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
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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;
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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
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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.
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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.
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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
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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
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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
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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.
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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.
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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
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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
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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)
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