HomeMy WebLinkAbout1980-04-01; City Council; Resolution 6130RESOLUTION NO. 6130
RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION
TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS
TOGETHER WITH APPURTENANCES AND APPURTENANT WORK
IN COPWECTION THEREWITH IN A PROPOSED ASSESSMENT
DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF
THE "MUNICIPAL IWROVEMENT ACT OF 1913"; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDIMARY
BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AN0 EXPENSES THEREOF; DETERYINING
LIQUIDATED II)AE?AGRS; AND PROVIDING FOR THE ISSUANCE
OF BONDS.
THE CITY COUNCIL OF THE
CITY OF CARLSBAD,
STATE OF CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1, The public interest and convenience require, and it is the intention of this body, pursuant to the pro-
visions 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 improvements, together with appurtenances
and appurtenant work, in a special assessment dist-
rict known and designated as
ASSESSMENT DISTRICT NO. 79-1
[BRISTOL COVE ASSESSMENT DISTRICT]
(hereinafter referred to as the "Assessment District"),
DESCRIPTION OF IMPROVZMENTS
A.
B.
C.
The construction of certain public drainage im- provements and other public improvements, toge-
ther 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, refe-
rence 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.
Said streets and highways are more particularly
shown in the records of the Office of the County
Recorder and shall be shown upon the plans herein referred to and to be filed with these proceedings,
All of said work and improvements are to be con-
structed at the places and in the particular
locations, of the forms, sizes, dimensions and
materials, and at the lines, grades, and eleva- tions as shown and delineated upon the plans, profiles and specifications to be made therefor,
as hereinafter provided.
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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 r,ot necessarily extent for the full length of the description thereof.
and profiles of the work as contained in the
Enqineer's Report shall be controlling as to the correct and detailed description thereof.
The plans
E. 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 ex-
tent that work shall be shown on the plans to
be done therein.
F. Notice is herebv qiven 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 chanqed and said work will be done to said changed grades.
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
makes the expenses OF said work and improvement
chargeable upon a district, which said Assessment
District is hereby declared to be the District bene- fited by said work and improvement and to be assessed to pay the costs and expenses thereof, including in- cidental expenses and costs, and which is described
as follows:
All that certain territory situated in the
CITY OF CARLSBAD
included within the exterior boundary lines shown on
the plat exhibiting the property affected or bene-
fited by or to be assessed to pay the costs and ex- penses of said work and improvement in the Assessment District, said map titled and identified as
"PROPOSED BOUNDARIES OF
ASSESSiYENT DISTRICT NO. 79-1
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 belongins .to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map of the said Assessment District,
plat and proposed boundary map on file shall govern.
the said
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SECTION 3.
2_ REPORT OF 'ENGINEER
That this proposed improvement is hereby referred to
JOHN F. DAINWOOD, authorized representative of
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 improve- ments;
B. An estimate of the cost of the proposed works of
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 expense of the proposed improve- ment upon the several divisions of land in propor-
tion to the estimated benefits to be received by
such subdivisions, respectively, from said improve-
ment, Said assessment shall refer to such subdi-
visions upon said diagram by the respective numbers
thereof;
E. The description of the works of improvement to be
constructed under these proceedings and acquisi-
tion, where necessary,
When any portion or percentage of the cost and ex-
penses of the 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 work and improve-
ments, and said assessment shall include only the remainder of the estimated cost and expenses,
assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to Subsection D, of this Section,
Said
BONDS
SECTION 4. That it is hereby determined and declared that serial
bonds shall be issued in accordance with Division 7
of the Streets and Highways Code ("Improvement Act of
1911") to represent each assessment of One Hundred
Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement arid
acquisition. The serial bonds shall extend over a
period of nine , ( g ) years from the second day of January next succeeding the next September 1st
following their date. The interest rate on said bonds shall not exceed ten percent (10%) per annum.
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I (b
The principal sum shall become due and payable in
equal annual payments on each October 15th succeeding the September 1st following the date of the bonds
until fully paid.
The first interest payment shall be payable on the
April 15th next succeeding the March 1st or October
15th next succeeding the September lst, as the case may be, next following the date of the bonds.
following interest payments shall each be for six months interest and shall be payable on each fifteenth of April and October, the last interest payment coming
due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to
represent the unpaid assessment,
The
Pursuant to the provisions of the Streets.and Highways Code of the State of California, specifically Section
10603, the City Treasurer is hereby designated as the
officer of said City to collect and receive the assess- ments, during the cash collection period. Said bonds
further shall be serviced and collected by the City
Treasurer.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5, That except as herein otherwise provided for the issu-
ance of bonds, all of said improvements shall be made
and ordered pursuant to the provisions of the "Munici- pal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
SURPLUS FLXDS
SECTION 6. That if any excess shall be realized from the assess-
ment, it shall be used, in such amounts as the City Council may determine, in accordance with the provi-
sions 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 trans-
fer shall not exceed the lesser of One Thousand Dollars ($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
For the maintenance of the improvement. C.
SPECIAL FUND
SECTION 7. That the legislative body hereby establishes a special fund designated
IMPROVEMENT FUND FOR ASSESSBENT DISTRICT NO. 79-1
into which funds may be transferred at any time to expedite the making of the improvement herein autho-
rized and said funds are a loan and shall be repaid
out of the proceeds of the sale of assessments as
authorized by law.
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PRIVATE CONTMCT
SECTION 8. Notice is hereby given that, in the'opinion of the
City Council, the public interest will not be ser- ved by allowing the property owners to take the contract for the construction of the improvements
and that, pursuant to Section 10502.4 of the Streets
and Highways Code of the State of California, no
notice of award of contract shall be published.
GRADES
SECTION 9, That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans
and profiles therefor, which grades may vary from
the existing grades, The work herein contemplated
shall be done to the grades as indicated OR the
plans and specifications for a description of the grade at which the work is to be done.
tions or protests to the proposed grade shall be
made at the public hearing to be conducted under these proceedings.
Any objec-
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these pro- ceedings, including infomation 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:
JOHN F. DAINWOOD
ENGINEER OF WORK
BEMET-DAINWOOD-STURGEON
6150 MISSION GORGE ROAD 8128
SAN DIEGO, CA 92120 (714) 280-4842
DAMAGES FOR DELAY
SECTION 11. 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 contractor liquidated damages in the net amount of
one hundred dollars ($100.00) for each calender day of
say until the work is completed.
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BOND REDEMPTION
SECTION 12. The legislative body further elects and declares
that the redemption provisions of said bonds will
provide a premium of five (5%) percent on the
unmatured principal.
APPROVED and ADOPTED this 1st day of April 1980.
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ATTEST:
CITY OF CARLSBAD
STATE OF CALIFORNIA
CITY OF CAHZSBAD
STATE OF CALIFORNIA
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DESCRIPTION OF IMPROVEMENTS
ASSESSMENT DISTRICT NO. 79-1
THAT THE WORKS OF IMPROVEMENTS AS PROPOSED TO BE CONSTRUCTED
UNDER THESE PROCEEDINGS FOR THIS ASSESSMENT DISTRICT ARE GENERALLY
DESCRIBED AS FOLLOWS:
The construction and installation of a 48" diameter
drainage culvert, together with appurtenances and
appurtenant work in connection therewith, extending
from the existing drainage pipe outlet in JAMES
DRIVE, and extending to the existing 72" drainage
culvert at the intersection of PARK DRIVE and ADAMS
STREET, in the City of Carlsbad, Said drainage
facility is designed to benefit and protect all
abutting lands from erosion and inundation, as well
as alleviate deposition in the BRISTOL COVE CHANNEL
For particulars as to the alignment of the proposed
. drainage culvert, reference is made to the proposed
BOUNDARY MAP as previously adopted by this City
Council.
EXHIBIT "A"
e. . PROPOSED BOUNDARIES OF *- BpISTOL COVE
1913 ACT ASSESSMENT DISTRICT 79-1
CITY . OF CARLSBAD, CALIFORNIA
LEGEND
RSSESSMENT PARCEL NQ 0
48- DIP. CULVERT --
CTfANOUT --
3 la-/- 73
8EM ENT- 0 A I N W 00 0 - ST U RG EON ENGINEER OF WORK
CIVIL ENGINEERS v SMCE~ I OF I SEE1 -. c-"
I.
0
0 0
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) SS.
CITY OF CARLSBAD 1
I, ALETHA L. RAUTENKRfiNZ, City Clerk o€ the City of Carlsbad,
California, DO HBREBY CERTIFY that the foregoing Resolution,
being Resolution No, 6130 , 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 meeting of said City Council, held on the reuul ar 1st day of , 1980, and that the same was passed and adopt- following vote, to-wit :
AYES :
NOES :
ABSENT:
COUNCILMEN: Packard, Skotnicki , Anear, Lewis and Council woman Casler
COUNCILMEN : None
COUNCILMEN : None
, 19 80, at CARLSBAD, - Executed this 2nd day of April
California.
CITY OF CARLSBAD d
STATE OF CALIFORNIA