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HomeMy WebLinkAboutResolution 130-92 RESOLUTION NO. 130-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPOINTING BOND COUNSEL AND ASSESSMENT ENGINEER CITY OF ATASCADERO STREET IMPROVEMENT` PROJECT NO. 1992 RESOLVED, by the City Council (the "Council") of the City of Atascadero (the "City") , California, that WHEREAS, this Council has determined to undertake proceedings pursuant to appropriate special assessment and assessment bond laws for the acquisition and construction of public improvements in said City; and WHEREAS, the public interest and general welfare will be served by appointing and employing Bond Counsel and Assessment Engineer for the preparation and conduct of said proceedings and work in connection with said improvements. NOW, THEREFORE, IT IS ORDERED as follows: 1. That Tartaglia-Hughes Consulting Engineers, Atascadero, California, be, and they are hereby appointed as Assessment Engineer and employed to do and perform all engineering work necessary in and for said proceedings, and that their compensation shall be set forth in a contract and scope of work agreement to be submitted to and approved by the CityCouncil and such compensation agreed upon shall be set forth in the Engineer's- Report to be approved by said Council. 2. That. the law firm of Haight &- Haight, Attorneys at Law, Scotts Valley, -California, be, and they are hereby appointed and 1. employed as Municipal Bond Counsel to do and perform all legal services required in the conduct of said proceedings, and that their responsibilities and compensation be, and are hereby established pursuant to that certain Fee Agreement for City of Atascadero Street. Improvement Project No. 1992, dated November 18, 1992, attached hereto as Exhibit "A" and incorporated herein by reference. The City Manager is hereby authorized to execute said agreement on behalf of the City. I, the undersigned City Clerk, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Atascadero, California, at a regular meeting thereof held on the 8th day of December , 1992, by the following vote of the members thereof, a majority being present: AYES: COUNCILMEMBERS Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None ti APPROVED: Mayor ATTES : City lerk 2: RESOLUTION NO. 130-92 IWGHT & HMGHT EXHIBIT "A" ATTORNEYS AT LAW Page 1 Municipal Bond Counsel Robert M.Haight EXHIBIT $'All Raymond M.Haight Robert M.Haight,Jr. November 18, 1992 Cameron A.Weist Honorable Mayor and City Council City of Atascadero 6500 Palma Avenue Atascadero, California 93422 Re: Fee Agreement for City of Atascadero- St=eet Improvement Project No. 1992 Dear Honorable Mayor and City Council: The within represents our form of agreement to conduct certain assessment district proceedings that are presently being contemplated by your Council. For the above-referenced special assessment- and assessment bond proceedings, we agree to represent and serve you as herein provided: 1. Consult with you and your staff in order to provide a coordinated financial, engineering and legal program for the project. 2. Attend all meetings of the City Council or other bodies relating to the proceedings including, at your request, all informal property owner meetings to explain a proposed project and such other meetings of the. City Council when called upon by you. 3 Confer with your consulting engineers and review any engineering contract for a particular project for legal sufficiency. 4. Prepare all petitions, certificates, resolutions, orders, notices and affidavits necessary in the conduct of said proceedings and such other reports, documents and correspondence of a- legal nature as may be necessary. A-L 5522 Scm Valley Drive Sc:=Valley,California 95o66 ON 438-G610•Fax(408)438-13617 RESOLUTION NO. 130-92 EXHIBIT "A" Page 2 • Honorable Mayor and City Council City of Atascadero November 18, 1992 Page -2- 5. Examine for legal sufficiency the Engineer's Report to be filed in the proceeding including plans, specifications, if any, estimate of costs, boundary maps, diagrams, assessments and rights-of-way. 6. In consultation with your engineer, examine the construction plans to determine that the proposed improvements will be constructed in public streets, roads, alleys or easements, and if not, determine which properties or easements need be acquired by the City. 7. In consultation with your engineer and staff, determine whether the lands to be taxed for the proposed improvements are private or public. 8. During the course of any project advise your engineer or staff by telephone, correspondence or conference as to legal questions involving the City and relating to said proceedings. 9. Prepare the forms of notice of improvements, notice to property owners, notice of assessment, notice to pay assessments, notice of sale of bonds, notice of acceptance of completion, and such other notices as may be necessary, together with supervision and direction in the time and manner of mailing, publication and/or recording thereof. 10. Advise and consult with the City, its staff and engineers. regarding negotiations for the acquisition by the City of necessary lands or easements 11. Advise and consult with the City, its staff and engineers in negotiations with the- contractor before, during or after a particular project. For those services as set forth-above in Section 1 through 12, inclusive, our fees shall be based on two percent (2%) of the total assessmentlevied. A-Z RESOLUTION NO. 130-92 EXHIBIT "A" Page 3 • oro able Mayor and City Council Y of Atascadero ember 18, 1992 Page -3- our two percent (2%) fee shall be paid only if bonds are issued for the above-referenced project and not otherwise. The two percent (2%) fee shall be paid exclusively out of cash collections of assessments and/or proceeds of bonds issued. If proceedings are terminated for any reason by your Council at any time prior to said confirmation and levy, then our two percent (2%•) fee shall not be due or payable. The following services are not included, in our percentage fee and shall be payable only if said assessments are confirmed and levied: (a) Services of a clerical nature such as mailing notice to property owners and notice to pay assessments; (b) Preparation of bond registers and Auditor's Records; (c) Preparation of options, holding agreements, deeds, contracts, escrow instructions and the like, directly related to the acquisition by the City of necessary lands or easements; (d) Services in representing the City in litigation concerning the legality of any project or proceeding, or any validating and/or lien foreclosure proceedings or actions. ' (e) Services performed by us with relation to subventions or negotiations with and applications to Federal, State or City agencies or commissions for the purpose of obtaining consent, agreement, permission or the like, of a project, or acquisition by the City of works or facilities under the jurisdiction of such Federal, State or City agency. (f) All out:-of-pocket expenses, such as telephone, telefax, postage, , Federal Express, transportation, dodging and meals (if overnight stay required) and similar typical expenses. A_3 RESOLUTION NO. 130-92 EXHIBIT "A" Page 4 norable Mayor and City Council ty of Atascadero vember 18, 1992 Page -4- For any such excluded services referred to above in (a) through (e) inclusive, which services are delegated by the City to us for performance, we shall be paid a reasonable fee on an hourly basis or a lump sum, as agreed upon by the parties at the time of delegation. Accurate and complete time records will be made available to the City, if requested, substantiating the charges made for said excluded services, as well as out-of-pocket. expenses. All services provided and out-of-pocket expenses referenced in (a) through (f) above, shall be paid exclusively out of cash collections of assessments and/or proceeds of bonds issued. Very truly yours, HAIGHT & HAIGHT J ROBERT M. HAIGHT The foregoing agreement was accepted by the City Council of the City of Atascadero at a meeting thereof held on the 8th day of December , 1992. City Manager A-4: RESOLUTION NO. 131-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO OF INTENTION TO ACQUIRE AND/OR CONSTRUCT IMPROVEMENTS CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 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 the City of Atascadero Street Improvement Project No. 1992 (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 and construction 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. All of said 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 pians, profiles and specifications. _ 1 Resolution No. 131-92 3. There is to be excepted from the 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. 4. Notice is hereby given of the fact that in many cases said work and improvements will bring the finished work to a grade different from that formerly existing, and to that extent work will be done to said changed grades, 5. 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 upon completion of the same. All such grades and elevations shall be in feet and decimals thereof, with reference to the datum plane of the City. 6. The description of the acquisitions and 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, to be contained in the Engineer's Report (as herein described) , shall be controlling as to the correct and detailed description thereof. 7. Said acquisitions and 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 Assessment District are the composite and consolidated area as more particularly shown on a map substantially labeled "Proposed 2 Resolution No. 131-92 Boundary Map of City of Atascadero Street Improvement Project No. 1992, County of San Luis Obispo, State of California, " prepared by the Assessment Engineer and 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 the proposed Assessment District and shall govern for all details as to the extent of the Assessment District. 8. Said Council further declares that all. public streets and highways within said Assessment District in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 9. Notice is hereby given that serial and/or term bonds to represent unpaid assessments, and to bear interest at a rate not to exceed the maximum rate provided by law shall be issued pursuant to Division 10 of the California 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, may apply. The last installment of such bonds shall mature not to exceed twenty-five (25) years from the second day of September next succeeding twelve (12) months from their date. 10. Said Council finds and declares that a special reserve fund as provided in Part 16 of said Act shall be required, the amount thereof to be fixed and determined upon the sale of the bonds. 3 Resolution No. 131-92 11. Said Council hereby covenants with the holders of said assessment bonds to be issued herein 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. 12. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall ,be done pursuant to the provisions of the Municipal Improvement Act of 1913, being Division 12 of the California Streets and Highways Code 13. Said Council further declares that it is the intention of said Council to levy assessments to maintain, repair, or improve the acquisitions and improvements pursuant to Section 10100.8 of the California Streets and Highways Code. 14. It is further determined that the Council declares its intention to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Part 7.5 of Division 4 of the California Streets and Highways Code. 15. Said acquisitions and improvements are hereby referred to the Assessment Engineer, being a competent person employed by said Council. for that purpose and said Engineer is hereby directed to make and file, or cause to be made and- filed, with. the Clerk a report in writing (the "Report") , presenting the following: 4 Resolution No. 131-92 (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the proposed improvements to be constructed and installed. The plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the improvements; (c) A general description of works or- appliances already installed and any other property necessary or convenient for the operation of the improvements, if the work, appliance, or property is to be acquired as part of the improvements; (d) An estimate of the cost of the improvements and of the cost of lands, rights-of-way, easements, and incidental expenses in connection with the improvements, including any costs of registering bonds; (e) A diagram showing, as they existed at the time of adoption of this Resolution, the exterior boundaries of the Assessment District and 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 California Civil Code, shall be given a separate number upon the diagram. The diagram may refer to the County Assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels; 5 Resolution No. 131-92 (f) A proposed assessment of the total amount of the cost and expenses of the proposed improvements upon each subdivision of. real property in the Assessment District in proportion to the estimated benefits to' be received by those subdivisions, respectively, from the improvements. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to paragraph (f) above; (g) 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; (h) The total amount, as near as may be determined, of the total ,principal sum of all unpaid special assessments and special assessments required or proposed to be levied under any completed or pending assessment proceedings, other than that contemplated in the instant proceedings, which would require an investigation and report under Division 4 of the California Streets and Highways Code against the total area proposed to be assessed; and (i) The total true value, as near as may be determined, of the parcels of land and improvements within the Assessment District which are proposed to be assessed, all in accordance with the provisions set forth or referenced in Section 2961(b) (2) of the California Streets and Highways Code. 6 Resolution No. 131-92 16. When any portion or percentage of the costs and expenses of the acquisitions and 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 improvements, and the assessment upon property proposed in the report shall include only the remainder of the estimated costs and expenses. 17. If any excess shall be realized from the assessment it shall be used, in such amounts as the 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 5k of the total amount expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment in accordance with the provisions of Section 10427.1 of the California Streets and Highways Code; (c) To reimburse the City for any contributions or advances to or for the Assessment District that were not pledged in this Resolution of Intention; or (d) For the maintenance of the improvements or a specified part thereof. 18. Notice is further given that the City will not obligate itself to advance available funds from City Treasury to cure any deficiency which may occur in the bond redemption fund, provided, 7 Resolution No. 131-92 however, that it shall not preclude itself from so advancing such funds if, in its sole discretion, it so determines. 19. It is further determined pursuant to California Streets and Highways Code Section 8571.5, that the bonds may be refunded in the manner provided by Divisions 10, 11 and 11.5 of the California Streets and Highways Code if the said Council determines that it is within the public interest or necessity to do so. The interest rate of such bonds shall not exceed the maximum rate provided by law, and 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; and any adjustment to assessments resulting from the refunding will be done on a pro rata basis. 20. NOTICE IS HEREBY GIVEN that, in the opinion of this Council, the areas contained within said proposed Assessment District are the properties which will be benefited by the improvements and the issuance of bonds, and that the public interest and convenience require, and that it is the intention of this Council that a maximum annual assessment of not to exceed two percent (2%) of the annual installment of principal and interest on the bonds issued will be added to each annual installment of the unpaid assessments to pay costs incurred by the City and not otherwise reimbursed, which result from the registration or administration of the bonds issued, the collection or payment of the amounts due on the bonds issued, or from the registration or 8 Resolution No. 131-92 administration of any associated bonds and reserve or other related funds. 21. Notice is further given that it is the intention of this Council, if applicable, to take appropriate proceedings and enter into acquisition agreements with the Owners/Developers of the real property subject to this Assessment District, and if necessary enter into contracts pursuant to Sections 10109, 10110 and 10111 of the California Streets and Highways Code with appropriate public agencies and, if required, appropriate public utilities. Said acquisition agreements shall provide for the acquisition of and payment for the public improvements installed by the Owners/Developers in accordance with schedules and upon terms and conditions more particularly set forth therein. 22. Pursuant to Section 20487 of the California Public Contract Code, in the opinion of the City Council, the public interest will not be served by allowing owners of property in the Assessment District to take a contract for the performance of any of the work of improvement herein referenced. 9 Resolution No. 131-92 I, the undersigned City Clerk, do hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Atascadero, California, at a regular meeting thereof held on the 8th day of December , 1992, by the following vote of the members thereof, a majority being present: AYES: COUNCILMEMBERS: Bewley, Borgeson, Kudlac, Luna and Mayor Nimmo NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None ABSTAIN: COUNCILMEMBERS: None R APPROVED: Mayor ATTEST: City Clerk ifl RESOLUTION NO. 131-92 EXHIBIT "A" Page 1 EXHIBIT nAn DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. 1 (3-F Meadows) The following is a general description of work and improvements within the proposed City of Atascadero Street Improvement Project No. 1992. A. The placement of asphalt concrete paving and paving fabric. B. Roadway excavation, placement of roadway:embankments and shoulder grading. C. Placement of asphalt concrete dikes. D. Installation of storm drainage inlets, pipelines and appurtenances. E. Installation of survey monuments and adjustment of water valves. F. Clearing, grubbing, traffic control and mobilization. G. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above. RESOLUTION NO. 131-92 EXHIBIT "A" Page 2 DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. Z (Tecorida) The following is a general description of work and improvements within the proposed City of Atascadero Street Improvement Project No. 1992. A. Placement of roadway embankment and roadway excavation. B. Placement of aggregate base- and asphalt concrete paving. C. Installation of storm drainage lines and appurtenances. D. Adjustment of water valves, manholes and fire hydrants to grade. E. Construction of drive approaches and transitions. F. Installation of street signs and survey monuments. G. Clearing, grubbing, traffic control and mobilization. H. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above. RESOLUTION NO. 131-92 EXHIBIT "A" Page 3 DESCRIPTION OF WORK CITY OF ATASCADERO STREET IMPROVEMENT PROJECT NO. 1992 AREA NO. 3 (Las Encinas) The following is a general description of work and improvements within the proposed City of Atascadero Street Improvement Project No. 1992. A. Placement of asphalt concrete paving and paving fabric: B. Grading of existing roadway shoulders and roadway excavation. C. Adjustment of water valves and installation of survey monuments. D. Clearing, grubbing, traffic control and mobilization. E. The acquisition of all land and easements and all of the work and expenses auxiliary to any of the above.