HomeMy WebLinkAboutResolutions - No. 78-184that
I
DATE
CITY OF LODI
RESOLUTION NO. -?
CITY CLERK
BEFORE THE CITY COUNCIL OF THE CITY OF
LODI, CALIFORNIA
INDUSTRIAL, WAY AND BECKMAN ROAD ASSESSi ENT DISTRICT NO. 1
A RESOLUTION DETERMINING CONVENIENCE ANIS NECESSITY,
ADOPTING ENGINEER'S REPORT, AS A:iENDED, CONFIRMING
ASSESSMENT, AND ORDERING THE WORK AND IMPROVEMENTS
RESOLVED, by the City Council of the City of Lodi, California,
WHEREAS, on the 15th -day of November, 1978, said Council;
adopted its Resolution No. 78-165, a Resolution of Intention to
Acquire and/or Construct Improvements, wherein it declared that in
its opinion the public interest, convenience and necessity required,
and that it intended to order the acquisition and/or construction
of certain improvements therein particularly described, and referred
the proposed acquisitions and improvements to the Engineer of Work
of said City, he being the officer having charge and control of
the acquisitions and improvements in and for said City of the Mind
described in said Resolution, and being a competent person employed
by said City for that purpose;
WHEREAS, said Council thereby directed said Engineer of
Work, to wake and file with the City Clerk of said City a report
in writing in accordance with and pursuant to the provisions of the
Municipal Improvement Act of 1913;
WHEREAS, said report was duly made and filed with the
City Clerk whereupon the Clerk presented it to said Council for
consideration)-
WHEREAS,
onsideration;
WHEREAS, said Council thereupon duly considered said report
and each and every part thereof, and found that it contained all
the matters and things called for by the aforesaid provisions of
-1-
said Act, including (1) maps and descriptions of lands and casements,
and a general description of the works or appliances to be acquired,
(2) plans and specifications of the proposed improvements to be
trade, (3) estimate of costs, (4) diagram of district, and (�) an
assessment according to benefits: all of which was done in the form
and manner required by said Act;
WHEREAS, said Council found that said report and each
and every part thereof was sufficient in every particular and determined
that it should stand as the report for all subsequent proceedings
under said Act and resolution of Intention, whereupon said Council
pursuant to the requirements of said. Act, appointers Wednesday, the
20th day of December, 1973, at 8:00 o'clock p.m. of said day in
the Council Chambers, City scall, Lodi, California, as the time and
place for hearing protests in relation to said proposed acquisitions
and improvements, and directed the Clerk of said City to give notice
of said hearing as required by said Act;
WHEREAS, it appears that notices of said hearing were
duly and regularly posted and published in the time, form and manner
required by said Act, as evidenced by the affidavits on file with
said Clerk, whereupon said hesri.ng, was duly and regularly held at
the time and place advertised in said notices;
WHEREAS, no persons interested, objecting to said acquisitions
and improvements, or to the extent of the assessment district, or
to the proposed assessment or diagram, ox to the maps and descriptions,
or to the grades at which said work will be done, or to the Engineer's
estimate of the costs and expenses thereof, filed written protests
with the Clerk of said City at or before the time set for said hearing,
-2-
and all persons interested desiring to be heard were given an opportunity
to be heard, and all matters and things pertaining to said acquisitions
and improvements were fully heard and considered by said Council;
NOW, THEREFORE, said Council does hereby find, determine
and order as follows:
1. That the owners of one-half of the area of the property
to be assessed for the cost of said project did not at or prior
to the time fixed for said hearing, file written protests against
the said acquisitions and improvements, or as to the Engineer's
estimate of costs and expenses of said project, or against the maps
and descriptions, or against the grades at which said work is proposed
to be done, or against the diagram and assessment to pay for the
costs and expenses thereof.
2. That any and all protests made either to the questions
of the public interest, convenience and necessity of making said
acquisitions and improvements under said Resolution of Intention,
or to said proposed acq=uisitions and improvements, or the grades
to which said work is proposed to be done, or to the extent of the
assessment district, or the maps and descriptions, or the amounts
of the several assessments, and all persons desiring to be heard
in relation to any of said matters, whether as protestants or otherwise,
have been fully heard and considered, and are hereby overruled.
3. That the public interest, convenience and necessity
require the acquisitions and improvements in the manner proposed,
and Division 4 of the Streets and Highways Code shall not apply.
4. That the district benefited by said acquisitions and
improvements and to be assessed to pay the costs and expenses
-3-
thereof, and the exterior boundaries thereof, is the district described
in said Resolution No. 78-165.
5. That the Engineer's estimate of the itemized and total
costs and expenses of said acquisitions and improvements, and of
the incidental expenses in connection therewith, contained in said
report, as amended, be, and it is hereby finally adopted and approved
as the Engineer's total and detailed estimate of the costs and expenses
of said acquisitions and improvements.
5. That the plans and specifications for the proposed
improvements, contained in said report be, and they are hereby finally
adopted and approved as the pians and specifications to which said
work shall be done as called for in said Resolution No. 78-165.
7. That the maps and descriptions of the lands and easements
to be acquired, as contained in said report be, and the same are
hereby approved and confirmed.
8. That the public interest, convenience and necessity
require, and said Council does hereby order the acquisitions and
improvements to be made as described in and in accordance with said
Resolution No. 78-165, on file in the office of the City Clerk,
reference to which is hereby made for a more particular description
of said acquisitions and improvements and for further particulars,
pursuant to the provisions of said Act.
9, That the diagram showing the assessment district referred
to and described in said Resolution of Intention, and also the boundaries
and dimensions of the respective subdivisons of land within said
district as the same existed at the time of the passage of said
Resolution, each of which subdivisions have been given a separate
-4-
number upon said diagram, as contained in said report, be, and it
is hereby finally approved and confirmed as the diagram of the properties
to be assessed to pay the costs and expenses of said acquisitions
and improvements.
10. That the assessment of the total amount of the costs
and expenses of the proposed acquisitions and improvements,,upon
the several subdivisions of land in said assessment district in
proportion to the estimated benefits to be received by said subdivisions,
respectively, from said acquisitions and improvements, and of the
expenses incidental thereto, as contained in said report, as amended,
be, and the same is hereby finally approved and confirmed as the
assessment to pay the costs and expenses of said improvements.
11. That the Engineer's report, as a -mended, be, and the
same is hereby finally approved and confirmed as a whole.
12, That the Clerk of said City shall forthwith deliver
to the Director of Public ,forks of said City the said assessment
together with the diagram thereto attached and made a part thereof,
as confirmed by this Council, with his certificate of such confirmation
thereto attached and of the date Mherof; and that said Director of
Public Works shall record said diagram and assessment in.,his office
in a suitable book to be kept for that purpose, and shall append
thereto his certificate of the date of such recording, and such
recordation shall be and consCiLuLe the assessment roll herein.
13. Thar said Director of Public Works, upon the recording
of said diagram and assessment, shad mail to each owner of real
property within the assessment district, at his last known address
as the same appears on the tax rolls of the City or on file in the
-5-
office of the Clerk of said City, or to both addresses, if said
address is not the same, or to general delivery when no address
so appears, a statement containing a designaCion by street number
or other description of the property assessed sufficient to enable
the o�9ner to identify the same, the amount of the assessment, the
date of recordation of said assessment, the time and place of payment
thereof, the effect of failure to pay within such gime, and,a statement-
of
tatementof the fact that bonds will be issued upon the unpaid assessments
in the manner provided in the Improvement Pond Act of 1911, the last
installment of which bands shall mature not to exceed nineteen (19)
years from the: second day of January next succeeding the next
September Ist following their date.
14, That said Director of Public Works shall also cause
Notice to Pay Assessments to be published once a week for two successive
weeks in the Lodi Sentinel, a newspaper published and circulated
in said City, that said assessment has been recorded, and that all
sums assessed thereon are due and payable immediately, and that
the payment of said sums is to be made within thirty (30) days after
the date of recording said assessment, which date shall be stated
in said notice, and of the fact that bonds will be issued upon unpaid
assessments as above provided.
DATED: December 20, 1978
I, ALICE M. REIMC t, City Clerk of the City of Lodi, do
hereby certify that Resol.utiOn NTT— 78-184 was passed and adopted
at a regular meeting of the City Council of the City of Lodi, held
December 20, 1978, by the following vote:
AYES: Councilmen -- Hughes, Katzakian, AcCartF and
Pinkerton
NOES: Councilmen -- ,one
ABSENT: Councilmen - Katnich
ABSTENTIONS: Councilmen. T Bone
ALICE M; REIMCHE