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HomeMy WebLinkAboutReso. 1980 - 305 - Requesting jurisdiction of the Shasta County Board of Supervisors in connection with Upper Churn Creek Sewer Assessment District no. 1980-7 J RESOLUTION NO. i()-:50 • RESOLUTION REQUESTING JURISDICTION • OF THE SHASTA COUNTY BOARD OF SUPERVISORS IN CONNECTION WITH UPPER CHURN CREEK SEWER ASSESSMENT DISTRICT NO. 1980-7 The City Council of the City of Redding resolves : The City Council proposes to adopt a Resolution of Intention, a copy of which is attached as Exhibit A, and by reference incorporated herein as though fully set forth. A portion of the property proposed to be assessed lies within the unincorporated territory of the County of Shasta. The area of the County of Shasta which lies within the pro- posed assessment district will, in the opinion of this Council , be benefited by the improvement referred to in the proposed Resolution of Intention, and the purposes sought to be accomplished by the work can best be accomplished by a single, comprehensive scheme of work . The Resolution of Intention attached as Exhibit A is hereby adopted as the proposed Resolution of Intention for the improvements referred to in said resolution. The consent of the County of Shasta, through its Board of supervisors , is hereby requested to the formation of the district described in said Resolution of Intention, to the improvements described, and to the assumption of jurisdiction by this City Council for all purposes in connection with the formation of this assessment district, the improvement to be made, and the assessment or property • within the boundaries of the proposed district. It is also requested that for the purposes of allowing such hookups to the Redding Regional Waste • - water System, that the Board of Supervisors agrees that it will not approve a project that would connect to the sewer line that exceeds 1 G 1r 1 • the density or uses shown on the amended Redding General Plan for the following reasons: 1. To avoid development that would exceed line capacity 2 . To avoid construction of a parallel line before full development of the area 3 . To reserve adequate capacity for all property owners in the defined service area 4 . To obtain the longest life of the line 5. To avoid someone being left out as a product of approval of increased density for someone else In addition, it is also requested that the Board of Super- visors agrees to those sewer connections or sewer-benefit fees that the City may levy from time to time for the purpose of treatment-plant expansion, trunk-line construction, provided that any levies would be the same for connectors both within and outside the City limits. The City Clerk is hereby directed to transmit a certified copy of this resolution with the proposed Resolution of Intention attached, and a certified copy of the map showing the boundaries of the district, to the County Clerk of the County of Shasta. 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 15th day of December, 1980 , by the following vote, to wit: AYES : Councilmembers Demsher, Fulton, Gard, Kirkpatrick, and Pugh NOES: Councilmembers None ABSENT: Councilmembers None MILDRED L. BRAYTON, City Clerk. City of Redding, Shasta County, California •i f_: 'Nil. 7 • 110 RESOLUTION NO. RESOLUTION OF INTENTION TO ORDER IMPROVEMENT IN UPPER CHURN CREEK SEWER ASSESSMENT DISTRICT NO. l980- The City Council of the City of Redding resolves : This Council intends to order the following improvement under the authority of the Municipal Improvement Act of 1913 : The installation and construction of approximately 19 , 000 lineal feet of sanitary sewer trunk line, together with appurtenant work and facilities and the acquisition of necessary easements and rights- of-way. This Council finds that the land specially benefited by the improvement is shown within the boundaries of the map entitled, "Proposed Boundaries of Upper Churn Creek Sewer Assessment District No. 1980-7 , City of Redding, Shasta County, California. " This map has been approved by the Council and is now on file with the City Clerk. The land within the exterior boundaries shown on the map shall be designated Upper Churn Creek Sewer Assessment District No. 1980-7 , City of Redding, Shasta County, California. This Council intends to levy a special assessment upon the land within the described district in accordance with the special benefit to be received by each parcel of land, respectively, from the improvement. There shall be omitted from special assessment all public streets, alleys and places and all land belonging to the United States , the State of California, and this City now in use in the per- formance of a public function. EXHIBIT A • • Where any disparity occurs in level or size between the improvement and private property, this Council determines that it is in the public interest and more economical to eliminate the disparity by doing work on the private property instead of adjusting the work on public property. Accordingly, work may be done on private property for this purpose with the written consent of the landowner. Serial bonds representing unpaid assessments, and bearing interest at a rate not to exceed the maximum rate permitted by law at the time of sale of said bonds, will be issued in the manner provided by the Improvement Bond Act of 1915 (Division 10, Streets and Highways Code) , and the last installment of the bonds shall mature fourteen years from the second day of July next succeeding ten (10) months from their date. This Council finds that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (commencing with Section 2800 , Streets and Highways Code) does not apply to these proceedings . This Council appoints Sharrah-Nolte and Associates as Engineer of Work for this project, and directs the preparation of the report required by Section 10204 of the Streets and Highways Code. In the opinion of this Council, the public interest will not be served by allowing owners of assessable lands to enter into a contract for the work of improvement, as otherwise permitted in Section 10502. 2 of the Streets and Highways Code . The amount of any surplus remaining in the improvement fund after completion of the improvement and payment of all claims shall be transferred to the general fund if the surplus does not exceed the -2- • • lesser of one thousand dollars ($1000) or five percent (5%) of the total amount expended from the fund. Otherwise the entire surplus shall be applied as a credit on the assessment as provided in Section 10427 . 1 of the Streets and Highways Code. -3-