exceed
one-half of the total value of the parcels proposed
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to be assessed in these proceedings as computed in
accordance with said Section 2961 and as more fully
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set forth in said Exhibit G. This finding and
determination shall be final and conclusive as
provided by Section 3012 of said Streets and
Highways Code, and the provisions of Sections 2800
and following of said Streets and Highways Code
shall have no further application to these 1913 Act
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Ali assessment proceedings.
c. ) All steps preliminary to the levy of assessments by
this resolution, as contemplated by Section 10312 of
the 1913 Act, have been taken and completed.
Specifically, the following steps have been taken,
and the following actions have been completed prior
to consideration of and adoption of this resolution:
(i) On November 3 , 1987, the City Council
approved the proposed boundary map for these
proceedings, which map was later amended on
February 7, 1989 and thereafter filed with
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the Shasta County Recorder on February 10,
1989.
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(ii) Furthermore, on November 3 , 1987, the City
Council adopted its Resolution No. 87-336
entitled, "Resolution Requesting Jurisdiction
of the County of Shasta. " This resolution
and the request for jurisdiction of the
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II Shasta County Board of Supervisors was in
I``I conformity with the requirements of Section
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10103 of the 1913 Act (pertaining to the
II circumstance in which a portion of the
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property to be assessed lies outside of the
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corporate boundaries of the City of Redding) . '
fl' (iii) At its meeting on March 15, 1988, the Shasta
1II County Board of Supervisors adopted its
Resolution No. 88-65, entitled "Resolution
Consenting to the Exercise of Jurisdiction by
li the City of Redding, " which said Resolution
II No. 88-65 provided the consent required by
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said Section 10103 .
al (iv) On February 7, 1989, the City Council adopted I�I
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li its Resolution Amending Resolution of
1" Intention, generally containing the various
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I technical matters required by the 1913 Act,
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and specifically directing preparation of the
I �I Engineer's Report contemplated by the 1913
III' Act.
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(v) On April 18, 1989, the Engineer's Report was
filed with the City Clerk, and the City
Council adopted its resolution preliminarily
accepting said Engineer's Report and fixing
the time and place for the required public
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II hearing for June 6, 1989. lil
(vi) Notice of said public hearing was given in
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each of the three forms required by the 1913
Act, namely, (1) publication, (2) posting on 1
open streets within the proposed assessment
district, and (3) first-class mail to the
respective property owners. Certificates
respecting the compliance with these notice
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requirements have been filed with the City
Clerk.
(vii) On June 6, 1989, the public hearing
contemplated by Sections 10300 and following
of the 1913 Act was held. Various written
protests were received both prior to and at
the time of said public hearing, and a
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significant number of persons addressed the
Council with various objections and protests.
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IISWhen the last of the persons present and
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III wishing to be heard, had been heard, the City
Council declared the public hearing closed.
The Council then referred to staff and
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consultants the matter of preparing and
bringing back to Council written responses to
the various objections and protests, together
with any recommended modifications to the
II' Engineer's Report or other recommended
actions, where staff and consultants felt
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that such modifications or related actions
were appropriate on the basis of the various
protests and related evidence received during
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the course of the public hearing.
(viii) Prior to its meeting on July 5, 1989, the
City Council received from its special legal
counsel a six-page letter responding in part
to the various objections and protests
I6 received and advising the Council as to the
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legal standard the Council was to utilize in
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taking action, if the Council decided to do
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so, to levy assessments. The Council also
received prior to the said July 5 meeting a
II report from staff with further responses to
the objections and protests. Said staff
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b report also contained recommended
modifications by way of reductions to various
assessments in response to protests and
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objections received and, occasionally, on the
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basis of staff determinations, independent of
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any objections or protests, that such
modifications were appropriate in order to
achieve a fair and equitable distribution of
II costs and expenses in proportion to the
estimated benefits to be received.
(ix) At its meeting on July 5, 1989, the City
Council resumed its consideration of these
assessment proceedings and received a report
II from its staff, from its consulting engineer
(John Sharrah of Sharrah, Dunlap and
ji Associates) , and from its special legal
counsel (Samuel A. Sperry of Sturgis, Ness,
Brunsell & Sperry) . The Council then heard
from any interested person present who wished
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Ei to comment upon or respond to the staff
fl responses and staff report and
recommendations.
(x) Following completion of presentation and
comments from interested persons, each
Councilmember individually addressed the
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various matters before the Council, which
then proceeded to take the following five
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actions:
(1) Adopted a Resolution Approving and
is Adopting a Sewer Assessment Deferral
'I; Program.
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(2) Adopted a Resolution Establishing Fees
and Charges to be Levied Against Parcels
II Seeking Sewer Service Which Are Outside
of the Clover Creek Assessment District,
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but Within the Clover Creek Drainage
Basin.
(3) Adopted a Resolution Overruling
Protests.
(4) Directed staff to return to the Council
at this July 18 meeting with an Amended
Engineer's Report containing the
modifications which were outlined by
staff and the consulting engineer.
(5) Directed special legal counsel to draft
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and bring to this July 18 meeting an
agreement respecting the Jurin property
(Assessment No. 72) , which agreement was i . i
to be premised upon an initial
1II assessment against Assessment No. 72
based upon estimated benefits related to
80 household equivalents, together with
li a resolution to approve said agreement. '
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d. ) This City Council hereby expressly finds that the
recommended allocation of costs and expenses to the
II respective parcels in this proposed assessment ,
{�I district, as set forth in Exhibit C of the Amended
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Engineer's Report, is fair and equitable and
represents an apportionment of said costs and
expenses to the respective parcels of land in
proportion to the estimated benefits to be received
by said respective parcels from the authorized work
and improvements.
ji SECTION 2 . The Council hereby approves the Amended
Engineer' s Report and each component part of it, including each
exhibit incorporated by reference in said report.
SECTION 3 . The Council hereby confirms and levies each
individual assessment as stated in the Amended Engineer' s Report in ,
accordance with Section 10312 of the 1913 Act.
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SECTION 4 . This Council hereby orders that the public
improvements described in said Amended Engineer's Report be
acquired, constructed and installed.
SECTION 5. Serial bonds representing unpaid assessments,
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and bearing interest at a rate not to exceed twelve percent (12%)
per annum, will be issued in the manner provided by the Improvement
Bond Act of 1915 (Division 10, Streets and Highways Code) , and the
Iil last installment of the bonds shall mature not to exceed twenty-
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(24) years from the second day of September next succeeding
twelve (12) months from their date.
SECTION 6. According to Section 10603 of the Streets and
Highways Code, the City Council designates the City Treasurer to
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(j; owners who elect to pay their assessments in cash before the
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issuance of improvement bonds will not be required to pay their pro
rata share of the allowance for special reserve fund, allowance for
bond discount and allowance for capitalized interest.
I HEREBY CERTIFY that the foregoing resolution was duly
ij and regularly adopted by the City Council of the City of Redding, I
Shasta County, California, at a regular meeting thereof, held on �I
111 the 18th day of July, 1989.
AYES: COUNCILMEMBERS Buffum, Dahl , Johannessen, & Carter
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS Fulton
ETHEL A. NICHOLS, City Clerk,
City of Redding, Shasta County,
1I California
By 2er..Z &. 7
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