R 1435
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RESOLUTION NO. ~35
RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION
. TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVE~1ENTS
TOGETHER WITH APPURTENfu~CES AND APPURTENANT WORK IN
CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DIST-
TICT PURSUANT TO THE TERHS AND PROVISIONS OF THE
"l1UNICIPAL H1PROVENENT ACT OF 1913"; DECLARING THE
"1ORK TO BE OF MORE TfIAN LOCAL OR ORDINARY BENEFIT
k~D DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR
[ THE ISSUANCE OF BONDS.
THE CITY COUNCIL OF THE
.
CIT~ OF ARROYO GRANDE .
STATE OF CALIFOfu''HA, DOES HEREBY RESOLVE AS FOLLO~1S~
SECTION 1. That the public interest and convenience require, .
and it is the intention of this body, pursuant to
the provisions of Division 12 of the Streets and
Highways Code of the State of California (the
"Municipal Improvement Act of 1913") to order the
construction of certain public works of improve-
ment, together with appurtenances and appurtenant
\'lOrk, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 79-1
(CANYON t'lAY)
(hereinafter referred to as the "Assessment District") .
DESCRIPTION OF IMPROVEMENT
. A. The construction of certain public works of
improvement, together with appurtenances and
appurtenant work in connection therewith, in
certain public streets andrights~of~.ay in
the Assessment Dis~rict, and for further par-
ticulars, reference is hereby made to Exhibit
nAil attached hereto, incorporated and so re-
ferenced. For further particulars, reference
is hereby made to a map of said Assessment
District previously adopted by this body a;1d
on file in the Office of the city Clerk. .
B. Said streets and highways are more particularly
shown in the records in the O~fice of the County
Recorder and t;hall b", shmm upon the plan's here-
in referred to and to be filed with these
proceedings.
c. 1\11 of: t;aid \'JOd: and improvem0nts are to be con-
structed at the places and in the particular
loci1,tions, of th0 forms, sizes, dimensions and
materiC\ls, itnd ilt tile lines, ~Jrildes and eleva-
tions as t;ho'.4n and de line<~ted upon the plans,
profiles and !~ecifications to be nade therefor,
as }l(!reini\[ter [>rovidcd.
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D. The description of the improvements and the
termini of the work contained in this Reso-
lution 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 as contained in the
Engineer's Report shall be controlling as to
the correct and detailed description thereof.
E. Whenever any public way is herein referred to
as running between two public ways, or from or I
to any public way, the intersections of the
public ways referred to are included to the
extent that \'1ork shall be shown on the plans
to be done therein.
Ji'. Notice is hereby given of the fact that in
many cases said work and improvement will
bring the finished work to a grade ~ifferent
from that formeX'ly existing,. and that to said
extent, said grades are hereby changed and .
said work will be done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work is of direct benefit
to the properties and land within the Assessment
Dist:dct and the City Council of this City hereby
makes the expenses of said work and improvement
chargeable upon a district, which said Assessment
District is hereby declared to be the Assessment
District benefited by said work and improvements and
to be assessed to pay the costs and expenses thereof,
including incidental expenses and costs, and which.
is described as follows:
All that certain territory situated in the
CITY OF ARROYO GRANDE
included within the exterior boundary lines shown
on the plat exhibiting the property affected or
benefited by or to be assessed to pay the costs' and
expenses of said work and improvements in the
Assessment District, said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 79-1"
and.whieh said map w"s here,o~:e app~oved and which II
sil:td wap or chagr<lm :ts on f:tle :tn the Offl.ce of the ~;
ci t.'( Clerk, EXCEPT~NG from the area sl.1o',rn \~i thin and "
del:tneatcd upon sind map or plat here:tnabove referred "'-
to, the area of all public streets, public avenues,
public lanes, public roads, public drives, public
cOl1rt~, public alleys, and all easements and rights-
of-,./ay therein contained belonging to the public.
For all particulars as to the boundaries of the
Assessment District, reference is hereby made to said
boundary map heretofore previously approved, and for
a com?letc' descrIption of the 5~id ^s~;essment District,
the said plat and pro;:>osed boundary milp on file shall
CJovern.
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. . . ..' r REPORT .OF E~GINry . .
: SECTION 3. Thi~ proposed, improvement is hereby referred to
LARRY G. ROHLOFF, Authorized Representative of
ERVIN ENGINEERING, Engineer of Work
who is hereby directed to make and file the report in
writing containing the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works
and improvement, including the cost of the
incidental expenses in connection therewith;
(c. A diagram showing the Assessment District
referred to above, which shall also show the
boundaries and dimensions of the respective
subdivisions of land within said Assessment ..
District, as the same existed at the time of
the passage of the Resolution of Intention,
each of. which subdivisions shall be given a
separate nwnber upon said Diagram; ..
D. A proposed assessment of the total amount of
the assessable costs and expenses of the pro-
posed improvement upon the several divisions
of land in proportion to the estimated bene-
fits to be received by such subdivisions,
upon said Diagram by the respective numbers
thereof;
'. E. The description of works of improvement to be
constructed under these proceedings.
When any portion or percentage of the costs and
expenses of the improve~ents is to be paid from
sources other than assessments, the amount of such
portion or percentage shall first be deducted from
the total estimated costs and expenses of said work
and improvements, and said assessment shall include
only the remainder of the estimated costs and expenses.
Said assessment shall refer to said subdivisions by
their respective numbers as assigned pursuant to
Subdivision D of this Section. .
BONDS
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SECTION I). Notice is hereby given that serial bonds to represent:
the unpaid assessments, and bear interest at the rate
( of not to exceed Ten Percent (101;) per annum, Hill
, be issued hereunder in the manner provided in the
! "Improvement Bond l.ct of 1915", being Division 10 of
I the Streets and Highways Code of the State of California,
the last instv.llment of ,.hich bonds shall mature a maxi-
mum of and not to exceed FOURTEEN (14 )
years from the second day of July ne-xt sllcceeding ten
(10) months from their cbte. 'fhe provisio!ls of P<trt
11.1 of said Act, providing an alternative procedure
for the i\dVClnCe paYr:\<>nl: of a~;sessme:1ts and the calling
of bonds, shall apply.
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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 generally an aggregate amount that is equal
each year, except for the first year's adjustment.
, "MUNICIPAL IMPROVE~!ENT ACT OF 1913"
SECTION 5. Except as herein otherwise provided for the issuance
of bonds, all of said improvements and acquisition,
if necessary, .shall be made and ordered pursuant to
the provisions of the "Municipal Improv~ent Act of I
:1.913", being Division 12 of the Streets ~nd Highways
Code of the State of California.
. SURPLUS FUNDS
SECTION 6. If any excess shall be realized from the 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 CitYi
provided that the amount of any such trans-
fer shall not exceed the lesser of One
Thousand Dollars C$l,OOO} or five percent
(5%) of the total amount expenses from t.he
improvement fundi
B. As a credit upon the assessment and any
supplemental assessment; or
C. For the maintenance of the improvements.
I
r SPECIAL FUND
SECTION 7. The legislative body hereby establishes a special
fund designated
ADVANCg IMPROVEMENT FUND -
ASSESS!1ENT DISTRICT NO. 79-1
into which funds may be transferred at any time to
expedite the making of the improveme~ts herein
aut1;lorized, and said funds are a loan and shall be
repaid out of the proceeds of the sale of a.ssess-
ments as authorized by law. ..
PRIV'TE CONTRACT II
SF.C'rION fJ. Notice is hereby given that, in the opinion of the n
City Council, the public interest \.5.11 not be served '.
by allO\"ing the property OIvners to take the contract .
[or the construction of the improvements, and that,
pursuant to Section 10502.4 of the Streets and High-
ways Code, no notice of award of contract shall be
published.
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GRADES
SECTION 9. Notice is hereby given t~at the grade to which the
work shall be done is to be shown on the plans and
profiles tnerefor, which grades may vary from the
existing grades. The work herein contemplated shall
be done to the grades as indicated on the plans and
specifications for a description of the grade at
which the work is to be done. Any objections or
[ protests to the proposed grade shall be made at the
public hearing to be conducted under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these pro-
ceedings, including information relating to protest
procedure, all notices, resolutions, affidavits
and/or certificates, your attention is directed to
the below designated person at the. agency or depart-
ment indicated:
Larry G. Rohloff, P.E. Paul J. Karp
Ervin Engineering City Engineer
1211 pike Lane City of ARroyo Grande
Oceano, California 93445 214 E. Branch Street
Arroyo Grande, CA 93420
(805) 489-7613
. (805) .489-1303
DIVISION 4 PROCEEDINGS
I SEI:'l'ION 11. These proceedings have been initiated by a petition
signed by property owners representing more than
sixty percent (60%) of the area proposed to be assessed
for the works of improvements, and said petition meets .
the requirements of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931", being
Division 4 of the Streets and Highways Code of the State
of California.
UTILITY UNDERGROUNDING
SEC'l'ION 12. Notice is hereby further given that the City Council
does intend to enter into contracts for the installation
of underground electrical and communication facilities
pursuant to the provisions of Section 10110 of the
Streets and I!ightvays Code of the State of California.
The underground po\Ver and communication facilities
I shall be under the mvnership and control of t.he utility
I
cOl1lpani.es providing service to the area and at the
time and place fixed for the public hearing on the
Engineer I~; "Heport", any person objecting to the City
entering into contracts \Vith the respective utility
comranie~.; I should app(~,\1':" and 5ho\" catls(~ Hhy these
1":oceec1inCj~; ~,hould not be cari:iecl out in accordance
with this Resolution of Intention.
MIEND,'lEWr
~~ECT rO:--J 13. 'rhi[; He:;olution amends and supersedes the previously
(t(loptcd P(,~;olution of Intention, being Resolution No.
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1389, as previously adopted on the 11th day of December,
1979. For particulars as to the amendment reference
is made to Section 4 where the interest rate is increased
from a maximum amount of eight percent (8%) to ten
percent (10%), and to Section 12 where reference is
made to certain work to be performed by the utility
companies providing service to the area.
All other terms and conditions of the original Resolution
of Intention are the same. I
APPROVED and ADOPTED this 14th day of October, 1980 . .,
ATTEST:
C ITV CLERK
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DESCRIPTION OF WORK
Canyon Way Assessment District No. 79-1
Construction of Canyon Way (a 40 ft. curb/curb street) northerly of
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I Tally Ho Road for a distance of approximately 1360 feet to the City
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I Limits I including the following: .
l l. Asphalt paving, with appropriate seal and tack coats.
2. Concrete curb and gutter, each side. with driveway depression
and apron to each. existing individual ownership lot.
3. Sewer main and related appurtenances (including manholes,. etc.)
within Canyon Way with one lateral stub to each existing indi-
vidual ownership lot.
4. Water main and related appurtenances (including valves, fire
hydrants, etc.) within Canyon Way with one service lateral
and meter (with box) to each existing individual ownership
,
lot.
S. Storm drainage pipe or reinforced concrete box and related
appurtenances required to contain and transmit storm water
runoff into existing storm drainage system at Canyon Way and
Tally tlo Road.
6. }>rovision for miscellaneous utility services, including gas
(Southern C~lif. Gas Co.), electric, (Pacific Gas [, Electric),
phone (Pacific Telephone [, ~'elegraphl and Cable 'IV (Sonic
,
I C2ble 'iV) ,
I
'J, P(~rform n(~Cessi~ry 9rading operations, iucluding clearing ,and
ynlcbin(j opur.lt:ions, to co;nplctc the construction of Canyon
\':'-IY and other i ~:(-Iit5 1 through 6 inclusive, listed above.
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STATE OF CALIFORNIA )
.COUNTY OF SAN LUIS OBISPO )
CITY OF ARROYO GRANDE )
.
I, INES A. del C~lPO, City Clerk of the City of Arroyo
Grande, California, DO HEREBY CERTIFY that the foregoing Resolution
being Resolution No. 1435 , was duly passed, approved and
adopted by said City Council, approved and signed by the Mayor, and
attested by the City Clerk, all at a regu1 ar meeting
of said City Council held on the 14th day of October ,
\ 19 80 , and that the same was passed and adopted by the .following
vote, to wit:
AYES: COUNCILMEMBERS: Smi th, Mi 11 is, Vandeveer.,
and Mayor Pope .
NOES: COUNCIU1EMBERS:- Hogan
ABSENT: COUNCILMEMBERS: None
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-DATED this 15th day of October. 1980 . .
.
Deputy City C1erk
RK
ARROYO GRANDE
OF CALIFORNIA
[SEAL] .
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