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HomeMy WebLinkAboutResolution 070-86 R-4 CITY OF ATASCADERO IMPROVEMENT DISTRICT NO 4 (SEPARADO-CAYUCAS ASSESSMENT DISTRICT) RESOLUTION NO 70-86 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 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 **MW 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 4 (Separado-Cayucas Assessment District) " ; and WHEREAS, the City Council, by resolution duly adopted, appointed the firm of John L Wallace & Associates, 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 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 the supervision of the work, 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 4 (Separado-Cayucas 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 It is the further intention of this City Council to enter into an agreement with the Atascadero Sanitation District (the "District" ) pursuant to which title to certain improvements which are now owned, managed, 2 controlled or operated by the District will be transferred to *4W the City of Atascadero 4 It is the intention of this City Council to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 by proceeding under Division 4, Part 7 5 of the Streets and Highways Code 5 The City Council hereby declares that the territory within the boundaries hereinafter specified and described is the assessment district to be benefitted by said 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 in the office of the City Clerk of the City approved by Resolution No 69-86 adopted by the City Council on July 14, 1986, entitled "Proposed Boundaries, City of Atascadero, of Improvement District No 4, (Separado-Cayucas 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 3 6 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 7 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, and the last installment of the bonds shall mature a minimum of fifteen (15) years and a maximum of twenty (20) 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 -400 4 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 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 an amount not in excess of two and one-half per cent (2-1/2%) of the total amount of assessments as an allowance for interest on the bonds, as authorized in said Municipal Improvement Act of 1913, and that it proposes to sell the bonds at a discount not in excess of three and one-half per cent (3 1/2%) of the principal amount thereof 5 8 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) 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 Iwo 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 11 The City Council hereby reserves the right to make a contribution from the general fund of the City toward the proposed improvements, which contribution shall be reflected in said Engineer' s report 6 PASSED AND ADOPTED this 14th day of July, 1986, by the following vote (On Motion by Councilman Handshy, seconded by Councilwoman Borgeson) AYES COUNCILMEMBERS BORGESON, HANDSITY, MOLINA AND MAYOR MACKEY NOES NONE ABSENT COUNCILWOMAN NORRIS , ` I ATTEST r � BOYD C SHARITZ, City Clerk MARJOR E R MACKEY, Mayor i APPROVED AS TO FORM APPROVED AS TO CONTENT ,1 ROBERT M , City Attorney ROBERT M JONES, City Attorney �rrr err wry'' EXHIBIT A GENERAL DESCRIPTION OF WORK The work shall generally include the installation of• a sewage pump station near the intersection of Buena Avenue and Traffic Way; a force main along Traffic Way from near the intersection of Buena Avenue and Traffic Way to existing manhole T13, located approximately 1000 feet southeast along Traffic Way; a sewer main along Traffic Way from the intersection of Traffic Way and San Jacinto to the proposed pump station near the intersection of Buena Avenue and Traffic Way; a sewer main along San Jacinto from near the intersection of Dolores Avenue and San Jacinto to Traffic Way; a sewer main along Mananita Avenue from Dolores Avenue to Estrada Avenue; a sewer main along Yerba Avenue from Estrada Avenue to Dolores Avenue, a sewer main along Dolores Avenue from Yerba Avenue to Mananita Avenue; a sewer main from Yerba Avenue to Mananita Avenue along a proposed easement to be located between Mananita Avenue and Yerba Avenue; sewer mains along proposed easements located between Mananita Avenue and Yerba Avenue, along proposed easements located between San Jacinto Avenue and Mananita Avenue, and along proposed easements between Arizona Avenue and Estrada Avenue; a sewer main along Arizona Avenue from Estrada Avenue to San Jacinto; a sewer main along Estrada Avenue from near the intersection of Estrada Avenue and Arizona Avenue to San Jacinto; a sewage pump station near the intersection of Arizona Avenue and Estrada Avenue, a sewer force main along Estrada Avenue from the proposed pump station near the intersection of Arizona Avenue and Estrada Avenue to a proposed manhole located approximately 600 feet south along Estrada Avenue. also The work shall,. generally include the installation of a sewer main along Rosita Avenue from San Anselmo Avenue to Nogales Avenue; sewer mains along proposed easements located between Rosita Avenue and Lobos Avenue; a sewer main along Lobos Avenue from San Anselmo Avenue to Nogales Avenue; a sewer main along Hermosilla Avenue from near the intersection of Lobos Avenue and Hermosilla Avenue southwest to the end of the existing sewer in Hermosilla Avenue, a sewer main from near the intersection of Cayucos Avenue and Lobos Avenue southwest along Cayucos Avenue to the end of the existing sewer in Cayucos Avenue; a sewer main extending from the existing sewer located at the intersection of Lobos Avenue and Nogales Avenue along Lobos Avenue to Encima Avenue and to the end of Encima Avenue; a sewer main along San Anselmo Avenue from E1 Camino Real to Rosita Avenue a sewer main along Cayucos Avenue extending from San Anselmo Avenue approximately 160 feet east of San Anselmo Avenue; and a sewer main in an existing easement located between Lobos Avenue and Cayucos Avenue. 1 EXHIBIT A - CONTINUED The work listed above shall include all of the necessary appurtenances including but not limited to• the installation of manholes, cleanouts, minor sewer extensions and sewer services; the necessary mobilization, clearing and grubbing, excavation, shoring, dewatering, importation of graded material, compaction, testing, roadway surfacing and marking, and completing the necessary ties to existing or new facilities; the acquisition of easements and necessary interests in real property, demolition or removal of existing improvements, clearing and grubbing, the replacement of existing improvements following construction (including but not limited to revegetation, fencing, retaining walls, driveways, sidewalks, mailboxes and landscaping) , the installation of new drainage facilities to replace facilities removed during construction and the relocation or replacement of utilities damaged or displaced during construction the installation of pump station appurtenances, wet wells, pumps, piping, electrical services control panels, valves and fixtures, and water services. 2