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HomeMy WebLinkAboutResolution 119-92 RESOLUTION NO. 119-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO OF INTENTION TO ACQUIRE IMPROVEMENTS CAMINO REAL IMPROVEMENT PROJECT WHEREAS, the City Council (the "Council")of the City of Atascadero (the "City"), California, has determined to undertake proceedings pursuant to appropriate assessment bond acts for the formation of Camino Real Improvement Project (the "Assessment District"); and WHEREAS, the Council is of the opinion that public interest and convenience require, and it is the intention of this Council to order the acquisition of improvements generally described in Exhibit "A", attached hereto and made a part hereof by reference. NOW, THEREFORE, BE IT RESOLVED as follows: 1. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersection of the public ways referred to are included to the extent that work shall be shown on the plans herein referred to. 2. Said streets and highways are more particularly shown on the records in the office of the City Clerk and are shown upon the plans herein referred to and to be filed with the City Clerk. 3. All of said proposed work and improvements shall be acquired and constructed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the plans, Resolution No. 119-92 Page 2 profiles and specifications. 4. There is to be excepted from the proposed work herein described any of such work already done to line and grade and marked "excepted" or shown "not to be done" on said plans, profiles and specifications. 5. Notice is hereby given of the fact that in many cases said proposed work and improvements will bring the finished work to a grade different from that formerly existing, and that to said extent work will be done to said changed grades. 6. Said Council does hereby adopt and establish, as the official grades for said proposed work, the grades and elevations shown upon said plans, profiles and specifications. All such grades and elevations are in feet and decimals thereof, with reference to the datum plane of the City. 7. The description of the acquisition of improvements and the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the required Engineer's Report, shall be controlling as to the correct and detailed description thereof. 8. Said acquisition of improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon the proposed Assessment District, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof substantially entitled "Proposed Boundary Map of Camino Real Improvement Project", on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in Resolution No. 119-92 Page 3 the proposed Assessment District and shall govern for all details as to the extent of the Assessment District. 9. Said Council declares that all public streets and highways within said proposed Assessment District in use in the performance of a public function as such shall be omitted from the proposed assessment hereafter to be made to cover the costs and expenses of said proposed acquisition of improvements. 10. Notice is hereby given that serial and/or term bonds to represent unpaid assessments, and bear interest at a rate not to exceed the maximum rate provided 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 (the "Act"), and that the applicable provisions of Part 11.1 of the said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. The last installment of such bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date, which is the maximum allowed by law. Said City Council finds and declare that a special reserve fund as provided in Part 16 of said Act will be required, the amount thereof to be fixed and determined upon the sale of the bonds. Said City Council hereby covenants with the holders of said assessment bonds that it will, within one hundred fifty (150) days following the due date of any delinquent installment of assessments securing the bonds to be issued, commence and thereafter diligently prosecute to completion a foreclosure action regarding such delinquent installment of assessment. Resolution No. 119-92 Page 4 11. Except as herein otherwise provided for the issuance of bonds, all of said acquisition of improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913. 12. Said Council further declares that it is the intention of said Council to levy assessments, to maintain, repair or improve the acquisition of improvements pursuant to Section 10100.8 of the California Streets and Highways Code. 13. Said acquisition of improvements is hereby referred to the Assessment Engineer (the "Engineer"), being a competent person employed by said Council for purposes of these proceedings; and said Engineer is hereby directed to file, or cause to be filed, with the City Clerk an Engineer's Report in writing containing all matters required by section 10204 of the California Streets and Highways Code, presenting the following: (a) Detailed plans and specifications of the acquisition of improvements to be made pursuant to this Resolution of Intention; (b) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the improvements, if the works, appliances, or property are to be acquired as part of the improvements; (c) An Engineer's estimate of the costs and expenses of said acquisition of improvements and of the costs of lands, rights-of-way, easements, and incidental expenses in connection therewith, including any cost of registering bonds; (d) A Diagram showing, at the time of the passage of the this Resolution of Intention, all of the following: (i) the exterior boundaries of the Assessment District; (ii) the boundaries of any zones within the Assessment District; and Resolution No. 119-92 Page 5 (iii) the lines and dimensions of each parcel of land within the Assessment District; each subdivision, including each separate condominium interest as defined in Section 783 of the Civil Code, shall be given a separate number upon the diagram. (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisition of improvements upon the several subdivisions of land in said Assessment District in proportion to the estimated benefits received by such subdivisions, respectively, from said acquisition of improvements and of the expenses incidental thereto. When any portion or percentage of the costs and expenses of the proposed acquisition of improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of the acquisitions, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses; and (f) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay costs incurred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the administration or registration of any associated bonds and reserve or other related funds. 14. If any excess shall be realized from the proposed assessment it shall be used, in such amounts as the City Council may determine, in accordance with the provisions of law for one or more of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount Resolution No. 119-92 Page 6 expended from the acquisition fund; (b) As a credit upon the assessment and any supplemental assessment in accordance with the provisions of Section 10427.1 of the Streets and Highways Code; (c) To reimburse the City for any contributions or advances to or for the acquisition fund that were not pledged in this Resolution of Intention; or (d) For the maintenance of the proposed acquisitions or a specified part thereof. 15. Notice is hereby given that the City will not obligate itself to advance available funds from the general fund to cure any deficiency which may occur in the bond redemption fund, provided however, that it shall not preclude itself from so advancing if, in its sole discretion, it so determines. 16. It is further determined pursuant to Streets and Highways Code Section 8571.5, that the proposed bonds may be refunded in the manner provided by Division 10, 11 and 11.5 of the Streets and Highways Code, if the said City Council determines that it is within the public interest or necessity to do so. The interest rate of such proposed bonds shall not exceed the maximum rate provided by law, and the last installment of such proposed bonds shall mature not to exceed thirty-nine (39) years from the second day of September next succeeding twelve (12) months from their date, 17. It is hereby determined that, in the opinion of this City Council, the areas contained within said proposed Assessment District are the properties which will be benefited by the proposed acquisitions and the issuance of proposed bonds, and that the public interest and convenience require, and that it is the intention of this City Council that a maximum annual assessment of up to two percent (291o) of the annual installment of Resolution No. 119-92 Page 7 principal and interest on the proposed bonds issued may be added to each annual installment of the unpaid assessments to pay costs incurred by the City and not otherwise reimbursed,which result from registration, administration, collection and payment of bonds actually issued, or from the registration or administration of any associated bonds and reserve or other related funds. 18. Notice is further given that it is the intention of this Council to take appropriate proceedings, if necessary, to enter into contract(s) pursuant to Sections 10109, 10110 and 10111 of the Streets and Highways Code pertaining to the ownership, operation and/or maintenance of facilities, if any, that may be constructed or acquired by the City but subsequently conveyed to others. PASSED, APPROVED AND ADOPTED this 10th day of November , 1992, by the following vote: AYES: Councilmembers Bewley, Borgeson, Kudlac, Luna and Mayor Niramo NOES: None ABSENT. None ABSTAIN: None MAYOR ATTEST. IT C ,:. Resolution No. 119-92 EXHIBIT "All DESCRIPTION OF WORK CAMINO REAL IMPROVEMENT PROJECT The construction and installation of improvements to serve Camino Real Improvement Project, are as follows: The project consists of construction of street improvements for the extension of Camino Real, including grading, subgrade preparation, base rock, paving, concrete curbs, gutters, and sidewalks, sanitary sewer, water main and services, fire hydrant, street lighting, landscaping, parking facilities, storm drainage, electrical and telephone utility extensions, and appurtenances.