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HomeMy WebLinkAboutResolutions - No. 80-6that RESOLUTION NO. 80-6 BEFOI:E THE CITY COUNCIL OF THE CITY OF LODI, CALIFORNIA INDUSTRIAL WAY AND BECKMAN ROAD ASSESSMENT DISTRICT NO. 1 RESOLUTION ORDERING CHANGE AND MODIFICATION IN THE WORK OF IMPROVEMENT, BOUNDARIES OF DISTRICT, AND IN THE TOTAL ASSESSMENT, AND PROVIDING FOR ISSUANCE OF ADDITIONAL, BONDS ON ADDITIONAL UNPAID ASSESSMENTS RESOLVED, by the City Council of the City of Lodi, California, WHEREAS, this Council did on November 15, 1978, adopt its Resolution No. 78-165, A Resolution of Intention to Acquire anal/or Construct improvements in and for said City; and WHEREAS, on December 19, 1979, said Council adopted its Resolution No. 79-185, declaring its intention to make changes and modifications in the proposed improvements under said Resolution No. 78-165 and in the boundaries of said district; and WHEREAS, notice of the time and place therein stated for hearing protests in relation to the proposed changes and modifications was given in the manner and form provided by law, as appears from the affidavits on file in the office of the City Clerk; and WHEREAS, all owners of property affected by said proposed changes and modifications have filed with the City Clerk their consent to the proposed changes and modifications in the improvements to be acquired and/or constructed in said proceedings and in the boundaries of said district, and their further consent to the assessments against their properties to cover the costs and expenses of said improvements, and requested that bonds be issued in the amounts of the assessments immediately upon confirmation thereof; and -1- WHEREAS, no written protests have been received, and all persons interested desiring to be heard were given an opportunity to be heard, and all matters and things pertaining to said changes and modifications were fully heard and considered by said Council; NOW, THEREFORE, SAID COUNCIL DOES HEREBY FIND, DETERMINE AND ORDER AS FOLLOWS: 1. That all owners of property affected by the proposed changes and modifications have filed with the City Clerk their consent thereto; 2. That the public interest, covenience and necessity require the changes and modifications in the improvements to be acquired and/or constructed in said proceedings and in the boundaries of said district in the manner proposed. 3. That the properties benefited by the additional improve- ments and to be assessed to pay the cost's and expenses thereof, and the change in the exterior boundaries of said district, are as set forth and described in said Resolution No. 79-185. 4. That the assessments of the total costs and expenses of said improvements upon the several subdivisions of land in said district are hereby changed and modified as set forth in the Engineer's Report, as amended, on file in the office of the City Clerk. 5. That the City Clerk and Director of Public Works shall file and record an amendment to the assessment diagram as provided by law and in the manner prescribed for the filing and recording of the original assessment diagram herein as set forth in Resolution No. 78-184 adopted by this Council on December 20, 1978. 6. That bonds shall be issued upon the security of the additional unpaid assessments in the total amount of $98,000.00 in -2- accordance with the provisions of the Improvement Act of 1911 and as set forth in Resolution No. 79-13 adopted by this Council on January 17, 1979; that said bonds shall bear interest as set forth in said resolution, shall be numbered 24 and 25, shall be dated January 17, 1980, with the first interest payable July 2, 1980 and principal coupons maturing January 2, 1981 to January 2, 2000. Said additional unpaid assessments are as follows: Assessment No. Description Amount 24 Parcel A of Map Recorded August 3, 1979, in Book 8 of Parcel Maps, page 12, San Joaquin County Records $58,800.00 25 Parcel B of Map recorded August 3, 1979, in Book 8 of Parcel Maps, page 12, San Joaquin County Records 39,200.00 $98,000.00 DATED: January 16, 1980 I, ALICE M. REIMCHE, City Clerk of the City of Lodi, do hereby certify that Resolution No. 80-6 was passed and adopted at a regular meeting of the City Council of the City of Lodi, held January 16, 1980, by the following vote: AYES: Councilmen - Hughes, Katnich, McCarty and Katzakian NOES: Councilmen - None ABSENT: Councilmen - Pinkerton ABSTENTIONS: Councilmen - None r ALICE M. R CHE -3- PETITION FOR CHANGE AND MODIFICATION OF ASSESSMENT DISTRICT TO EXTEND THE BOUNDARIES THEREOF AND INCLUDE ADDITIONAL WORK OF IMPROVEMENT To the Honorable City Council, City of Lodi Lodi, California Gentlemen: Re: Industrial Way and Beckman Road Assessment District No. 1 The undersigned respectfully petition the Honorable City Council and show as follows: That they are the owners of the real property set opposite their signatures, and that said real property is in the immediate vicinity of and contiguous to the westerly boundary of the southerly portion of said assessment district; 2. That the undersigned are owners of a portion of the real property included within the above assessment district and as such are among the signatories on the petition for the formation of said assessment district and are familiar with the contents of said petition filed with the City Clerk of the City of Lodi; 3. That the undersigned respectfully request that the assessment district and proceedings be modified to include within the boundaries of said district the properties of the undersigned as set forth below, and to add to the scope of the work of improve- ments to be acquired the street improvements installed in Beckman Road from its intersection with Industrial Way southerly approximately 370.60 feet, and in Industrial Way from its intersection with Beckman Road easterly approximately 408.13 feet, said improvements consisting of asphalt concrete paved streets, Portland cement curb, gutter and sidewalk, street sign posts and survey monuments, storm water drainage facilities, sanitary sewer facilities, domestic water distribution facilities, and street lighting system, all to serve the properties of the undersigned, and as more particularly shown on the plans and specifications on file with the City of Lodi. -1- 4. That the undersigned hereby agree to the terms and provisions of the petition for the formation of the assessment district and consent to the levy of an assessment against the properties of the undersigned for the costs and expenses of said additional work of improvement and incidental expenses of said assessment proceedings, in accordance with the benefits to be provided to the real properties of the undersigned. 5. That the undersigned hereby waive the thirty (30) day period provided by law for the payment of assessments in cash, and request that bonds be issued in the amounts of the assessments levied upon said properties immediately upon confirmation of said assessments as set forth in the revised Engineer's Report on file with the City Clerk. Description of Property and Proposed Assessment: Assessment No. Description Amount 24 Parcel A of Map recorded August 3, 1979, in Book 8 of Parcel Maps, page 12, San Joaquin County Records $58,800.00 25 Parcel B of Map recorded August 3, 1979, in Book 8 of Parcel Maps, Page 12, San Joaquin County Records $39,200.00 Respectfully submitted, ROBERT B. WOODS, as Trustee of the Woods Revocable Trust under Trust Agreement dated 12/13/75 CHARLES F. FERDIJN, as Trustee of the Ferdun Revocable Trust under Trust Agreement dated 12/13/75 -2-