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Home My WebLink About03/15/1988, 6 - CONFIRMATION OF COSTS FOR SIDEWALK CONSTRUCTION CONDUCTED UNDER THE 1911 ACT A U city of San tins os�spo MMarch�5, 1 COUNCIL AGENDA REPORT IWAGN ITEM NUMBER: FROM: David F. Romero, Public Works Director SUBJEC'onfirmation of Costs for Sidewalk Construction Conducted under the 1911 Act CAO RECOMMENDATION: Adopt Resolution Confirming Costs BACKGROUND: At its July 16, 1987 meeting, the City )Council approved Resolution No. 6031 (1986 Series) directing staff to proceed with curb, gutter and sidewalk improvements at various locations throughout the community, following the provisions of the 1911 Act. This second phase of the work deals with curb, gutter and sidewalk installation on Pismo, Walker, Upham, Woodbridge, Ella, Stenner, Casa, Cerro Romauldo, Grove, Murray, and Ruth Streets. Many property owners installed the required improvements at their own expense, however, for those who did not make the installation, the city received bids and contracted to have the work done. This involved a total of 13 properties in this area for an approximate cost of $21,330.34. The provisions of the 1911 Act call for a public hearing by the legislative body to confirm cost of the work. At this time the Council may hear objections from property owners and make adjustments to the proposed assessments as the Council feels are appropriate. Upon completion of the hearing, the Council should adopt a resolution confirming the costs and creating a lien against the properties. (Exhibit A) In 1984 the City Council determined that assessments greater than $1000 which were required by the city under its own improvement ordinance, could be funded over a three year period at an interest rate not to exceed 10%. At the time this ordinance was adopted, the Council indicated that it wished to have these provisions extend to the 1911 Act. The provisions of the 1911 Act, however, limit the interest rate to 7$, rather than the 10% of the city ordinance. Therefore, staff has followed the 7% interest rate allowed by the 1911 Act. Property owners were notified of this option and were requested to inform the city of their interest in taking advantage of this option prior to tonight's meeting. Those property owners who have requested the three year financing are shown on Exhibit B. ALTERNATIVES: Alternative 1: Council may adopt the resolution confirming costs thereby permitting the city to collect funds advanced for sidewalk construction which is the responsibility of the adjacent property owner. / ��n�►�►i�lllll�llP�'"'�gl�lll City Of San IUi s OBISPO WNS COUNCIL AGENDA REPORT sidewalk construction page 2 Alternative 2: Council may fail to adopt the resolution thereby stopping the collection procedure with the ultimate loss of approximately $21, 330.34. FISCAL IMPACT: Possible loss of $21, 330.34 of funds advanced to pay contractors to conduct this work, which is the responsibility of the property owners. RECOMMENDATION: Staff recommends that Council, after hearing public testimony, make whatever adjustments it feels are appropriate for each individual property; adopt the resolution confirming costs and permitting unpaid costs to be turned over to the tax collector to be placed as a lien against the property and collected with the taxes. Attachments: Resolution Exhibits A & B 1911 Act provisions swconst2/dfr#lo j7 (0-2./ RESOLUTION NO. (1988 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CONFIRMING COSTS OF SIDEWALKS CONSTRUCTED UNDER THE 1911 ACT BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to public hearings duly held, the Council hereby determines that there are no objections or protests to the costs of construction submitted by the Superintendent of Streets and hereby confirms said costs as submitted and as set forth hereafter. SECTION 2. That the hereinafter listed construction costs shall be paid within five (5) days after the date hereof and any such costs remaining unpaid thereafter shall be turned over to the City Tax Collector to be placed as a lien against the property and collected with the city taxes, and subject to the same penalties and costs if not paid on the first installment. The property owners, addresses and construction costs are shown on Exhibit "A". SECTION 3. If the assessment is $1000 or more, payment may be made in three annual installments at seven percent (7%) interest subject to all the curative clauses and powers of the 1911 Act. The property owners addresses and construction costs are shown in Exhibit Resolution No. 1988 Series On motion of , seconded by , and on the following roll call vote: AYES: NOES: ABSENT: the foregoing Resolution was passed and adopted this day of 1988. Mayor ATTEST: City Clerk APPROVED: City A inistrative officer City orrAdy 12 Finance Director Public Works Director 64 propown/dfr#7 LRAFT Exhibit A Owner location Amount R. & K. Dettmer 640 High Street $ 760.00 (Upbam Street side) F. & R. M. Abitia 299 Cerro Romauldo 975.00 B. & P. Gin 157-59-63-65 Casa Street 1,187.00 Richard L. Walker, Tr. 190 Sterner Street 1,222.00 W. R. Spencer, Jr. 1222 Ella Street 1,236.00 Q. B. J. M. & M. M. Cattaneo 1216 Ella Street 2,122.00 John Magee 1206 Murray and Stenner 3,587.50 Street side stweelb ( t side! dh b/heller/exhibitA AS 3/9/88 - REVISIONS WILL BE SUBMITTED ON 3/15/88 EXHIBIT B Owner Location Amount W. & N.E. 'Thurmond 139-41-51-53 Casa Street $19194.00 K. & D. L. Bittleson 638 Woodbridge Street 1,222.00 R.E. & M.E. McCorle 132-136 Stenner Street 1,210.00 J.M. and P.A. Rappa 2022 Ruth Street 1,287.00 (Ella Street side) J.A. & D.M. Dana 130 High Street 5,552.84 lC/ SIDEWALKS AND CURBS § 5890 be levied to pay the cost thereof. .Any such report may include [ %vork done in front of any number of parcels of property, whether :7 contiguous to each other or not. r (Added by Stats.1945,c.1339,p.2510, § 1.) ti. § 5883. lioaring on report; confirmation; finality of decision Upon the day and hour fixed for the hearing the legislative body shall hear and pass upon the report of the superintendent of streets, together with any objections or protests which may.be raised by any of the property owners liable to be assessed for such construction and any other interested persons. Thereupon the legislative body may make such revision, correction or modifications in the report as it may deem just, after which, by motion or resolution, the report as submitted, or as revised, corrected or modified, shall be confirmed- The legislative body may adjourn the hearings from time to time. The decisions of the legislative body on all protests and objections which may be made,shall be final and conclusive. (Added by Stats.1945,c.1339,p.2510, § 1.) Library References Municipal Carporntione C=2SSM. C.J.S. Drunicit.nl Corporations i 10.43 Article 3 COLLECTION OF COST OF CONSTRUCTION Sea. 5890. Assessment of cost; lien. 589I. Notice of lien; form; filing. 5892. Effect of recording notice; consolidation of claims; statute of limitations; foreclosure of lien. 5893. Alternative method of collection; inclusion of claim in next reg- ular tax bill; notice of lien; collection. 5894. Time and manner of collection; penalties; interest; foreclosure. 5895. Payment of assessments; annual installments; interest. j 5895.1 Bond issue; time for cash payment; rate of interest. Article 3 was added by Stats.1945,c.1389,p.2510, § I. I I § 5890. Assessment of cost; lien The cost of the construction may be assessed by the legislative body against the parcel of property fronting upon the sidewalks or curbs so constructed, and such cost so assessed, if not paid within five days after its confirmation by the legislative body, shall constitute a special assessment against that parcel of property, and shall be a lien 7 349 MEETING- . AGENDA �c� lli �wy es ITEM # Cc- Exhibit A Jed �0�7�� Oar Location Amrnmt �,/R. & K. Dettmer 640 High Street $ 760.00 (Upham Street side) ✓F. & R. M. Abitia 299 Cerro Romanldo 975.00 B. & P. Gin/4, 157-59-63-65 Casa Street 1,187.00 . 1 t 1, 94:00 "Richard L. Walker, Tr. 190 Sterner Street 1,222.00 638 t A. R. Spencer, Jr. 1222 Ella Street. 1,236.00 * k 1591 Mill Street 1,250.00 (Grave Street side) 1 1-x,310.00 , „- Street side)- 1216 _--__- sees 3-M-& M-M�Catta�o� 1216 Ella Street 2,122.00 .John Magee 1206 Murray and Stenner 3,587.50 Street side - 130 Rio% Street 5 " .s#de}-- dh b/heller/exhibitA