HomeMy WebLinkAboutResolution 116-86 R-6
CITY OF ATASCADERO
IMPROVEMENT DISTRICT NO 4
(SEPARADO-CAYUCAS ASSESSMENT DISTRICT)
RESOLUTION NO 116-86
RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO
CONFIRMING ASSESSMENT AND ORDERING PROPOSED IMPROVEMENTS
TO BE MADE; PROVIDING FOR NOTICE OF RECORDING OF
ASSESSMENT, AND DESIGNATING THE CITY TREASURER TO
COLLECT AND RECEIVE MONEY
WHEREAS, the Council of the City of Atascadero (the
"City" ) , by Resolution of Intention No 70-86 heretofore duly
adopted on July 14, 1986, declared its intention to order the
public improvements more particularly described in and for an
assessment district in Exhibit A, attached hereto and
incorporated herein and made a part hereof, designated "City
of Atascadero Improvement District No 4 (Separado-Cayucas
Assessment District)" , and
WHEREAS, this Council in and by said resolution
referred said proposed improvements to the firm of John L
Wallace & Associates as Engineer of Work, and directed said
1
Engineer of Work to make and file with the City Clerk of the
City a report in writing containing the matters specified in
Section 2961(b) and Section 10204 of the California Streets
and Highways Code, which said report was thereafter filed
with the City Clerk of the City on September 8, 1986, and was
preliminarily approved by this Council on September 8, 1986,
and this Council fixed 8 00 o' clock p m on Monday,
October 27, 1986, at the Council Chambers, City Hall, 6500
Palma Avenue, Atascadero, California 93423, as the time and
place for hearing of protests to said proposed improvements,
and provided for notice of said hearing, and
WHEREAS, the City Clerk of the City has filed with
this Council an affidavit setting forth the time and manner
of the compliance with the requirements of law for
publishing, posting and mailing notices of the adoption of
said Resolution of Intention and of the filing of said report
and of the time and place for hearing protests to said
proposed improvements, or to the extent of the assessment
district or to the proposed assessment, and this Council
hereby finds that notice of the adoption of said Resolution
of Intention and of the filing of said report and of the time
and place for hearing protests to said proposed improvements
has been published, posted and mailed in the time, form and
manner required by law; and
WHEREAS, said hearing was duly convened by this
Council at said time and place for the hearing of all
2
041003-0001-198-4595d
protests to said proposed improvements, or to the extent of
the assessment district or to the proposed assessment, and
all protests thereto received by the City Clerk of the City
were presented to this Council; and
WHEREAS, this Council found and determined that
protests against said proposed improvements were made by the
owners of more than one-half of the area of the land in said
assessment district to be assessed for said proposed improve-
ments, and determined by a 4/5 vote to overrule such protest;
and
WHEREAS , this Council thereupon proceeded with said
hearing, and duly considered all of said protests at said
hearing, and duly heard all interested persons desiring to be
heard at said hearing; and
WHEREAS, at said hearing the Engineer of Work
recommended that various changes be made in said report , as
more particularly set forth in his revised report dated
September 8, 1986 on file with this Council; and
WHEREAS , upon the basis of all evidence presented
at said hearing, this Council ordered that the assessment and
the diagram contained in said report be modified in certain
particulars, as more fully set forth in the records of this
Council; and
WHEREAS, this Council is fully advised in the
premises;
NOW, THEREFORE, BE IT RESOLVED by the Council of
,%w the City of Atascadero, as follows
3
Section 1 The foregoing recitals are true and
correct and this Council so finds and determines
Section 2 All protests to said proposed improve-
ments, or to the extent of said assessment district or to
said proposed assessment by this Council as modified are
hereby overruled
Section 3 This Council hereby finds and
determines that all of the several assessed subdivisions of
land in said assessment district have been assessed in
proportion to the benefits to be received by such
subdivisions, respectively, from said improvements
Section 4 This Council hereby finds and
determines that the total amount of the principal sum of all
unpaid assessments levied against the parcels proposed to be
assessed, as computed by the Engineer of Work in said report,
plus the principal amount of the special assessment proposed
to be levied in the instant proceedings, do not exceed
one-half of the total value of the parcels proposed to be
assessed, as computed by the Engineer of Work in said report
Section 5 This Council hereby confirms said
assessment and said diagram as so modified as now on file
with it, and declares that said report of said Engineer of
Work and said assessment and said diagram as so modified are
hereby adopted and confirmed
4
041003-0001-198-4595d
Section 6 This Council hereby orders said
*4W proposed improvements described in said Resolution of
Intention and in said report to be made
Section 7 The City Clerk of the City is hereby
directed to transmit the diagram of said assessment district
and said assessment as confirmed to the Superintendent of
Streets of the City, and said person shall record the same in
his office, and shall file a complete list of unpaid
assessments with the Treasurer of the City, and said
assessment shall become due and payable; and the City Clerk
of the City is hereby further directed to file in the office
of the San Luis Obispo County Recorder a copy of said
assessment diagram as so recorded and to execute and record a
notice of assessment in the office of the San Luis Obispo
County Recorder, and said assessment shall become a lien upon
the land on which it is levied, all pursuant to the Municipal
Improvement Act of 1913
Section 8 The Treasurer of the City is hereby
designated to collect and receive the money paid pursuant to
said assessment as herein confirmed The Superintendent of
Streets of the City is hereby ordered and directed to cause
notice of recording said assessment to be given by
(a) Mailing postage prepaid to each person owning
property in said City of Atascadero Improvement District
No 4 (Separado-Cayucas Assessment District) , at his last
known address as it appears on the tax rolls of the County of
Ar
5
041003-0001-198-4595d
San Luis Obispo, or on file at the office of the City Clerk
of the City, or to both addresses if they are not the same,
or if no address appears, to General Delivery, Atascadero,
California, a statement containing a designation of the
property assessed sufficient to enable the owner to identify
it, the amount of the assessment, the date of the recordation
of the assessment, the time and place of payment of the
assessment and the effect of failure to pay within such time,
and a statement that bonds are to be issued under the
Improvement Bond Act of 1915 to represent unpaid assessments,
and
(b) Causing to be published once a week for two
successive weeks in The Atascadero News, a newspaper
published and circulated in the City, a notice stating that
said assessment has been recorded in the office of the
Superintendent of Streets of the City and that all sums
assessed therein are due and payable immediately, that the
payment of said sums is to be made to the Treasurer of the
City within 30 days after the date of recording the
assessment (which date shall be stated in the notice) , and
that if any assessments are not paid within the 30-day
period, bonds will be issued under the Improvement Bond Act
of 1915 to represent unpaid assessments
Section 9 This resolution shall take effect from
and after its date of adoption
6
041003-0001-198-4595d
Resolution 116-86
PASSED AND ADOPTED this 27th day of October, 1986
by the following vote
AYES COUNCILMEMBERS BORGESON, HANDSITY, MOLINA AND MAYOR MACKEY
NOES COUNCILWOMAN NORRIS
ABSENT NONE
{ ATTEST
, BOYD S RIT7. RJOR MACKEY
City Cletk Mayor
> +
APPROVED AS TO FORM
OBERT M JQ��
City Attorney
low
041003-0001-198-4595b
7
S
y rsoo Nz z O-'
rm
�O
ON� N O sn[AN0-1 Y T
n' f
0
0 Z
}fOnT
p
OTn ONS m
ZSr ZN� nCD S0
m�T 15 SA
-4 O �
t� o� mx xm
00 00 1 D 0- a� f n N n
C 4 Ztei
T„ ..i
O { a ;— Sm N•!y R� OA
♦� O t- �iD m 00
{ { OO OT 7f1
0-) N
tn. TT n; Om
°D n s
C) �a+ly-� 0 Tx
® a Zp ,pi"i oau,�Ai oir
o-. ° Cm a � Na -0 ZO£
�p T Pxs j°ao
iQ OOT C'm �{4,r`a
oq O ZN 0rmJl 00
o
::•-' \
♦ oma° o � _ �. �: � � �.
Oma
-^l .. p ®• hid )e '
�i� v(•� ',s b �
oo
°
m
iy o aaM=
�c NVY
i�
>OD`
r �
ti
i
s O ,p z
I�; � �^ Or � O F O • a 04 t
Id o ` _ 02 :�; �M•; �_ c
G
I-0 rj O" p O �• _ O
OZA40' jt
F Q t 1 ��� °
t t � . .�• � �r i
oti
O. - O 0 ° � ®� +� r •. O -�
+' •\e = Q a''+" ,+ t• 6 �tQ. ,XO �p•• 'O..O,p +` »�-'-r � ? �y� s ° �
ov
Oki
O. D•. n' � •Q i
yr •1;/ ° Qj ♦'.M - O «� �
A ENWENT oU y
• Q ® O � A• AI b[ O• A �4 Q
is u+• «• I e O�
` NO
r.O AMENDME •P'
eIry
...r ....�
t•�
O `• Q j 23 ;
V
q72 ti +~• Y• y }
H
003v
0 ~� ~� � .•
.N.3 a + r M M �r. 'U w. j..AMEN 2
g K n M,.j t7 x EHT �D OMI- 'P. 7
f M
00,
N O '
HGN 3((4jN .1Y j1 ` •Q
MO N N n YU O
?7 .•3 M
M x"30 a
R O O p• t9
N
N •'3
A
a
N
s - e
•` (RES 99-86)
EXHIBIT B
-E,X-H-I$I T�A-
REVISED*
' 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
I 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
4 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 a sewage pump station in Yerba Avenue located
approximately 600 feet north of the intersection of Yerba Avenue
and Dolores Avenue a sewer force main located along Yerba Avenue
from the proposed pump station in Yerba Avenue to a proposed
manhole 520 feet to the north
The work shall also 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
Hermosillo Avenue from near the intersection of Lobos Avenue and
Hermosillo Avenue southwest to the end of the existing sewer in
Hermosillo 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 approximately 200 feet along Encima Avenue a sewer
1
* Revised from Exh A to Res No 70-86
3
a
main along San Anselmo Avenue from E1 Camino Real to Ros
Avenue , a sewer main along Cayucos Avenue extending from San
Anselmo Avenue approximately 160 feet east of San Anselmo Avenue.
and a sewer main to be located in an easement between Lobos
Avenue and Cayucos Avenue
The work listed above shall also 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,
s 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
K
f
t
x
.1
}
R
r
2