HomeMy WebLinkAboutR-4995 Preliminary Determination Intent to make Acquisitions - Downtown Parking Assessment District of 1983JHHW;SRC:cp 11 /04/82 6208C
RESOLUTION NO. _4995
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OF INTENTION TO
MAKE ACQUISITIONS AND IMPROVEMENTS -
DOWNTOWN PARKING ASSESSMENT
DISTRICT OF 1983
RESOLVED, by the City Council of the City of San Luis Obispo, County of
San Luis Obispo, California, that it does hereby preliminarily determine that
the public interest, convenience and necessity require, and that it intends to
order the making of the acquisitions and improvements described in Exhibit "A"
attached hereto and made a part hereof.
1. Except as herein otherwise provided for the issuance of bonds, all
of said work shall be done as provided in the Municipal Improvement Act of
1913 and Section 19 of Article XVI of the Constitution of the State of
Ca .Ti f orn i a.
2. 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 therefor, as
hereinafter provided. There is to be excepted from the work above described
any of such work already done to line and grade and marked excepted or shown
not to be done on said plans, profiles and specifications. 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 ways referred to are
included to the extent that work is shown on said plans to be done therein.
Said streets and highways are or will be more particularly shown in the
R 4995
records in the office of the County Recorder of County of San Luis Obispo,
State of California, and shall be shown upon said plans.
3. Notice is hereby given of the fact that in many cases said work and
improvements will bring the finished work to a grade different from that
formerly existing, and that to said extent said grades are hereby changed and
that said work will be done to said changed grades.
4. In cases where there is any disparity in level or size between the
improvements proposed to be made herein and private property and where it is
more economical to eliminate such disparity by work on said private property
than by adjustment of the work on public property, it is hereby determined
that it is in the public interest and more economical to do such work on
private property to eliminate. such disparity. In such cases, said work on
private property shall, with the written consent of the owner of said
property, be done and the actual cost thereof may be added to the proposed
assessment of the lot on which said work is to be done.
5. This Council does hereby adopt and establish as the official grades
for said work the grades and elevations to be shown upon said plans, profiles
and specifications. All such grades and elevations are to be in feet and
decimals thereof with reference to the datum plane of this City.
6. The descriptions of the acquisitions and 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 and maps and descriptions as
contained in the Engineer's Report, hereinafter directed to be made and filed,
shall be controlling as to the correct and detailed description thereof.
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7. Said contemplated acquisitions and improvements, in the opinion, of
this Council, are of more than local or ordinary public benefit, and the costs
and expenses thereof are made chargeable upon an assessment district, the
exterior boundaries of which are shown on a map thereof on file in the office
of the City Clerk, to which reference is hereby made for further particulars.
Said map indicates by a boundary line the extent of the territory included in
the proposed district and shall govern for all details as to the extent of the
assessment district.
8. This Council declares that all public streets, highways, lanes and
alleys within said assessment district in use in the performance of a public
function, and all lands owned by any public entity, including the United
States and the State of California, or any departments thereof, shall be
omitted from the assessment hereafter to be made to cover the costs and
expenses of said acquisitions and improvements.
9. Said acquisitions and improvements are hereby referred to Wayne
Peterson, City Engineer of this City, as the officer having charge and control
of acquisitions and construction of public improvements in and for this City
of the kind described herein, and said officer is hereby directed to make and
file with said Clerk a report in writing, presenting the following:
(a) Maps and descriptions of' the lands and easements to be
acquired, if any;
(b) Plans and specifications of the proposed improvements to be
made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses of said
acquisitions and improvements and of the incidental expenses in connection
therewith;
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(d) Diagram showing the assessment district above referred to, and
also the boundaries and dimensions of the, respective subdivisions of land
within said district as the same existed at the time of the passage of this
Resolution, each of which subdivisions shall be given a separate number upon
said diagram;
(e) A proposed assessment of the total amount of the cost and
expenses of said acquisitions and improvements upon the several subdivisions
of land in said district in proportion to the estimated benefits to be,
received by such subdivisions, respectively, from said, acquisitions and
improvements. Said assessment shall refer. to said subdivisions by their
respective numbers as assigned pursuant to subparagraph (d) of this paragraph.
When any portion or percentage of the costs and expenses of said
acquisitions and 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 cost and expenses of said acquisitions and
improvements, and said assessment shall include only the remainder of the
estimated cost and expenses.
10. If any excess shall be realized from the assessment it shall be
used, in such amounts as this 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 this City, provided that the
amount of any such transfer shall not exceed the lesser of $1,000 or 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 improvements.
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11. Wayne Peterson, City Engineer of the City of San Luis Obispo, is
hereby designated as the person to answer inquiries regarding any protest
proceedings to be had herein, and may be contacted during regular office hours
at Public Works Department, 990 Palm Street, P. 0. Box 321, San Luis Obispo,
California 93406, or by calling (805)541- 1000,. Extension 72.
12. To the extent that any of the work, rights, improvements and
acquisitions indicated in the Engineer's Report, to be made as provided
herein, are shown to be connected to the facilities, works or systems of, or
are to be owned, managed and controlled by, any public agency other than this
City, or of any public utility, it is the intention of this Council to enter
into an agreement with such public agency or public utility pursuant to
Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and
Highways Code, which agreement may provide for, among other matters, the
ownership, operation and maintenance by such agency or utility of said works,
rights, improvements and acquisitions, and may provide for the installation of
all or a portion of such improvements by said agency or utility and for the
providing of service to the properties in the area benefiting from said work,
rights., improvements and acquisitions by such agency or utility in accordance
with its rates, rules and regulations, and that such agreement shall become
effective after proceedings have been taken for the levy of the assessments
and sale of bonds and funds are available to carry out the terms of any such
agreement.
13. Notice is hereby given that serial bonds to represent unpaid
assessments, and bear interest at the rate of not to exceed twelve percent
(12 %) per annum, or such higher rate of interest as may be authorized. by
applicable law at the time of sale of such bonds, will be issued hereunder in
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the manner provided by the Improvement Bond Act of 1915, Division 10 of the
Streets and Highways Code, the last installment of which bonds shall mature
not to exceed nineteen (19) years from the second day of July next_ succeeding
ten (10)
months
from their
date.
14,
The
provisions
of Part 11.1 of Division 10 of the Streets and
Highways Code, providing for an alternative procedure for the advance payment
of assessments and the calling of bonds, shall apply to bonds issued pursuant
to paragraph 13 above.
15. Notice is hereby given that, in the opinion of this Council, the
public interest will not be served by allowing the property owners to take the
contract for the construction of the improvements and therefore that, pursuant
to Section 10502.4 of the Streets and Highways Code, no notice of award of
contract shall be published.
16. Notice is hereby given that it is the intention of this Council to
consider adoption of an ordinance, pursuant to Section 10205 of the Streets
And Highways Code, authorizing contributions by the City of San Luis Obispo,
from any sources of revenue not otherwise prohibited by law, of a specified
amount, portion or percentage of such revenues, for the purpose of acquisition
or construction of improvements, the acquisition of interests in real property
and the payment of expenses incidental thereto for the use and benefit of the
Assessment district contemplated by this Resolution, and to consider
authorizing Application of such revenues as a credit upon the assessment
proposed to be levied in proceedings pursuant hereto.
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17. It is the intention of this Council to create a special reserve
fund pursuant to and as authorized by Part 16 of Division 10 of the Streets
and Highways Code of the State of California.
On motion of Councilwoman Dovey , Seconded by Councilman Settle
and on the following roll call vote:
AYES: Councilmembers Dovey, Settle, Dunin, Griffin and Mayor Billig
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16th day of November
1982.
ATTEST:
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CITY_ CLERK. PAME OGES '
APPROVED:
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City Administrative Officer
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City Attorney
ty Ep*neer
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JKHW:SRC:cp 11/4/82 6198C
a) The acquisition of the real property within the City of San Luis Obispo,
County of San Luis Obispo, designated Assessor's Parcel Nos. 02422 -13,
18, 20 and 21 and bounded by Broad Street on the northeast and Marsh
Street on the southeast; the removal therefrom of all existing
improvements, including buildings and parking facilities; the clearing
and grubbing of said real property and the installation thereon of a
municipal parking lot to be owned, operated and maintained by the City
of San Luis Obispo, consisting of approximately 90 parking spaces,
together with all paving, sidewalks, driveway ramps, parking meters,
striping, wheel stops, signs, landscaping, including street trees,
shrubs and irrigation systems as required and lighting facilities as
required; and
b) The expenses of relocation of existing owners of properties as described
above; and
c) The acquisition of all property, easements, rights of way, licenses and
permits and the performing of all work auxiliary to any of the above and
necessary to complete the same.
EXHIBIT A
Downtown Parking Assessment District of 1983
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