HomeMy WebLinkAboutResolutions - No. 81-39RESOLUTION NO. 81-jq
BEFORE THE CITY COUNCIL OF THE CITY OF
LODI, CALIFORNIA
TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1
A RESOLUTION OF INTENTION TO ACQUIRE AND/OR
CONSTRUCT IMPROVEMENTS
RESOLVED, by the City Council of the City of Lodi,
California, that in its opinion the public interest, convenience
and necessity require and that it is the intention of said Council
to order the acquisition and/or construction of the improvements
hereinafter described.
1. Whenever any public way is herein referred to as running
between two public ways, or from or to any public way, the intersection:
of the public ways referred to are included to the extent that work
shall be shown on the plans to be done therein.
2. Said streets and highways are more particularly shown
in the records in the office of the County Recorder of San Joaquin
County, California, and shall be shown upon the plans herein referred
to and to be filed with the Clerk of said City.
3. All of said work and improvements are to be constructed
at the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations
as shown and delineated upon the plans, profiles and specifications
to be made therefor, as hereinafter provided.
4. There is to be excepted from the work herein described
any of such work already done to line and grade and marked excepted
or shown not to be done on said plans, profiles and specifications.
5. Said improvements to be acquired and/or constructed
are more particularly described as follows:
-1-
81-39
(a) The improvement of the following streets by clearing
and grading as required, and the construction therein of: Portland
cement concrete curbs, gutters, sidewalks and driveway aprons; asphalt
concrete paving with aggregate base; sanitary sewer facilities;
domestic water mains with firehydrants, valves and services; storm
drainage facilities; street lights; street signs; barricades; and
all necessary appurtenances to any of the above, to wit:
(1) Turner Road from the easterly terminus of the
existing Turner Road easterly to a point
approximately 700 feet east of the intersection
with Cluff Avenue;
(2) Cluff Avenue from its intersection with Turner
Road southerly to its intersection with Lockeford
Street.
(b) Removal of excess material and compaction of fill
in areas where excess material has been removed, the compaction
of land, and change of grade or contours, all suitable for the purpose
of the stabilization of soils within the District and/or to eliminate
any disparity in level or size between the improvements and private
property;
(c) The doing of all work auxiliary to any of the above
and necessary to complete the same;
(d) The acquisition of all lands and easements necessary
for any of said work and improvements.
6. Notice is hereby given of the fact that in many cases
said work and improvements will bring the finished work to a grade
different from that formerly existing, and that to said extent said
grades are hereby changed and that said work will be done to said
changed grades.
7. Said Council does hereby adopt and establish as the
official grades for said work the grades and elevations to be shown
upon said plans, profiles and specifications. All such grades and
elevations are to be in feet and decimals thereof with reference
to the datum plane of the City. .
-2-
81-39
8. The descriptions of the acquisitions and/or improvements
and the termini of the work contained in this Resolution are general
in nature. All items of work do not necessarily extend for the full
length of the description thereof. The plans and profiles of the
work and maps and descriptions as contained in the Engineer's report
shall be controlling as to the correct and.detailed description
thereof.
9. The costs and incidental expenses of said contemplated
acquisitions and improvements are made chargeable upon.an assessment
district, the exterior boundaries of which are described in Exhibit
A, attached hereto, and delineated upon'a map thereof, entitled,
"Proposed Boundaries of Turner Road and Cluff Avenue Assessment
District No. 1", on file with the City Clerk of said City, to which
reference is hereby made for further particulars. Said map indicates
by a boundary line the extent of the territory included in the proposed
district and shall govern for all details as to the extent of the
assessment district.
10. Said Council further declares that all public streets
and highways within said assessment district in use in the performance
of a public function as such shall be omitted from the assessment
hereafter to be made to cover the costs and expenses of said acquisition
and improvements.
11. Notice is hereby given that serial bonds to represent
the unpaid assessments, and bearing interest at not to exceed the
maximum rate provided by law, will be issued hereunder in the
manner provided in the Improvement Bond Act of 1915, and that
-3-
81-39
the applicable provisions of Part 11.1 of said Act, providing an
alternative procedure for the advance payment of assessments and
the calling of bonds, shall apply. The last installment of said
bonds shall mature not to exceed nineteen (19) years from the second
day of July next succeeding ten (10) months from their date, principal
and interest to be reasonably amortized, the proceeds of said bonds
to be invested and interest thereon paid into the redemption fund
of said bonds.
Said Council finds and declares that a special reserve
fund as provided in Part 16 of the Improvement Bond Act of 1915
shall be required, the amount thereof to be determined upon the
sale of the bonds.
Said Council hereby covenants with the holders of said
assessment bonds to be issued herein that it will, within ninety
(90) days following the due date of any delinquent installment of
assessments securing the bonds to be issued, commence and thereaft.•-
diligently prosecute to completion a foreclosure action regarding
such delinquent installment of assessment, upon written demand of
the bondholder therefor received not later than forty-five (45) days
following said delinquent installment due date.
12. Except as herein provided for the issuance of bonds,
all of said improvements shall be done pursuant to the provisions
of the Municipal Improvement Act of 1913. Sections 10,000, et seq.
of the Streets and Highways Code of the State of California.
13. Reference is hereby made to proceedings had pursuant
to Division 4 of the Streets and Highways Code on file with the
City Clerk.
-4-
81-39
14. Said proposed acquisitions and/or improvements are
hereby referred to MORTON & PITALO, INC., Civil Engineers, Sacramento,
California, being a competent firm employed by said City for that
purpose; and said Engineer is hereby directed to make and file with
the City Clerk a report in writing, presenting the following:
(a) Haps and descriptions of the lands and easements, and
a general description of any works or appliances to be acquired;
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution of Intention;
(c) Engineer's statement of the itemized and total estimated
costs and expenses of said acquisitions and/or improvements and
of the incidental expenses in connection therewith;
(d) Diagram showing the assessment district above referreu
to, and also the boundaries and dimensions of the respective subdivisio
of land within said District as the same existed at the time of
the passage of this Resolution of Intention, each of which subdivisions
shall be given a separate number upon said diagram;
(e) A proposed assessment of the total amount of the costs
and expenses of the proposed acquisitions and/or improvements upon
the several subdivisions of land in said district in proportion
to the estimated benefits to be received by such subdivisions, respec.-
tively, from said acquisitions and improvements, and of the expenses
incidental thereto.
15. Notice is hereby given that, in the opinion of the
Council, the public interest will not be served by allowing the
property owners to take the contract for the construction of the
-5-
81-39
improvements, and that, pursuant to Section 10502.4 of the Streets
and Highways Code, no notice of award of contract shall be published.
16. If any excess shall be realized from the assessment,
it shall be used in such amounts as the Council may determine, in
accordance with the provisions of law for one or more of the following
purposes:
(a) Transfer to the general fund of the City, provided
that the amount of any such transfer shall not exceed the lesser
of $1,000 or 5% of the total amount expended from the improvement
fund;
(b) As a credit upon the assessment and any supplemental
assessment in accordance with the provisions of Section 10427.1 of
the Streets and Highways Code;
(c) To reimburse the City for any contributions or advances
to or for the construction fund in accordance with the provisions of
Section 10427.2 of the Streets and Highways Code;
(d) For_the maintenance of the improvements or a specified
part thereof.
DATED: April 15, 1981.
I, ALICE 14. REIMCHE, City Clerk of the City of Lodi, do
hereby certify that Resolution No. 81- 39 was passed and adopted
at a regular meeting of the City Council of the City of Lodi, held
April 15, 1981, by the following vote:
AYES:
Councilmen
- Murphy, Hughes, Pinkerton, Katnich
and McCarty
NOES:
Councilmen
- None
ABSENT:
Councilmen
- None
ABSTENTIONS:
Councilmen
- None
ALICE M. REIMCHE
Clerk
-6-City
81-39
OA
:
MORTON & PITALO, INC.
Civil FI -.n -net-`durvo% r%.7
March 13, 1981 1 /w i riiwte R j , Sai.ii)mento. Co 65F15
800085 916/9.20.2•,111
nFC!'P 1 -PT rnN
Assessment District Boundary
All that certain real property situate in the City of Lodi, County of San Joaquin,
State of California, described as follows:
A portion of Section 31, Township 4 North, Range 7 East, Tt.D.M., and a portion of
Section 6, Township 3 North, Range 7 East, M.D.M., more particularly described as
follows:
BEGINNING at the Northeast corner of Parcel 6, as said parcel is described in
deed recorded in -Book 3710, Official Records of said County, at Paye 677, from
which the quarter corner common to said Sections 31 and 6 bears the following
three (3) courses: (1) North 83057' West 460.26 feet; (2) South 00003'23" [•/est
504.97 feet; and (3) North 88048'17" West 420.40 feet; thence, from said point
of beginning, along the Southeasterly line of said Parcel 6, South 47050' [test
282.20 feet to a point on the East line of Lot 1.7, as :aid lot is :31jown upon
the map entitled "EDDLE1.1AN TRACT," filed in Book 1 of Maps and Plats, Page 26,
Official Records of said County; thence, along the East line of Lots 17, 15,
13, 11, 9, 7, 5 and 3,. as shown on said.ma9 entitled "EPDLEMAN TRACT," the
following three (3) courses: (I) South 00 03'19" [fest 731.50 feet; (2) South
00011'08" East 724.67 feet; and (3) South 00029'18" East 1007.25 feet to a
point on the East -line of said Lot 3,_said�point being 17 feet South of the
Southeast corner of said Lot 5; thence, parallel to the No.rt:h Line of said
Lot 5, South 88018'00" West 453.90 feet; thence, South 02001' [-.lost 307.59
feet; thence, South 85027' East 44 feet; thence, South 0003.3' [/fist 287 feet
to a point on the Northerly right-of-way of LOCKEFORD STREET; thence, along
said right-of-way line, North 85027'00" West 1006.8 feet, thence, North
00029' East 300 feet; thence, North 85027'00" Wc5t 607.33 C ct; thence,
North 00029' East 106.17 feet; thence, North 85003'00" West 269.57 feet
to a point on the Easterly right-of-way of BF.CKILIN ROAD, thv)ce, Northerly
along the arc of a curve concave to the Northeast, having a I'adius of 372.0
feet, a distance of 32.25 feet to the Southwest corner of Lot .1., as shown
on INDUSTRIAL LITE, Tract No. 1452, filed Decemhar 3, 1979, in Book of Maps
and Plats, Volume 25, at Page 24, San Joaquin County Rrcords; thence, along
the Southerly line of said INDUSTRXe'IL LITE, South 38015'00" East 1.533.63
feet to the centerline of Cluff Avenue; thence, along said centerline,
North 00038'00" East 446.00 feet; thence, Ieavirg said centerline, North
88015'00" West 32.00 feet to the Northeast corner of Lot 23 of said
INDUSTRIAL LITE; thence, along the North line of :aid INT USTRIAL LTTE,
North 88015'00" West 1292.60 feet; thence, North 00029' East 495 feet;
thence, South 88015' East 1316.5 feet to a point in the centerline. of
Cluff Avenue; thence, North 00005'13" East 1140.00 feet; thence, North
EXI-1111D! 1 A
March 13, 1981
800085
Page 2
8848'03" [lest 325.00 feet; thence, South 00005'15" rest 150.01 Feet; thence,
North 88047'56" West 1003.45 feet, thence, North 00003'54" hest 329.99 feet;
thence, South 88047'54" East 686.25 feet; thence, North 01054'54" [Jest 130.00
feet; thence, South 86046'23" East• 418.17 feet; thence, North 00005'15" East
65.00 feet; thence, North 56014'09" East 220.34 feet; thence, South 89012'15"
East 25.00 feet; thence, South 41036'40" East 63.13 feet; thence, South
89012'15" East 400.24 feet; thence, North 00003'28" East 244.97 feet;
thence, South 83058'32" East 460.26 feet to the point of beginning.
EXl-iJBIT A
f �
EXHIBIT "A" TO RES. 81-39
TURNER ROAD AND CLUFF AVENUE ASSESSMENT DISTRICT NO. 1
(REASSESSMENT AND REFUNDING OF 1988)
OUTSTANDING REFUNDED BONDS MATURITY SCHEDULE
Interest
Annual
Date of Maturity
Rate
Amount
10.0%
$135,000.00
July 2, 1989
10.0%
135,000.00
July 2, 1990
10.0%
135,000.00
July 2, 1991
10.0%
135,000.00
July 2, 1992
10.0%
135,000.00
July 2, 1993
10.0%
135,000.00
July 2, 1994
Total
$810,000.00