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HomeMy WebLinkAbout55-08 • • RESOLUTION NO. 55-08 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS OF INTENTION TO MAKE ACQUISITIONS AND IMPROVEMENTS West Loyola Sewer Assessment District No. 1 WHEREAS, the City Council (the "Council") of the Town of Los Altos Hills (the "Town"), County of Santa Clara (the "County"), State of California, wishes to commence proceedings in and for the Town's proposed West Loyola Sewer Assessment District No. 1 (the "Assessment District"). NOW, THEREFORE, BE IT RESOLVED by the Council of the Town as follows: 1. Intention. The public interest, convenience and necessity require, and that it intends to order the making of the acquisitions and improvements described in Exhibit "A" (the "Improvements") attached hereto and made a part hereof in and for the Assessment District. 2. Law Applicable. Except as herein otherwise provided for the issuance of bonds, the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code of California (the "Act") shall apply. 3. Bonds. Serial and/or term improvement bonds (the "Bonds") to represent unpaid assessments levied under the Act for the Assessment District will be issued under the Improvement Bond Act of 1915, Division 10 of the California Streets and Highways Code (the "Bond Law"). The Bonds shall be issued in such series and shall mature in such principal amounts and at such times as shall be determined by this Council at the time of the issuance and sale of the Bonds, but in any case the final maturity of the Bonds may not occur later than 39 years from the second day of September next following the date the Bonds are issued, and the average annual interest rate on the Bonds may not exceed 6.80%. The provisions of Part 11.1 of the Bond Law shall apply to the calling of the Bonds. It is the intention of this Council to create a special reserve fund for the Bonds under Part 16 of the Bond Law. The Town will not advance available surplus funds from the Town treasury to cure any deficiency in the redemption fund to be created with respect to the bonds; provided, however, that this determination shall not prevent the Town from, in its sole discretion, so advancing funds. The Bonds may be refunded under Division 11.5 of the California Streets and Highways Code or other applicable laws permitting refunding of the Bonds, upon the conditions specified by and at the determination of the Council. 4. Special Benefit and Boundary Map. In the opinion of this Council, the Improvements are not of general or ordinary public benefit, but rather are only of special benefit to the lands within the Assessment District. The costs and expenses of the Improvements are chargeable upon the 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. The map indicates by a boundary line the extent of the territory proposed to be included in Assessment District and, except as modified, shall describe the extent of the Assessment District. 5. Public Property. This Council declares that all public streets, highways, lanes and alleys, and properties owned by any public agency or department of the United States of 1 I • America, the State of California, the County, any city or special district, in the Assessment District and used for a public function shall be omitted from the assessment unless and to the extent found to be specially benefited by the Improvements. 6. Engineer's Report. The Improvements are hereby referred to Wilsey Ham, Foster City, California, being a competent firm employed for the purpose hereof as Engineer of Work for the Assessment District (the "Engineer of Work"), and the Engineer of Work is hereby directed to make and file with the City Clerk a report in writing (the "Engineer's Report"), presenting the following: (a) Maps and descriptions of the lands and easements to be acquired, if any. (b) Plans and specifications of the Improvements, if not already installed, which plans and specifications need not be detailed and are sufficient if they show or describe the general nature, location, and extent of the Improvements. If the Assessment District is divided into zones, the plans and specifications shall indicate the class and the type of Improvements to be provided for each zone. The plans or specifications may be prepared as separate documents, or either or both may be incorporated in the Engineer's Report as a combined document. (c) A general description of works or appliances already installed and any other property necessary or convenient for the operation of the Improvements, if the works, appliances, or property are to be acquired as part of the Improvements. (d) An estimate of the cost of the Improvements including the cost of lands, rights-of-way, easements, and incidental expenses in connection with the Improvements, including any cost of issuing, selling and delivering the Bonds. (e) A diagram showing, as they existed at the time of the passage of this Resolution, all of the following: (i) The exterior boundaries of the Assessment District. (ii) The boundaries of any zones within the Assessment District. (iii) The lines and dimensions of each parcel of land within the Assessment District. The diagram may refer to the county assessor's maps for a detailed description of the lines and dimensions of any parcels, in which case those maps shall govern for all details concerning the lines and dimensions of the parcels. Each parcel shall be given a separate number upon the diagram. (f) A proposed assessment of the total amount of the cost and expenses of the Improvements upon the parcels or subdivisions of land in the Assessment District in proportion to the estimated special benefits to be received by each subdivision, respectively, from the Improvements. The assessment shall refer to the subdivisions by their respective numbers as assigned pursuant to subdivision (e). When any portion of the costs of the Improvements is to be paid from sources other than assessments, the amount of such portion shall first be deducted from the total estimated cost of the Improvements and the assessment shall include only the remainder of the estimated cost. 2 • • (g) A proposed maximum annual assessment upon each of the several subdivisions of land in the Assessment District to pay cost incurred by the Town and not otherwise reimbursed resulting from the administration and collection of assessments or from administration or registration of any associated bonds and reserve or other related funds. 7. Division 4. This Council will comply with Division 4 of the Streets and Highways Code of California under Part 7.5 of it. The Engineer of Work shall include in the Engineer's Report the information required under Part 7.5, and for which the total true value shall be estimated as the full cash value of the parcels of land in the Assessment District as shown on the last equalized assessment roll of the County, or alternatively, by means of a current appraisal on such terms as may be prescribed by this Council. 8. Use of Surplus. Any excess funds realized from the assessment, including without limitation the proceeds of the Bonds, shall be used, in such amounts as this Council may determine, in accordance with Section 10427 and/or other applicable provisions of the Act. 9. Contracts with other Public Agencies. 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 the Town, or of any public utility, it is the intention of this Council to enter into one or more agreements with one or more public agencies or public utilities under Chapter 2 (commencing with Section 10100) of the Act for the Improvements, to provide for the construction, ownership, operation and/or maintenance by such agency or utility of the Improvements, and for the providing of service to the properties in the Assessment District 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. 10. No Private Contracts. This Council determines that the public interest will not be served by allowing the property owners in the Assessment District to take any contract for the construction of the improvements and therefore that, under Section 20487 of the California Public Contract Code, no notice of award of contract shall be published. 11. Location of and Grades for Improvements. All of the 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 and approved by the Town. This Council does hereby adopt and establish as the official grades for the Improvements the grades and elevations to be shown upon the 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 Town. Notice is hereby given of the fact that if the Improvements will result in a grade different from that formerly existing, the grades are hereby changed and the Improvements will be done to the changed grades. 12. Work on Private Property. In cases where there is any disparity in level or size between the Improvements and private property and where it is more economical to eliminate such disparity by work on the 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, the work on private property 3 • • shall, with the written consent of the owner of the property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which the work is to be done. 13. Descriptions - General. The descriptions of the Improvements and the termini of the work for them 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 Improvements and maps and descriptions referenced in the Engineer's Report, herein directed to be made and filed, shall be controlling as to the correct and detailed description thereof. 14. Professionals Appointed. The Town hereby appoints Jones Hall, A Professional Law Corporation, San Francisco, California, as bond counsel and disclosure counsel, and Stone & Youngberg, LLC, San Francisco, California, as underwriter. The Mayor, the City Manager and/or the City Attorney are hereby authorized and directed to enter into appropriate agreements with such firms for their services to the Town for the Assessment District and the issuance, sale and delivery of the Bonds. 15. Contact Person. Richard Chiu, the Public Works Director of the Town, 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 Town Hall, 26379 Fremont Road, Los Altos Hills, California 94022; Telephone: 650-941-7222; Fax: 650-941-3160; E-mail: rchiu@losaltoshills.ca.gov. 16. Reimbursement Declaration. The Bonds are "Obligations" under United States Income Tax Regulations section 1.150-2 (the "Regulations") issued to finance all or a portion of the costs of the Improvements. The Council hereby declares that the Town reasonably expects to use a portion of the proceeds of the Bonds to reimburse the Town for expenditures for the Improvements paid before the issuance of the Bonds. This section of this resolution shall be solely for the purpose of complying with the provisions of the Regulations and shall not be deemed an approval of all or any part of the Assessment District or a commitment on the part of this Council to issue any or all of the Bonds or otherwise provide for financing of the Improvements. 17. Effective. This resolution shall be effective upon its adoption by the Council. * * * * ** * * ** * * * * * * * * PASSED AND ADOPT,) at a r gular rpeeting of the City Council of the Town of Los Altos Hills duly held on the grid-ay of u 6 , 2008, by the following vote: Ayes: Mayor Mordo, Mayor Pro Tern Warshawsky, Councilmember Jones, Councilmember Kerr, and Councilmember O'Malley Noes: None Abstain: None Absent: -,None Mayor ATTEST: 4d,k 4 EXHIBIT A TOWN OF LOS ALTOS HILLS West Loyola Sewer Assessment District No. 1 DESCRIPTION OF IMPROVEMENTS Within the Town of Los Altos Hills (the "Town"), County of Santa Clara, State of California, the construction and acquisition of the following public improvements (the "Improvements"), including the acquisition of all lands, easements, rights-of-way, licenses, franchises, and permits and the construction of all auxiliary work necessary and/or convenient to the accomplishment thereof in accordance with plans and specifications to be approved by the Town: The Improvements will consist of new public sanitary sewer improvements installed in the Town of Los Altos Hills right-of-way to serve residents within the Assessment District on West Loyola Drive, Berkshire Drive, Eloise Circle, and Chardonnay Lane. The Improvements will include approximately 6480 linear feet of 8" public sanitary sewer main and manholes, with 4-inch service laterals extended approximately to the property lines for the parcels to be served. The new sewer main will connect to the existing sewer system located on West Loyola Drive, approximately 450 feet from the Eastbrook Avenue intersection. The cost of the Improvements includes all planning, design, construction administration and general administration services, the acquisition of all necessary easements and rights of way, the acquisition of licenses, franchises and permits, and the construction of all ancillary improvements that may be necessary for, or convenient to the construction of the Improvements. A-1