R 1210
RESOLUTION NO. 1210
A RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF ARROYO
GRANDE DECLARING INTENTiON TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND
APPURTENANT WORK IN CONNECTION THEREWITH IN A PROPOSED
ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS
OF "MUNICiPAL IMPROVEMENT ACT OF 1913;" OECLARING THE WORK
TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND
DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS
AND EXPENSES THEREOF; DETERMINING LIQUfOATED DAMAGES; AND
PROVIDING FOR THE ISSUANCE OF BONDS.
ASSESSMENT DISTRICT NO. 74-1
(RUTH ANN WAY)
THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE, STATE OF CALIFORNIA, OOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. 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 (MunIcipal Improvement Act of 1913) ,to order the constructIon
of certain Improvements together with appurtenances and appurtenant work in what
is known and designated as
ASSESSMENT DISTRICT NO. 74-1
(RUTH ANN WAY)
(hereInafter referred to as "Assessment District").
DESCRIPTION OF IMPROVEMENT
A, The construction of certain public street Improvements and
other public Improvements, together with appurtenances and appurtenant
work In connection therewith in certain public streets and rights 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 District previously adopted by this Body and on file In the
Office of the City Clerk.
B. Said streets and highways 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.
C. All of said work and Improvements are to be constructed at
.the places and in the particular locations, 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 therefore, as hereinafter.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 r.unning
between two public ways, or from or to any public way, the Inter-
sections of the public ways referred to are incl~ded to the extent
that work shall be shown on the plans to be done therein.
F. Notice is hereby given of the fact that In many cases said
work and improvement wIll bring 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.
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DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvement and work Is of direct benefit to the
properties and land within the assessment district and the City Council of thIs
City hereby m~kes the expenses of said work and improvement chargeable upon a
district, which said assessment district Is hereby declared to be the district
benefited by said work and Improvement and to be assessed to pay the costs and
expenses thereof, Including Incidental expenses and costs, and whIch is described
as fa 11 ows :
All that certain territory situated in the City of ARROYO GRANDE, State of
California, 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 improvement In the Assessment District, said map
titled and Identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 74-1
(RUTH ANN 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 of
all 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
district, reference is hereby made to said boundary map theretofore previously
approved, and for a complete description of the said Assessment District, the said
plat and proposed boundary map on fi Ie shall govern.
REPORT OF ENGINEER
SECTI ON 3. This improvement is hereby referred to RAY O. BAUGHMAN, THE
AUTHORIZED REPRESENTATIVE OF THE ENGINEER OF WORK, SAID APPOINTED ENGINEER OF
WORK BEING JENNINGS, BARTLETT & ASSOCIATES and said person 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 above referred to,
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 number upon said Diagram.
D. A proposed assessment of the total amount of the assessable
cost and expenses of the proposed Improvement upon the several
divisions of land in proportion to the estimated benefits to be received
by such subdivisions, respectively, from said improvement. Said
assessment shall refer to 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 cost and expenses of the
improvements is to be paid from sources other than assessments, the amount of such
portion or percentage shall fi rst be deducted from the total estimated cost and
expenses of said work and improvements, and said assessment shall Include only the
remainder of the estimated cost 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, 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.
The principal amount of the bonds maturing each year shall be other than an
amount equa I to an even annua.l proport i on of the aggregate pri nc i pa 1 of the bonds,
and the amount of principal maturing in each year, plus the amount of interest pay-
able in that year will be generally an aggregate amount that Is equal each year,
except for the first year's adjustments. 2.
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"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. Except as herein otherwise provided for the issuance of bonds,
all of said improvement and acquisition, if necessary, shall be made and ordered
pursuant to the provisions of the "Municipal Improvement Act of 1913". being
~ivision 12 of the Streets & Highways Code of the State of California.
SURPLUS FUNDS
SECTION 6. If any excess shall be realize~ 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 Oollars ($1,000) or five percent (5%) of the total amount
expended from the improvement fund;
B. As a credit upon the assessment and any supplemental
assessment; or
C. For the maintenance of the improvement.
SPEC I AL FUND
SECTION 7. The legislative body hereby establishes a special fund
designated "IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 74-1 (RUTH ANN WAY)"
into which funds may be transferred at any time to expedite the making of the
improvement herein authorized and said funds are a loan and shall be repaid out
of the proceedings 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 th~
contract for the construction of the improvements and that, pursuant to
Section 10502.4 of the Streets and Highways Code, no notice of award of contract
shal r be publ ished.
GRADES
SECTION 9. Notice is hereby given that the grade to which the wprk shall
be done Is to be shown on the plans and profiles therefor, which grad~s may vary
from the existing grades. The work herein contemplated sha11 be done to th~
grades as indicated on the plans and specifications for a description of !;he grade
at,which the work is to be done. Any objections or proteSts to the prQposed grade
shall be made at the public hearing to. be conducted under these proceedings.
DAMAGES FOR DELAY
SECTIPN 10. In the event the work is not completed within the time limit
specified in the contract or withIn such further time as may be extended. the City
shall charge the subcontractor liquidated damages in the net amount of On~ Hun~red
Oollars ($100.00) for each day of delay until the work is completed.
UTILITY CONTRACTS
SECTION 11. Notice Is further hereby given that the work or Improvement as
herein described, includes the installation of works of Improvements for the
supplying of a gas system, underground power, and underground telephone system and
the territory in which the work of improvement is contemplated is within the
service area of a public utility company so supplying said service. Pursuant to
Section 10109 and 10110 of Division 12 of the Streets and Highways Code of the
State of CaJ ifornia. agreements will be executed between the City .and the
respective utility companies for the supply of their respective ut.lllty service,
a II as to be shown on the plans to be adopted hereto .and sa Jd agreements shall
become effective upon the date of the Resolution Ordering the Work for these
proceedings and when funds are available, upon the sale of bonds. This City
Council hereby finds and determines that. the Improvements in reference to the
utility installation are useful and necessary for the rendItion of service to the
property owners within the boundaries of the Assessment District and for the
benefit of the City of Arroyo Grande.
Resolution 1210 3.
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PROCEEDINGS INQUIRIES
SECTION 12. For any and all information relating to any part of these
proceedings, including information regarding protest procedure, technical,
relating to engineering, and/or information contained in any resolution or
notice, your attention is directed to the below listed local agency or depart- I
ment, name and telephone number:
Mr. Joe Garcia Telephone: (805) 489-1303 I
City Engineer
City of Arroyo Grande
214 East Branch Street (P. O. Box 550)
Arroyo Grande, Ca 1 i forn i a 93420
On motion of Councilman Splerling, seconded by Councilman Gallagher, Jr.
and on the following roll call vote, to wit:
AYES: Councilmen Spierling, Gallagher,Jr., Schlegel, Millis and Mayor de Leon
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 23rd day of March, 1976.
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MAYOR
ATTEST: ~A'C#~~
CITY CLERK ,
.1, Ines A. del Campo, City Clerk of the City of Arroyo Grande, County
of San Luis Obispo, State of California, do hereby certify that the foregoing
Resolution No. 1210 Is a true, full and correct copy of said Resolution passed
and adopted by the City Council of the City of Arroyo Grande at a regular
meeting of said Council held on the 23rd day of March, 1976.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed
this 24th day of March, 1976.
~ A.d~P~
City Clerk of the City of A royo Grande
(SEAL)
Reso 1 ut I on 1210 4.
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EXHIBIT "A"
WORKS OF IMPROVEMENT
CITY OF ARROYO GRANDE
ASSESSMENT DISTRICT NO. 74-1
(RUTH ANN WAY)
The construction of certain street Improvements, Including grading, paving,
curbs and gutters, drainage Improvements, sidewalks, street lights,
underground communication and electrical facilities, gas lines, water lines,
sanitary sewer lines, together with appurtenances Including all Intersection
work In
RUTH ANN WAY
ANO IN
PRISCILLA LANE
IN THEIR ENTIRETY
AND IN
BRIGHTON AVENUE
FROM RUTH ANN WAY TO A POINT APPROXIMATELY ONE
HUNDRED TWENTY FEET (120 ,) EASTERLY THEREOF.
The construction of certain drainage Improvements, together with appurtenances
and appurtenant work In portions of
MONTEGO STREET
Resolution 1210 S.
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