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HomeMy WebLinkAboutAgenda Report - February 5, 1986 (100)Lodi for any and all persons having any objections to the proposed work or improvements or to the extent of the territory to be assessed to pay the cost and expenses thereof to show cause why said improvements should not be carried out. It should be noted that notices of this hearing were sent under Declaration of Mailing to all property owners in the proposed assessmynt district. The matter was introduced by City Clerk Reil-rche who outlined this procedure as it is set forth in the State of 4t California Streets and Higinvays Code. airs. Reirrche further advised that it would appear that a majority protest as defined by law had been filed. The calculations for the majority protest were confirmed. Following discussion, on motion of Mayor Pro Tempore Reid, Olson second, Council discontinued all further proceedings in this matter. r�tTNCIL C0NB1UN1CAT10'- TO THE CITY COUNCIL DATE NO_ FROM THE CITY MANAGER'S OFFICE rebruary `5, 1986 5U87ECT: TX IG STREET STREET LIGHT DISTRIX' (Protest Hearing) The Lodi City Council on the 18th of December, 1985 passed Resolution of Intention No. 85-178 to order certain work to be done and improvements to be made for the construction of street light standards and necessary wires a;- conduits in the Liebig Street Street Lignting District pursuant to the provisions of the "Improvement Act of 1911". Further, the Council set Wednesday, February 5, 1986 at 7:30 p.m. as the --ne for a public hearing where any.and all persons, having any objections to the proposed work or improvements or any objections to the boundaries of the district proposed to be assessed to pay the cost and expenses of said work, may appear before the Council axed show cause why said improvements should not be 7 Carried out in accordance with the Resolution of Intention. Notices of this, hearing were published and posted on property located within the subject district as required by law. A copy of the Resolution of Intention No. 85-178 giving notice of the public hearing was also -nailed, under declaration of mailing, to all property owners within the subject district_ If the Council finds that said protests and objections are made by the owners of less than one-half of the area of the property to be assessed for said improvements it would be in order for the Council to adopt the followi:.g resolutions: a) Resolution ovexruling Protests b) Resolution Adopting Scale of Prevailing Wages c) Resolution ordering Work and setting the bid opening for said work for 11:00 a.m., February 21, 1986 d) Resolution Directing Assessment, be Prepared (Sample Resolutions are Attached) Section 5222 of the California Streets and Highways Code provides that if the protest is against the proposed work and the legislative body find that the protest is made by the owners of more than one-half of the area of the property to be assessed for the improvements, and protests are not withdraw:. so as to reduce the same to"less than a majority, no further proceedings shall be taken for a period of one year from the date of the decision of the legislative body on the hearing unless the protests are overruled by an affirmative vote of four-fifths of the members of the legislative body. ALICE M. REI�IChE City Clerk RESOLUTION NO. RESOLUTION OVERRULING PRO=, LIESIG STREET STREET LIGHT DISTRICT WHEREAS, on the 18th day of Decenoer, 1985, the City Council of the City of Lodi passed its Resolution of Intention No. 85-178 to order certain work to be done and improvements to be made for the 'construction of street light standards and necessary wires and conduits in the Liebig Street Street Lighting District in the City of Lodi under and pursuant to the provisions of the "Improvement Act of 1911", the names of the streets proposed to be inproved, a description of the streets and/or public ways and/or easements on which said improvement is to be made, the location and character of said proposed work, and the assessment district being described in said Resolution of Intention, which is hereby expressly referred to for all further particulars; and WHEREAS, certain owners of property liable to be assessed for said work and improvement made written protests or objections in writing and delivered the same to the Clerk not later than the hour set for hearing such objections; and WHEREAS, at the time set for hearing the protests and objections the said City Council of the City of Lodi proceeded to hear the same and all of the protests or objections having been heard and duly considered, IT IS. HEREBY RESOLVED, by the City Council of the City of Lodi, _ County of San Joaquin, State of California, that all of the said protests and objections of every kind or nature be and the same are hereby overruled or denied; and IT IS HELY RESOLVED FURTHER, that said City Council finds that. said protests and objections are made by the owners of less than one-half of the area of the property. to be assessed for said improvements. - Dated: February 5, 1986 I hereby certify that Resolution No. was passed and adopted by the City Council of the City of Lodi in a regular meeting held February 5, 7,986 by the following vote: Ayes: Council Members - Noes: Council Menbers - Absent: Council Members - Alice.M. Reimche City Clerk 'RESOLUTION NO. P.FSOLUTION F.DOPTING SCALE OF PREVAILING K%GE RATES, LIEBIG STREET STRI"nT LIGHT DISTRICT Wim, the City Council of the City of Lodi did upon the 18th day of December, 1985, adopt plans and specifications for the const --action of Street Dight Standards and necessary wires and conduits in the Liebig Street Street Lighting District in the City of Lodi; NOW, TIUMEFORE, BE IT RESOLVED, by the City Council of the Citv of Lodi that said City Council has determined and established the general prevailing rate of per diem wages for each type of craft or workmen deeded to execute or perform the necessary work or improvement in accordance with the schedule appended hereto and described "Schedule of Per Diem Wage Rates"; and BE IT FURTHER RESOLVED, that said "Schedule of Per Diem wage Rates" be embodied in the Notice Inviting Sealed Bids and all contract doc-uroents in connection with said work and improvement hereinabove described. Dated: February 5, 1986 I hereby certify that Resolution No. was passed and adopted by the City Council of the City of Lodi in a regular meting held February 5, 1986 by the following vote: Ayes Council Members - RESOLUTION NO. LIEBIG STREET STREET LIGHTING DISTRICT RESOLUTION ORDERING THE WORK WHEREAS, the City Council of the City of Lodi, County of San Joaquin, State of California, did on the 18th day of December, 1985, adopt its Resolution of Intention 24o. 85-178 to order the therein describ-ad work and improvements. to be done and made in the City of Lodi, which Resolution of Intention was duly and legally published in the time, form and manner as required by law, as shown by the affidavit of publication of said Resolution of Intention on file in the office of the City Clerk of said City of Lodi; and WHEREAS, after the adoption thereof, notices of the passage of said Resolution of. Intention, headed "Notice of Improvement", were duly and legally posted in the time, form, manner, locations and number as required {" law, as a said notices, on file in by appears from the affidavit of posting _ the office of the City Clerk of said City of Lodi; and WHEREAS, after the adoption thereof, notices of the adoption of said Resolution of Intention were duly mailed to all persons owning real property proposed to be assessed for the inwrovements described in said t,. Resolution of Intention No. 85-178 according to the nacres and addresses of t such owners, as the same appear on the last equalized assessment roll for County taxes prior to the day of. such mailing, or as ,mown to the City Clerk of the City of Lodi,which said notices were duly mailed in the t time, form and manner as required by law; and WHEREAS, said City Council of the City of Lodi having duly received t" and considered evidence oral and documentary concerning the jurisdictional facts in this proceeding and concerning the necessity for the cantemplated work and improvement and the benefits to be derived therefrom, and said City Council having now acquired jurisdiction' to order the Iroposed improvemant, IT IS HEREBY RESOLVED, by the City Council of the City of Lodi, County of San Joaquin, State or California, that the public interest and convenience require the improvement herein referred to, and said City Council hereby- orders that the work and irprovement, as set forth and described in said Resolution of Lntention No. 85-178, passed by the City Council on the 18th day of December, 1985, and in the plans and specifications therein referred to, to be done and made. RESOLVED FUP'IHER, that the boundaries of the assessment district, and the grades to which said work and inprovenents are to be constructed, shall be those set forth and described in said Resolution of Intention No. 85-178, and in the plans and specifications therein referred to, reference to which is hereby made for all further particulars. RESOLVED FURTHER, that the proposals or bids shall be delivered to the Citv Clerk of the City of Lodi on or before February 21, 1986, at the hour of 11:00 a.m. of said day, and the City Clerk of the City of Lodi is Alice M. Rei=he City Clerk ' RESOLUTION NO. RESOLUTION DIRECTING ASSESSMENT TO,BE PREPARED AND SIGNED 3 BY THE CITY ENGINEER, LIEBIG STREET STREFT.LIGh DISTRICP WHEREAS, the City Council of the City of Lodi did on the 18th day } of December, 1985, pass its Resolution of Intention No. 85-178 for the work and improvement to be made and done pursuant to the provisions of the "Inprovement Act of 1911"; and *1EREAS, the City C7uncil of the City of Lodi desires that any assessment hereafter to be made for the assessment of the distribution of the costs thereof upon the lands benefitted thereby, shall be made and 4 signed by the City Engineer of the City of .Lodi; NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Lodi, that any assessment hereafter made distributing the costs of the work described in Resolution of Intention No. 85-178 of. this body, upon the property benefitted thereby, shall be made and signed by the City Engineer of the City of Lodi. Dated: February 5, 1986 I hereby certify that Resolution No. was passed and adopted by the City Council o€.the City of Lodi in a regular meeting held February 5, 1986 by t2ze €ollowing vote: Ayes: Council Members - Noes: Council Members - Absent: Council Members - Alice M. Reimche City Clerk Dated: February 5, 1986 ALICE M. REIMCHE City Clerk `.'TFORNIATION REGARDING .,.' INSTALLATION OF STREET LIGHTS 1. -Responsibility for Street Light Lnstalla:ion All street -lights in the City of Lodi lave been installed by Froperty owners either through Special Assessment Districts or by installation by the subdivider. 2. Construction Standards The standard of construction (type of ligl_ts, spacing, etc.) is established by the City and applies to all street lights installed_ For information regarding the specific plans, for the district, individuals should contact the City Clerk in the City Hall. 3. City Participation The property owner is only responsible for the street light installation. When installation is complete, the City accepts responsibility for the electricity used and the maintenance. This differs frcnz some communities where streetlight maintenance districts are required. In these instances the district is a r itinuing district with annual taxes to pay for power and maintenance_ 4. - Petition In .Lodi the 1911 Improvement Act is used to accomplish the improvement. The 1911 Act proceedings are initiated by the property o%vners requesting the improvements through a petition to the City Council. To avoid unnecessary expense to the property owners,- the City prefers a petition with signatures of the owne,s of 6070 of the front footage in the district. In the case of joint tenancy, the signature of one of the owners on the petition is sufficient. A woman should sign using her own first name, that is, 11Mrs. Mary Smith" and NOT "ivirs. john Smith." 5. Cost Estimates At the time petitions are secured from the City Clerk, the City furnishes a rough rule -of -thumb estimate of the cost per front: foot. After the petition is submitted to the City Clerk, the Engineers draw the pians and establish a more precise estimate. The cost estimate for this district is $6.00 per front foot. ' 6. Elements of Costs The cost estimate includes the charge by the construction contractor, cost, of work to be done by City crews (this involves tying lights into City distribution system), engineering, printing, inspection, street patching, and legal advertising. These charges ar, provided by law as incidental costs. The City trys to keep these costs to a minimum. 7. Final Costs It must be fully understood that the City's estimate is only that. The actual cost will be determined by the price of the low bidder on the ,fob. - If the low bid is too high, the City Council can refuse to accept it and readvertise for bids. 8. Assessments The property owner is assessed his share of the costs on the basis of benefit. Generally the benefit is based on the front footage owned. When the district includes property with any unusual frontage characteristics (cul-de-sac or other irregular lots) the benefit may be measured at the building set -back line. The assessment is developed by dividing the total cost of the district by the total footage in the district. 9. Payment of Assessments The payment of the assessments is provided by law. The assessment is due and payable within 30 days after the installation is complete and accepted by the City Council. The law provides that after 30 dais, a charge of 1016 per month must be charged on the unpaid balance of the assessment. In August of each year any delinquent assessments can be submitted to the County Tax Collector for inclusion in the regular tax bill. The. City of Lodi interprets the State law as liberally as possible The City is interested in complying with the law but not in collecting the interest charges. Therefore, interest is not charged on, portions of months and only at the end of a full calendar month. Where timing of payment is a problem,it is suggested that the property owner discuss the matter with the .City Finance Director where he can receive a detailed explanation. To aid the property owner plan_ for payment of his assessment, it generallv takes about 4 to 6 months after submission of the petition to the City Clerk for the construction to be cornplcted and the assessment bills to be mailed. -2- February 5, 1986 ^� k PETITION r 6+7-090 -// L 647-090-13 X047- 690 - 104-7- 090-17 ro47-©90-/8 1047-ago-�i 177c 47a r r�'r i'q,, VC .,e 7bo-,�s � . Lad•3/ G0.0c &O.OG t7�t17: _---�►5.�f"'t�.l��` - - -- �_:_�,�.L��tU--__S�rcC��.�t ,i047•D9D`-Dj. 120 Sa��i�l� 0.T'. V0117 C/ P.+ f447 -09U -©3 IZ08 ,1-t��►� �t�cr�/� ,i,? 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