Loading...
HomeMy WebLinkAboutResolution 094-88 3• R-5 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) RESOLUTION NO. 94-88 RESOLUTION APPROVING ENGINEER' S REPORT ON PROPOSED IMPROVEMENTS, APPOINTING TIME AND PLACE FOR HEARING PROTESTS TO SAID IMPROVE- MENTS AND CALLING FOR CONSTRUCTION BIDS 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 issue bonds in said proceedings under the provisions of the Improvement Bond Act of 1915 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 andmadea 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 7700d 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 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 City Council, by Resolution of Intention No. 92-88 duly adopted on August 23, 1988 declared its intention to order said improvements to be made in and for said assessment district; and WHEREAS, the City Council in and by said Resolution of Intention referred said proposed improvements to the Engineer of Work in and for said assessment district and directed 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; and WHEREAS, in accordance with said Resolution of Intention, said Engineer of Work has filed with the City Clerk of the City a report in writing containing the matters specified in said Section 10204 of the Streets and Highways Code; and WHEREAS, Said report has been duly presented by the City Clerk of the City to the City Council for consideration and has been fully considered by the City Council; 2 7700d-041003-000002-198 08/31/88 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero, as follows: I. The foregoing recitals are true and correct and the City Council so finds and determines. 2. Said report is hereby preliminarily approved by the City Council, and 7:30 P.M. on Tuesday, October 25, 1988, at the Chambers of the City Council, City Hall, 6500 Palma Avenue, Atascadero, California 93423, is hereby fixed by the City Council as the time and place for hearing protests to said proposed improvements. Any interested person may object to said proposed improvements, the extent of the assessment district or to the proposed assessment by filing a written protest with the City Clerk of the City at or before the time set for said hearing. Each protest must contain a description of the property in which the signer thereof is interested sufficient to identify the same and, if the signers are not shown on the last equalized assessment roll as the owners of such property, must contain or be accompanied by written evidence that such signers are the owners of such property. The City Clerk of the City shall endorse on each protest the date of its receipt and at said time appointed for said hearing shall present to the City Council all protests filed with her. 3 . The City Clerk of the City is hereby directed (a) to cause notices of said hearing to be posted in the time, form and manner provided by law, and (b) to cause a notice of 3 7700d-041003-000002-198 08/31/88 said hearing to be published in The Atascadero News in the time, form and manner provided by law, and (c) to give notice by mail of the adoption of said Resolution of Intention for said proposed improvements and of the filing of said report to all persons owning real property proposed to be assessed in the time, form and manner provided by law. Upon the completion of the mailing of said notices, the City Clerk of the City is hereby directed to file with the City Council an affidavit setting forth the time and manner of the compliance with the requirements of law for publishing, posting and mailing said notices. 4. Mr. Sensibaugh, City Engineer, City of Atascadero, 6500 Palma Avenue, Atascadero, California 93423, telephone (805) 466-8000, is hereby designated to answer inquiries regarding the protest proceedings. 5. The City Clerk is hereby directed to cause notices to bidders inviting sealed proposals or bids for the making of said improvements, in substantially the form attached hereto, marked "Exhibit A" and made a part hereof, to be posted in three (3) public places in the City for two (2 ) succeeding weeks and to be published once a week for two (2 ) succeeding weeks in The Atascadero News. 6. Sealed bids for making said improvements shall be received at the times and places and in the manner specified in the notice. 4 7700d-041003-000002-198 08/31/88 , 7. The City Council hereby declares that it intends to collect liquidated damages in the amount of $300 per day for failure to complete the work as scheduled, as will be provided in the contract specifications. 5 7700d-041003-000002-198 08/31/88 PASSED AND ADOPTED this 13th day of September, 1988, by the following vote: Ayes: Councilmembers DEXTER, MACKEY, SHIERS AND MAYOR BORGESON Noes: NONE Absent: COUNCILMAN LILLEY Bo-nita-r-�rgesZn, Mayor of the City of Atascadero, San Luis Obispo County, State of California [ Salt ATTEST: Boyd C. Shari City Clerk of the City of Atascadero, San Luis Obispo County, State of California APPROVED AS TO FORM: FFR Y J GENSEN C' y �/tey APPROVED AS TO CONTENT: FRG//J0, ENSEN-- CiAty 7 okAey _6 77OOd-041003-000002-198 08/31/88 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. A-1 7700d-041003-000002-198 08/31/88 CLERK' S CERTIFICATE I, BOYD C. SHARITZ, City Clerk of the City of Atascadero, do hereby certify as follows: The foregoing resolution is a full, true and correct copy of a resolution duly adopted at a regular meeting of the City Council of said City, duly and regularly held at the regular meeting place thereof on the 13th day of September, 1988, of which meeting all of the members of said City Council had due notice and at which a majority thereof were present; and that at said meeting said resolution was adopted by the following vote: AYES: COUNCILMEMBERS DEXTER, MACKEY,_SHIERS AND MAYOR BORGESON NOES: NONE ABSENT: COUNCILMAN LILLEY An agenda of said meeting was posted at least 72 hours before said meeting at 6500 Palma Avenue, Atascadero, California 93423, a location freely accessible to members of the public, and a brief description of said resolution appeared on said agenda. I have carefully compared the foregoing with the original minutes of said meeting on file and of record in my office, and the foregoing is a full, true and correct copy of the original resolution adopted at said meeting and entered in said minutes. 1 Said resolution has not been amended, modified or rescinded since the date of its adoption and the same is now in full force and effect. Dated: September �' 1988. c- City ClArk 6--f-the City ofdl'-L5�dero [SEAL V 2 7700d-041003-000002-198 08/31/88 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO. 5 (CHANDLER RANCH AREA ASSESSMENT DISTRICT) SUMMARY OF DEADLINES FOR NOTICES AND FILINGS Dates 1. City Council of Atascadero Meeting Resolutions 1+2 adopted July 26, 1988 2. City Council of Atascadero Meeting August 23, 1988 Resolutions 3 and 4 adopted 3. City Council of Atascadero Meeting September 13, 1988 Resolution 5 adopted 4. File copy of Boundary Map of *September 28, 1988 Assessment District with the San Luis Obispo County Recorder [per S&H § 3111] (within 15 days after Resolution [R-5] is adopted) 5. City Clerk executes Affidavit of *September 29, 1988 Filing Boundary Map [A-2] 6. Notices of Invitation to Bidders *September 14, 1988 published [per P.C. § 20482] September 21, 1988 (twice in successive weeks per Gov't § 6066; the bids may not be opened before 14 days after the first publication) 7. Request newspaper to mail tear September 14, 1988 sheets for each publication of September 21, 1988 (A) Notice of Invitation to Bid and (B) Notice of Improvement & Hearing to Bond Counsel 8. Publishing Notice of Improvement September 14, 1988 & Hearing [N-1,2] [per S&H § 103041 September 21, 1988 (twice in successive weeks per Gov't § 6066) 9. Request newspaper, to mail Proof September 21, 1988 of Publication of (A) Notice of Invitation to Bidders and (B) Notice of Improvement & Hearing (3 certified copies, 2 for City Clerk, 1 for Bond Counsel) *These represent the latest possible date for completion, not the earliest. Dates 10. Contract Bids Opened October 14, 1988 11. Mailing Notice to Property *October 5, 1988 Owners of Adoption of Resolution of Intention [N-2] [per S&H § 103061 (20 days before the hearing, 10/25/88) 12. Posting Notices of Improvement *October 5, 1988 & Hearing [N-1] [per S&H § 10304] (at least 20 days before the date of the hearing, 10/25/88) 13. Engineer executes 2 copies of *October 6, 1988 Affidavit of Posting [A-5] (1 to City Clerk, 1 to Bond Counsel) 14. City Clerk executes Affidavit of *October 6 1988 Compliance with Requirements for Publishing, Posting & Mailing _ Notice of Hearing and Affidavit of Posting Notices Inviting Sealed Proposals [A-3, 4] [per S&H § 10308] ; 15. City Council of Atascadero Holds October 25, 1988 Public Hearing, 7:30 p.m. and adopts resolution levying assessment [R-6] [per S&H §§ 10301, 10312, 10600, 10603] and adopts resolution awarding construction contract [R-7] ; 16. City Clerk Records Assessment *October 26, 1988 and Diagram with the Superintendent of Streets [per S&H § 10401] 17. Copy of Assessment Diagram *October 26, 1988 filed with San Luis Obispo County Recorder [per S&H §§ 3114(a) , (c)] , City Clerk executes Affidavit of Filing and Recording Assessment Diagram ,[A-6] 18. Notice of Assessment [N-4] *October 26, 1988 recorded with San Luis Obispo County Recorder [per S&H §10402.5] - *These represent the latest possible date for completion, not the earliest. 2 7608d-041003-000002-198 08/31/88 Dates 19. Mailing Notice to Property October 26-28, 1988 Owners of Recording of Assessment [N-5] [per S&H §§ 10404, 5070] 20. Request newspaper to send October 28, 1988 tear sheet for each November 4, 1988 publication of Notice of Recording of Assessment to Property owners to Bond Counsel 21. Publication of Notice of October 28, 1988 Recording of Assessment to November 4, 1988 Property Owners [N-5] (published twice, in successive weeks) [per S&H § 10404] 22. Request Newspaper to mail October 28, 1988 tear sheets of publication of Notice of Award of Contract to Bond Counsel 23. Publication of Notice Award *October 28, 1988 of Contracts once [N-6] [per Pub. Cont. Code § 20484] 24. Request Newspaper to mail *October 28, 1988 Proof of Publication of Notice of Award of Contract (2 certified copies, 1 to City Clerk, 1 to Bond Counsel) 25. City Clerk to execute *October 28, 1988 Affidavit of Mailing Notice to Property Owners of Recording Assessment [A-6] 26. Request newspaper to mail Proof *November 4, 1988 of Publication of the Notice of Recording of Assessment to Property Owners (3 certified copies, 2 for Clerk, 1 for Bond Counsel) *These represent the latest possible date for completion, not the earliest. 3 7608d-041003-000002-198 08/31/88 s Dates 27. Underwriter distributes draft October 26 —November 11, 1988 Private Placement Memo and Bond Purchase Contract to City and Bond Counsel 28. Comments on draft Private November 11-18, 1988 Placement Memo and Bond Purchase Contract telephoned to Underwriter 29. Statutory Period for paying November 28, 1988 or attacking assessment ends [per S&H §§ 10400, 10402.5, 10403] (30 days after Assessment, Diagram and Notice of Assessment filed and recorded) 30. List of Paid and Unpaid November 28 - December 2, 1988 Assessments compiled [per S&H § 8620] & information telephoned to Underwriter 31. Resolution Approving December 13, 1988 Amount of Bonds to be issued adopted; Approving Bond Purchase Contract and Authorizing Private Placement Memo [R-8] 32. Underwriter delivers December 13, 1988 Private Placement Memo 33. Bond Closing December 21, 1988 34. Construction Begins January, 1989 35. Construction Completed May, 1989 4 7608d-041003-000002-198 08/31/88 Resolutions R-1_ = Resolution Determining to Undertake Proceedings and Accepting Petition R-2 = Resolution Appointing Engineer of Work, Underwriter and Bond Counsel R-3 = Resolution Approving Boundary Map R-4 = Resolution of Intention R-5 = Resolution Preliminarily Approving Engineer' s Report, Appointing Time and Place for Hearing Protests and Calling for Construction Bids R-6; = Resolution Confirming Assessment and Ordering Proposed Improvements to be Made, Providing For Notice of Recording Assessment, Designating City Treasurer to Collect and Receive Money R-7 = ResolutionAwarding Construction Contract R-8 = Resolution Approving Unpaid Assessment List, Authorizing Issuance of Bonds, Approving Official Statement and Approving Bond Purchase Contract Notices N-1 = Notice of Improvement (same form for posting & publishing N-2 = Notice to Property Owners of Adoption of Resolution of Intention, Filing Engineer' s Report and. Notice of Time and Place of Hearing Protests (form to be mailed) N-3 = Notice of Assessment (form to be recorded) N-4 = Notice to Property Owners of Recording of Assessment (form to be mailed to property owners) N-5 = Notice of Assessment (form to be published) N-6 = Notice of Award of Contract 7608d Affidavits A-1 = Affidavit Re: Petition (Engineer) A-2 = Affidavit of Filing Boundary Map (City Clerk) A-3 = Affidavit of Compliance with the Requirements of Law for Publishing, Posting & Mailing Notices of Hearing Protests (City Clerk) A-4 = Affidavit of Posting Notices Inviting Sealed Proposals (City Clerk) A-5 = Affidavit of Posting Notice of Improvement (Engineer) A-6 = Affidavit of Filing & Recording Assessment Diagram (City Clerk) A-7 = Affidavit of Mailing Notice of Recording Assessment (City Clerk) 2 7608d-041003-000002-198 08/31/88