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HomeMy WebLinkAboutReso. 78-230 - Approving Amended Report and Assessment and Ordering Improvement - North Bonnyview Area Sewer Assessment District No. 1978-1 • • 6. RESOLUTION NO. 7,I- •/3a RESOLUTION APPROVING AMENDED REPORT AND ASSESSMENT AND ORDERING IMPROVEMENT NORTH BONNYVIEW AREA SEWER ASSESSMENT DISTRICT NO. 1978-1 The City Council of the City of Redding resolves : This City Council has taken a series of actions pre- liminary to ordering the improvement in North Bonnyview Area Sewer Assessment District No. 1978- 1, City of Redding, Shasta County, California, and now makes the following findings and orders: 1. The City Council adopted a map showing the boundaries of the land benefited by the proposed improvement. 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 Districts . 2 . The City Council adopted its resolution of intention to order the improvement described therein under the Municipal Im- provement Act of 1913, and directed the Director of Public Works of the City of Redding, as the Engineer of Work for the assessment district, to prepare the report required by Section 10204 of the Streets and Highways Code. The improvement is generally described as follows: Installation and construction of sanitary sewer lines and appurtenances, including acquisition of any necessary easements or rights of entry in and along North Bonnyview Road, East Bonnyview Road, Bidwell Drive, Izzard Lane, Potts Lane, Felstet Lane, Lilac Lane , including the ac- quisition of any necessary easements or rights of entry. 3 . The Engineer of Work filed the report as directed, and the City Council called a hearing on the report as required J by Section 10301 of the Streets and Highways Code . Notice of the G -1- hearing was given by publication, by street posting, and by mailing to affected property owners, all according to the Munici- pal Improvement Act of 1913 . Affidavits of publication, posting and mailing were filed with the City Clerk. 4 . At the time and place for which notice was given , the City Council conducted a public hearing and gave every interested person an opportunity to object to the proposed improvement, the ex- tent of the assessment district, or the proposed assessment. Following the hearing, at the direction of the City Council, the Engineer of Work filed an amended report to revise the cost esti- mate and to set forth an amended assessment spread , in which some of the individual assessments were increased . The City Council called a hearing on the Amended Report to be held on December 4 , 1978 . Notice of the hearing was given by publication and by mailing to affected property owners and affidavits of publication and mailing were filed with the City Clerk. 5. 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. 6 . The documents and events described in paragraphs 1 to 4 , inclusive, are stated here in tabular form, with their dates and, where appropriate, their numbers. All documents are now on file with the City Clerk. • -2- 411 Document or Event Date Number (a) Resolution approving boundary map 4/3/78 78-44 (b) Boundary Map filed with County Recorder 4/6/78 (c) Resolution of Intention 4/3/78 78-46 (d) Filing of Engineer ' s Report 8/7/78 (e) Resolution accepting report 8/7/78 78-129 (f) Affidavit of publication of Notice of Improvement 8/15/78 and 8/22/78 (g) Certificate of Mailing Notice of Improvement 8/10/78 (h) Certificate of Posting Notice of Improvement 8/21/78 (i) Public Hearing Conducted 9/18/78 ( ' ) Amended Engineer ' s Report filed 11/6/78 (k) Resolution accepting report and setting hearing 11/6/78 78-206 (1) Certificate of mailing copies of resolution accepting report , etc . 11/8/78 (m) Affidavit of publication, res . accepting report 11/13/7P (n) Public Hearing Conducted 12/4/78 7 . The City Council approves the Amended Engineer ' s Report and each component part of it, including each exhibit incor- porated by reference in the report. 8 . The City Council finds that the Engineer of Work, in the Amended Report, has fairly and properly apportioned the cost of the improvement to each parcel of land in the assessment dis- trict in proportion to the estimated benefits to be received by each parcel, respectively, from the improvement. The City Council hereby confirms and levies each individual assessment as stated in the Amended Engineer ' s Report. 9 . This City Council orders the improvement described in paragraph 2 and as detailed in the Amended Engineer.' s Report. 10 . Serial bonds representing unpaid assessments , and bear- . ing interest at the rate not to exceed eight percent (8%) per annum, will be issued in the manner provided by the Improvement Bond Act -3- 411. . . of 1915 (Division 10, Streets and Highways Code) , and the last in- stallment of the bonds shall mature fourteen (14) years from the second day of July next succeeding ten (10) months from their date. 11 . According to Section 10603 of the Streets and Highways Code, the City Council designated the City Treasurer to collect and receive payment of the assessments . 12 . If, on completion of the improvement and payment of all costs, any surplus remains in the improvement fund for the assessment district, the surplus shall be distributed as follows : a. If the surplus does not exceed five percent (5%) of the total amount expended from the improvement, or $1000 , whichever is less, the surplus shall be transferred to the general fund of the City. b. If the surplus exceeds the amount set forth in sub-para- graph a . , the surplus shall be credited to each assessment according to Section 10427 . 1 of the Streets and Highways Code . -4- 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 4th day of December , 1978 , by the following vote , to wit: AYES : Councilmembers Fulton, Gard, Kirkpatrick, and Demsher NOES : Councilmembers None ABSENT: Councilmembers Pugh MILDRED L. BRAYTON, City Clerk, City of Redding, Shasta County, California 1 .7 c zitst.... c ,, , ..___:).4_,.._. /,--..., - d -5-