HomeMy WebLinkAboutResolution 092-88 0 R-4
1 (*Amended 9/13/88, see p.6)
CITY OF ATASCADERO
IMPROVEMENT DISTRICT NO. 5
(CHANDLER RANCH AREA ASSESSMENT DISTRICT)
RESOLUTION NO. 92 -88
RESOLUTION OF INTENTION
WHEREAS, in accordance with prior proceedings duly
had and taken, the City Council of the City of Atascadero (the
"City Council" ) has declared its intention to and has
determined to undertake proceedings pursuant to the Municipal
Improvement Act of 1913 and to issue bonds in said proceedings
under the provisions of the Improvement Bond Act of 1915,
commencing with Section 8500 of the Streets and Highway Code,
for the acquisition and construction in and for the City of
Atascadero (the "City" ) of the public improvements more
particularly described in Exhibit A, attached hereto and
incorporated herein and made a part hereof, in and for an
assessment district in the City designated "City of Atascadero
Improvement District No. 5 (Chandler Ranch Area Assessment
District)"; and
WHEREAS, the City Council, by resolution duly
adopted, appointed the firm of Cuesta Engineering as Engineer
of Work in and for said proceedings and authorized and
directed said firm to do and perform or cause to be done and
performed all engineering work necessary in and for said
proceedings, including the preparation of plans and
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specifications for said improvements and the descriptions of
the acquisitions, together with estimates of costs thereof,
and the preparation of a map of the assessment district, an
assessment diagram, and an assessment; and
WHEREAS, the public interest, necessity, convenience
and general welfare will be served thereby;
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Atascadero, as follows:
1. The foregoing recitals are true and correct and
this City Council so finds and determines.
2 . The public interest, necessity, convenience and
general welfare require the acquisition and construction of
the improvements hereinafter described in and for the
assessment district hereinafter described.
3 . It is the intention of this City Council to
order the foregoing public improvements to be made in and for
the City in an assessment district designated "City of
Atascadero Improvement District No. 5 (Chandler Ranch Area
Assessment District) , " the exterior boundaries of which are
hereinafter specified and described in Section 4 hereof, which
such improvements shall be made pursuant to the Municipal
Improvement Act of 1913 .
4. The City Council hereby declares that the
territory within the boundaries hereinafter specified and
described is the assessment district to be benefitted by said
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acquisitions and improvements and to be assessed to pay the
cost and expenses thereof; that the- cost and expenses of said
acquisitions and improvements (less any contributions by the
City) shall be made chargeable upon said assessment district;
and that the exterior boundaries of said assessment district
are hereby specified and described to be as shown on that
certain map now on file with the City Clerk of the City
approved by Resolution No. 91 -88 adopted by the City
Council on August 23, 1988, entitled "Proposed Boundaries,
City of Atascadero, of Improvement District No. 5, (Chandler
I
Ranch Area Assessment District) , County of San Luis Obispo,
State of California, " which said map indicates by a boundary
line the exterior boundaries of the territory included in said
assessment district and shall govern for all details as to the
extent of said assessment district.
5. All publicly-owned property and all public
streets, alleys, easements and rights-of-way shall be omitted
from the assessment to be made to pay the cost and expenses of
said improvements.
6. The City Council hereby determines and notice
is hereby given that serial bonds to represent unpaid
assessments, and to bear interest at a rate not to exceed the
maximum rate permitted by law, will be issued hereunder in the
manner provided by Division 10 of the Streets and Highways
Code, the Improvement Bond Act of 1915, commencing with
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i
Section 8500 of the Streets and Highways Code, to represent
the expenses of the proposed work or improvement, and the last
installment of the bonds shall mature a minimum of three (3)
years and a maximum of ten (10) years from the 2nd day of
September next succeeding 12 months from their date. The City
Council hereby further determines and notice is hereby further
given that the principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual
proportion of the aggregate principal of the bonds, and the
amount of principal maturing in each year plus the amount of
interest payable in that year will be an aggregate amount that
is approximately equal each year, which annual aggregate
amounts may vary one from another in amounts not exceeding in
any year more than five per cent (5%) of the total principal
amount of the bonds; except for the moneys falling due on the
first series of the bonds which shall be adjusted to reflect
the amount of interest earned from the date when the bonds
bear interest to the date when the first interest is payable
on the bonds. The City Council hereby further determines and
notice is hereby further given that such bonds may be refunded
upon determination by resolution of the City Council to do so,
provided; there will be a reduction in the interest cost to
maturity by reason of the refunding of such bonds, and that
the 'refunding bonds shall bear interest at a rate not to
exceed the maximum rate permitted by law and shall have a
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maximum number of 'years to maturity not in excess of the term
of such bonds, and any adjustment to assessments resulting
from the issuance of the refunding bonds will be done on a pro
rata basis. The City Council hereby further determines and
notice is hereby further given that it proposes to proceed
under the alternative procedure authorized in Part 11. 1 of
said Improvement Bond Act of 1915 relative to collecting
assessments and advance retirement of the bonds. The City
Council hereby further determines and notice is hereby given
that it proposes to include, as an additional expense of the
proceedings, an amount not in excess of seven per cent (7%)' of
the total amount of assessments as a special reserve fund for
the bonds, as authorized in said Improvement Bond Act of 1915,
and that it proposes to sell the bonds at a discount not in
excess of three per cent (3%) of the principal amount thereof.
7. After completion of said improvements and the
payment of all claims from the improvement fund to be provided
in the proceedings hereafter to be taken pursuant to this
resolution, the City Council shall determine the amount of the
surplus, if any, remaining in said improvement fund by reason
of the assessment (and any supplemental assessment) levied for
said improvements, and any such surplus shall be used as a
credit on the assessment (as provided in Section 10427.1 of
the Streets and Highways Code)
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8. The City Council hereby determines and notice
is hereby given that a maximum annual assessment of
* $150.00
$43389=99` upon each of the several subdivisions of land in
the district is proposed, to pay costs incurred by the City
and not otherwise reimbursed for the administration and
collection of (i) the assessments (ii) the registration of the
bonds or (iii) the reserve fund or other related funds.
9. The City Council hereby determines that, in its
opinion, the public interest will not be served by allowing
the property owners to take the contract for the construction
of said improvements.
10. The City Council hereby refers said proposed
improvements to said Engineer of Work and hereby directs said
Engineer of Work to make and file a report in writing
containing the matters specified in Section 10204 of the
Streets and Highways Code. The grade to which said
improvements shall be done shall be that which is shown on the
plans and profiles therefor (which may vary from the official
grade established for any of the streets) , to which reference
is hereby made.
* Change announced at Council meeting of 9/13/88, see Minutes, p.2.
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08/17/88A
PASSED AND ADOPTED this 23rd day of August, 1988, by
the following vote:
Ayes: Councilmembers Dexter, Lilley, ilackey, Shiers and Mayor Borgeson
Noes: None
Absent: None
Bonita Borgeson,
Mayor of the City of Atascadero,
San Luis Obispo County,
State of California
By: ROLLIN DEXTER, Mayor Pro Tem
(Seal )
ATTEST:
Boyd C. Sharitz
City Clerk of the City of
Atascadero, San Luis Obispo
County, State of California
By:
CINDY Deputy City r
APPROVT? A TO FORM:
R y J GENSEN
c tt rney
APPROVED AS TO CONTENT:
WJ GENSEN
ty tt rney
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EXHIBIT A
Resurfacing of streets, including the removal and
replacement of the existing base and surface course prior to
resurfacing.
Partial grading of shoulders and minor drainage
improvements; minor widening of streets and surveying:
Construction inspection wil be performed throughout.
The work will also include necessary appurtenances,
including, but not limited to, mobilization, clearing and
grubbing, excavation, importation of graded material,
compaction, testing, acquisition of necessary easements and
tapering at driveways.
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