R 1389
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RESOLUTI ON NO. 1389
RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION TO
ORDER THE CONSTRUCTI ON OF CERTAI NI MPROVEMENTS ':i; : :::,~
TOG~THER WITH APPURTENANCES AND APPURTENANT WORK IN
CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DIS""
TRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE
"MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE
WORK TO BE OF MORE THAN lOCAL OR ORDINARY BENEFIT
AND DESCRIBING THE DISTRICT TO BE ASSESSEO TO PAY
THE COSTS AND EXPENSES THEREOF; AND PROVIDING FOR
THE ISSUANCE OF BONDS.
THE CITY COUNCil OF THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION I. 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 construct Ion of certain public works
of Improvement, together with appurtenances and appurtenant work, In a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 79-1
(CANYON WAY)
(herei nafter referred to as the "Assessment D I stri ct") . ,
DESCRIPTION OF IMPROVEMENT
A. The const~uction of certain public works of improvement, together
wi th appurtenances and appurtenant work in connect I on therewith, In certa i n
public streets and right-of-way In the Assessment District, and for further
particulars, reference is hereby made to Exhibit "A" attached hereto, Incorporated
and so referenced. For further particulars, reference Is hereby made to a
map of said Assessment 'Olstrict previously adopted by this body and on file' In
the Office of the City Clerk.
B. Said streets and h~ghways are more particularly shown In the
records In the Office of the County Recorder and shall be shown upon the plans
herein referred to and to be filed with these proceedings. , I
C. All of said work and Improvements are to be constructed at the
places and in the particular location, of the forms, sizes, dimensions and
materials, and at the lines, grades and elevations as shown and delineated
upon the plans, profiles and specifications to be made therefor, as herein-
after provided.
D. The description of the 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 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 to any public way, the Intersections of the
public wa~referred to are included to the extent that work shall be shown
on the plans to be done therein. I
F. Notice is hereby given of the fact that In many cases said work i
and improvement will being the finished work to a grade different from that
formerly existing, and that to said extent, said grades are hereby changed
and said work will be done to said changed grades. v
DESCRIPTION OF ASSESSMENT OISTRICT
SECTION 2. That said improvements and work Is of direct benefit
to the properties and land within the Assessment District and the City Council
of this City hereby makes the expenses of said work and Impnovement chargeable
upon a district, which said Assessment District Is hereby declared to be the
Assessment Olstrlctbeneflted by said work and Improvements and tp be assessed
to pay the costs and expenses thereof, Including Incidental expenses and costs,
and which Is described as fol1oWs:
All that certain territory situated In the CITY OF ARROYO GRANDE
included within the exterior boundary lines shown on the plat exhibiting the
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property affected or benefited by or to be assessed to pay the costs and
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expenses of said work and improvements in the Assessment District, said map
titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT
DISTRICT NO. 79-1 (CANYON WAY)"
and which said map was heretofore approved and which said map or diagram is
on file in the Office of the City Clerk, EXCEPTING from the area shown within
and delineated upon said map or plat hereinabove referred to, the area ofall
public streets, public avenues, pUblic lanes, public roads, public drives,
public courts, public alleys, and all easements and rights-of-way therein
contained belonging to the public. For all partIculars as to the boundaries
of the Assessment Olstrlct, reference Is hereby made to said boundary map
heretofore prevIously approved, and for a complete description of the said
Assessment District, the said plat and proposed boundary map on file shall
govern.
SECTION 3. This 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 Improv_t,
Including the cost of the IncIdental expenses In connection therewith;
C. A diagram showing the Assessment District referred to"labove,
which shall also show the boundaries and dimensions of the respective sub-
divisions of land within said Assessment District, as the same existed at
the time of the passage of the Resolution of IntentIon, each of whIch sub-
divisions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount of the assessable costa
and expenses of the proposed Improvement upon the several dIvIsions of land
In proportion to the estimated benefits to be received by such subdlvlslon\,
upon said Diagram by the respective numbers thereof;
E. The description of works of improvements to be constructed under
these proceedings. When any portion or percentage of the costs and expenses
of the 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 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
SECTION 4. Notice Is hereby given that serial bonds to represent
the unpaid assessments, and bear Interest at the rate of not to exceed Eight
Percent (8%) per annum, will be Issued hereunder In the manner provided in
the "Improvement Bond Act of 1915", being Division 10 of the Streets and
Highways Code of the State of California, the last Installment of which
bonds shall mature a maximum of and not to exceed FOURTEEN (14) years from
the second day of July next succeeding ten (10) months from their date.
The provisions of Part 11.1 of said Act, providing an alternative procedure
for the advance payment of assessments and the calling of bonds, shall apply.
"MUNICIPAL IMPROVEMENT 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 "Hun.,clpal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the State of
Cal ifornla.
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 City; provided that the amount ,',
of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000)
or five percent (5%) of the total amount expenses from the Improvement fund;
B. As a credit upon the assessment and any supplemental assessment; or
C. For the maintenance of the Improvements.
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SPECIAL FUND
SECTI ON 7. The legislative body hereby establishes a special fund
designated ADVANCE IMPROVEMENT FUND - ASSESSMENT DISTRICT NO. 79-1 Into
which funds may be transferred at any time to expedite the making of the :,:1
improvements herein authorized, and said funds are a loan and shall be repaid
out of the proceeds of the sale of assessments as authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that, in the opinion of the
City Council, the public Interest will not be served by allowing the property
owners to take the contract for the constructJ.on of the Improvements, and that,
pursuant to Section 10502.4 of the Streets and Highways Code, no notice of
award of contract shall be repaid out of the proceeds of the sale of assessments
as authorized by law.
GRADES
SECTION 9. Notice Is hereby given that the grade to which the work
shall be done Is to be shown on the plans and profiles therefor, which grades
may vary from the existing grades. The work herein contemplated shall be 0
done to the grades as Indicated on the plans and specifications for a descrip-
tion 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.
PROCEED I NGS I~NQ.U I R I ES
SECTION 10. For any and al1 information relating to these proceedings,
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 department Indicated:
LARRY G. ROHLOFF, P.E. PAUL J. KARP
ERVIN ENGINEERING CITY ENGINEER
1211 PIKE LANE. Cny OF ARROYO GRANDE ,
OCEANO, CA. 93445 214 E. BRANCH STREET
ARROYO GRANDE, CA. 93420
DIVISION 4 PROCEEDINGS
SECTION II. 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.
On motion of Council Member Gallagher, seconded.by Council Member
Pope and on the following rol1 cal1 vote, to wit:
AYES: Council Members Pope, Gallagher, Smith and Mayor Hillis
NOElS: None
ABSENT: Council Member de Leon
the foregoing Resolution was passed and adopted this 11th day of December, 1979.
MAYOR
ATTEST:
DEPUTY CITY CLERK
I, Terry Carver, Deputy City Clerk of the City of Arroyo Grande, '---'
County of San Luis Obispo, State of California, do hereby certify that the
foregoing Resolution No. 1389 Is a true, full and correct copy of said
Resolution passed and adopted at a regular meeting of saId Council held on
the 11th day of Oecember, 1979.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
, this 12th day of Oecember, 1979.
(SEAL) Oeputy City Clerk of the City of Arroyo Grande
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