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HomeMy WebLinkAboutResolution 25-80 RESOLUTION NO. 25-80 ' RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR CONSTRUCTION OF A CHIP SEAL COAT ON VARIOUS CITY STREETS (BID NO. 80-15) WHEREAS, the Atascadero City Council did, on October 13, 1980, award a contract to H. D. Peterson, P. 0. Box 36 , Atascadero, California, 93422, for construction of a chip seal coat on various City streets (Bid No. 80-15); and WHEREAS, the City Engineer has certified that said work has been completed in accordance with the provisions of the contract._ NOW, THEREFORE, BE IT RESOLVED that said work is accepted as completed on November 24, 1980, and the City Clerk is hereby directed to file a notice of completion in the office of the recorder of the County of San Luis Obispo. On motion by Councilman Nelson and seconded by Councilman Stover , the Atascadero City Council hereby adopts the foregoing proposed resolution in its entirety on the following roll call vote: AYES: Councilmen Highland, Mackey, Nelson, Stover and Mayor Wilkins NOES: None tABSENT: None ADOPTED November 24, 1980 "S, RO ER JR. , Ma r ATTEST: UR WARDEN, Cit Clerk APPROVED AS TO FORM: ALLEN GRIMES, City Attorney 1 NOTICE OF COMPLETION ' TO WHOM IT MAY CONCERN; NOTICE IS HEREBY GIVEN by the undersigned Clerk of the J City of Atascadero, San Luis Obispo County, California, that the construction of a chip seal coat for various streets for the City of Atascadero (Bid No. 80-15) , has been completed by H. D. Peterson, and that said work was accepted as completedonNovember 24 , 19`800 by the Atascadero City Council by adoption of Resolution No. 25-80 dated November 24 , 1980. 7 RRAY L. WARDEN, City Clerk , The undersigned hereby deposes and says: That he is the Clerk of the City of ATASCADERO, San ' Luis Obispo County, California;. that he has read the foregoing notice and knows the contents thereof; that the same is true of his own knowledge. I declare the foregoing to be true under penalty of perjury. ' Executed at Atascadero, California, this day of November, 1980. 1 MU RAY . WARDEN, City Clerk "Investment" means an financial interest in or security y issued by a City of Atascadero-related business entity, including, but not limited to, common stock, preferred stock, right, warrants, options, debt instruments and any partnership or other ownership interest. A business entity is "City of Atascadero-related if and only if the business entity or any parent, subsidiary or other- wise related business entity: (i) has an interest in real property ' within the jurisdiction, (ii) does business in the City of Atascadero, or (iii) did business or plans to do business in the City of Atas- cadero at any time during the period commencing two years prior to ' and ending one year after the time the designated employee is re- quired by this Code to file his or her next Statement of Economic Interests or to disqualify himself or herself with respect to a City of Atascadero decision. (The term "parent, subsidiary, or ' otherwise related business entity" shall be construed as specifically defined by the Fair Political Practices Commission) . ' No asset is deemed an "investment" unless its fair market value exceeds $1, 000. The term "investment does not include a time or demand r deposit in a financial institution, share in a credit union, any insurance policy, or any bond or other debt instrument issued by any government agency. Category 2. All-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose all interests (worth more than $1, 000) in real property located within the jurisdiction if the interests are: (a) Held or owned by the designated employee, his or her spouse and dependent child; or ' (b) The pro rata share (worth more than $1,000) of interests in real property of any business entity or trust in which the designated employee or spouse owns, directly or in- directly or beneficially, a 10% interest or greater. "Interest in real property includes any leasehold, beneficial or ownership interests, or any option to acquire such an interest, in real property, but does not include the principal residence of the filer. Real property shall be deemed to be "located within the jurisdiction" if the property or any part of it is located within or not more than two miles outside the boundaries of the City of ' Atascadero or within two miles of any land owned or used by the City of Atascadero. 9 Category 3 All-Inclusive Reportable Income ' A designated employee in this category shall disclose all income of the designated employee for any City of Atascadero- related source aggregating $1000 or more (or $25 or more in the case of gifts) during the reporting period. (a) "Income" means, except as provided in subsection (b) , ' income of any nature from any City of Atascadero-related source, including but not limited to any salary, wage, advance, payment, honorarium, award, gift, including gift of any food or beverage, loan, forgiveness or pay- ment of indebtedness, discount in the price of anything of value unless the discount is available to members of the general public without regard to official status, ' rebate, reimbursement for expenses, per diem, or con- tribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in income or a spouse from a City of Atascadero-related source. Income of an individual also includes a pro rata share of any income of any City of Atascadero-related entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten percent (100) interest or greater. ' A source, business entity or trust in "City of Atascadero- related" if and only if he, she or it: (i) resides in the jurisdiction, (ii) has an interest in real property within the jurisdiction, (iii) does business in the City of ' Atascadero or (iv) did business or plans to do business in the City of Atascadero at any time during the period commencing two years prior to and ending one year after 1 the time the designated employee is required by this Code to file his orher next Statement of Economic Interests or to disqualify himself or herself with respect to a ' City of Atascadero decision. (b) "Income does not include: ' (1) Campaign contributions required to be reported under Chapter 4 of the Political Reform Act of 1974; ' (2) Salary and reimbursement for expenses or per diem received from a state or local government agency and reimbursement for travel expenses and per diem re- ceived from a bona fide educational, academic or charitable organization; (3) Gifts of informational material, such as books, ' pamphlet, : reports, calendars or periodicals; ' 10 t , 0 (4) Gifts which are not used and which, within thirty days after receipt, are returned to the donar `or delivered 1 to a charitable organization without being claimed as a charitable contribution for tax purposes; (5) Gifts from an individual 's spouse, child, parent, grandparent, grandchild, brother, sister, parent-in- law, brother-in-law, sister-in-law, aunt, uncle, or first cousin or the spouse of any such person; pro- vided that a gift from any such person shall be con- sidered income if the donar is acting as an agent or intermidiary for any person not covered by this para- graph; (6) Gifts of hospitality involving food, beverages, or lodging provided to the designated employee, if such hospitality has been reciprocated within the filing period. "Recipro- city" as used in this subsection includes the providing by the designated employee to the host of any consideration, including entertainment or household gift of a reasonably similar benefit or value; (7) Any devise or inheritance; (8) Interest, dividends or premiums on a time or demand deposit in a financial institution, shares in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or goverment agency. (9) Dividends, interest or any other return on a security which is registered with the Securities and Exchange Commission of the United States Governments; (10) Loans by a commercial lending institution in the regular course of business. (c) "Honorarium" means a payment for speaking at any event, parti- cipating in a panel or seminar or engaging in any similar activity. For purposes of this subsection, free admission, food, beverages and similar nominal benefits provided to a filer at an event at which he or she speaks, participates in a panel or seminar, or performs a similar service, and re- imbursement or advance for actual intra-state travel and for necessary accommodations provided directly in connection with ' the event are not payment and need not be reported by the designated employee. An honorarium must be reported as a gift unless it is clear from all of the surrounding circumstances that the services provided represented equal or greater value than the payment received. If it is clear from the surrounding circumstances ' that the services provided were of equal or greater value than the payment received, the honorarium is income, not a gift. ll 0 When the designated employee claims that the honorarium is not a gift, he shall have the burden of proving that the consideration is of equal or greater value unless the designated employee is a defendant in a criminal ' action. A prize or award shall be disclosed as a lift unless the prize or award is received on the basis of a bona fide competition not related to the designated employee's official status. Prizes or awards whichare not disclosed as gifts shall be disclosed as income. Category 4. Less-Inclusive Reportable Investments A designated employee in this category shall disclose those, and only those, Category 1 reportable investments which pertain to a business entity, a business activity of which is that of: (a) Providing within the last two (2) years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City of Atascadero. (b) Conducting a business in the City of Atascadero which requires a business license therefor pursuant to ordi- nances.- of the City. (c) Sale, purchase, exchange, lease or rental, or financing, for its own account or as broker, of real property or construction thereon of buildings or structures. Category 5. Less-Inclusive Reportable Interests in Real Property A designated employee in this category shall disclose those, and only those, Category 2 _reportable interests in real property where the property or any part of it is located within or not more than 500 feet outside the boundaries of the City of Atascadero. Category 6. Less-Inclusive Types of Reportable Income A designated employee in this category shall disclose those, and only those types of Category 3 reportable income which are derived from a source, an activity of which is that of: 1 (a) Providing within the last two (2) years, or foreseeably in the future, services, supplies, materials, machinery or equipment to the City of Atascadero. (b) Conducting a business in the City of Atascadero which requires a business license therefor pursuant to ordi- nances of the City. 12 (c) Sale, purchase, exchange, lease or rental, or financing for its own account or as broker, of real property or the development, syndication, or subdivision of real property or construction thereon of buildings or structures. 1 13