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R 1435 . \ '\ --- . t.. . . ~' . . . .. . - . 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. . _ ____.__"__" . ..v.____ .- .------------ --... -- .. - .- - ."' _..~...___~_n~_._ __._.____ ....--".- ... ~_. ...:.. . -' . ." . ~~.............,..... 'r . . .-,,' -" -, -. ..--~---......,.,-- -....:.~ 'W){;J- . - -_.... ~----",.- - . .._---~_...._....., r .......... , . . -' . .. . . . - . 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. -2- - .-.-- .-.._"-~.._..'-- ~ .., ""-"". . . . ..' 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 -- 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. -)- . _......" .~._.....~...'_ .~~._._.~.-' -.- .~.._._...._.___ .... ~_. ~I'I:..;. . M!:'T' ~~~....--.~"',_' '.~... j09.- . J ,~ . . . . . . . . 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. __ ~n_ ~ -4 _.." c.>-"' ".----.,.-.- .-"1"'" ... .----- -~--~ ------------- - ,jO~ . . ,- . ') . . . - . 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. ,. -.)- .. ~_.> - ~_. ~ ."'-- --_-...~-"'-~ -~_.-- &"",-_~~'!oo.~IIr<'~__ - .-. ~. _'.4 l- - <jOD . . ._ - r- :) . . .. . ... . . . 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 ! , P~:; \f ., '.6-- _.- - ----.. .~ ..... ;I ....u'l r- :) ; . . . . . . . DESCRIPTION OF WORK Canyon Way Assessment District No. 79-1 Construction of Canyon Way (a 40 ft. curb/curb street) northerly of . I Tally Ho Road for a distance of approximately 1360 feet to the City I , 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. ... --~....- .ItO...C . JJ..I:. . --~ :-_t.~._ ..--.,--- ' - .~ . . _.,- -~. . - -~...- --------. ~ .r ../ .. \ . ~ .. ." .. -. .. '" " ". ,,~ .."," ~ \ u .. .. \0 ~_.." - J - .. v ~ \" ,,;....~ u ~ _ ~ u,," ::~ ..~- - t:; '" - ..' .. v" --- .' . ,~'., "".:, s. ;,,' ., .!.\,! . ",.' .', ,.' ... . .., __ , ,.,., ". 0" .. .>,' ., .',.. 1 n" 0 \~"'. ,_... "r ~'" ..~.. . "..., ~ _ \.<" . \ ." ~ .. v" .. ~ '.. v '" 0' .., .'. A -- .'" ., ,".. . . .,' _.< .,. ' . 0" ," . .-- J ",," ., .' " ..", . n, .. .' ,.' " . '.,' . ,t> " ,.. o -> ~v ........ ",.,~ \ <0:.... .."" ~ c.. .....- 0. -7' '0 :ok. \.,,~ ,,,'" v.-!!- .,," ..~ ".... fl D' ~ .. ' .' .0'". ," ,. ...., , . ~ ." 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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 , - -DATED this 15th day of October. 1980 . . . Deputy City C1erk RK ARROYO GRANDE OF CALIFORNIA [SEAL] . . I I I