HomeMy WebLinkAboutReso. 1986 - 006 - Upper creek sewer assessment district no. 1980-7 • •
RESOLUTION NO. --41
II
RESOLUTION ORDERING CHANGE OF PROCEEDINGS WITHOUT
NOTICE OR HEARING
UPPER CHURN CREEK SEWER ASSESSMENT DISTRICT;
NO. 1980-7
VIII
The City Council of the City of Redding res,iolves :
Section 1 . Through inadvertence , the Engineer of Work
failed to recognize that Assessment No. 166 should pave been
entitled to a modification in the same manner and to the same
extent as other parcels similarly situated , each of which
similarly situated parcels were reduced to an amount equal to
one-half of the preliminary assessments in accordance with an
aspect of the allocation of benefits which was commonly
referred to in these proceedings as the "remoteness rule" .
Acting on the advice of the Director of Public Works, this
Council hereby finds and determines that Assessment No . 166
should have been reduced to an amount equal to one-half of the
amount levied in accordance with said remoteness rule .
Specifically, Assessment No. 166 should be levied in the
amount of $14 , 651 . 10 instead of $29 , 302 . 20 which was actually
levied. The Director of Finance has advised the City Council
that there are sufficient funds remaining in the improvement
fund for these subject assessment proceedings to fund the
reduction in said assessment, and otherwise make the disburse-
ments necessary at this time to restore the owner of
Assessment No. 166 to the same economic position as said owner
would have occupied had Assessment No. 166 been leviled initially
in the lower amount.
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0 AGI NA..
410
d
Section 2 . Pursuant to Section 10352 of the California
Streets and Highways Code, the City Council hereby orders a
change in these proceedings to reduce Assessment No. 166 to
$14 , 651. 10 subject to recognition that the installments
billed on the property tax roll for tax years 1983-84 , 1984-85
and 1985-86 have in fact been paid by said propertygowner .
Section 3 . Specifically, the Council hereby diects that
the following actions be taken:
(a) The amount of $ 6 , 969 . 40 should be disbursed to
Harlan Eaken as the person who paid the excess amounts collected
on the tax roll for fiscal years 1983-84 , 1984-85 and 1985-86 .
(b) The additional amount of $ 16 ,134 . 27 shall be
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transferred to the bond redemption fund and utilized, to the
extent possible, to fund a prior redemption of imprivement
bonds of the proceedings in the same manner as if said funds
represented the proceedings of an advance payoff of Pan
assessment lien.
Section 4 . This Council hereby directs that the City Clerk
record a Notice of Amended Assessment in the office of the Shasta
County Recorder reflecting the reduction in said Assessment
No. 166.
I HEREBY CERTIFY that the foregoing resolution was duly
and regularly adopted by the City Council of the Citl�y of Redding,
Shasta County, California, at a regular meeting ther�'eof, held on
the 6th day of January , 1986.
AYES : Councilmembers Demsher, Fulton, Gard, & Kirkpatrick
NOES : Councilmembers None
ABSENT : Councilmembers Pugh
ABSTAIN: Councilmembers None ETHEL A. NICHOLS, City Clerk, City
of Redding, Shasta.. County, California
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