HomeMy WebLinkAbout1990-01-16; City Council; Resolution 90-11r /I W w
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RESOLUTION NO. 9 O - 11
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING AND AUTHORIZING
EXECUTION OF SPECIAL ASSESSMENT DISTRICT
ACOUISITION/FINANCING AGREEMENT.
WHEREAS, the City Council of the City of Carlsbad, California, is considering the
of a special assessment district under the terms and provisions of the "Municipal Improv
of 1913", being Division 12 of the Streets and Highways Code of the State of Californ
construction of certain public works of improvement in a special assessment dis
assessment district known and designated as ASSESSMENT DISTRICT NO. 88-1 (AI
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, the purpose of the formation of the Assessment District is for the const
the certain public improvements; and,
WHEREAS, the Streets and Highways Code of the State of California, specil
"Municipal Improvement Act of 1913, expressly authorizes the acquisition of any imp
that are authorized to be constructed under said law, and the property owner, in order t
in a timely way with his development, desires to construct and/or cause the construction
works of improvement prior to the adoption of the Resolution of Intention; and,
WHEREAS, property owner and City are also in agreement that certain of the publi
may be bid and awarded prior to the issuance and delivery of the bonds, so long a:
owner deposits monies and/or a security instrument satisfactory to the City to gua~
payment of any costs and expenses relating to said construction of improvements; and
WHEREAS, at this time there has been submitted to this City Council for review and
an AcquisitionlFinancing Agreement setting forth certain terms and conditions, as well as
prices and quantities of work to be installed and financed pursuant to the above-
Agreement.
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the Acquisition/Financing Agreement, as submitted for the :
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remain for public inspection. 7
SECTION 3. That a copy of said Agreement shall be kept on file with the City 6
City Clerk.
Assessment District, is hereby approved, and execution is authorized to be made by the 1
8 SECTION 4. That the Resolution of Intention for the above referenced proceec
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not be adopted until all improvements to be acquired have been installed and are acct
place.
SECTION 5. That final prices to be paid for said improvements shall be
determined by the City to be reasonable, to represent the actual costs and expense
installed works of improvement, including all appropriate incidental expenses. ' SECTION 6. No award of any public works construction contract shall be mar
City until satisfactory guarantees for payment of the works of improvement have been ;
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on the 16th day of January, 1990 by the following vote, to wit: 19
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City COI 18
by property owner and approved by the City Attorney and Bond Counsel.
2o 1 AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and
21 (I NOES: None
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Z5 ATI'EST:
ABSENT: None
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(SEAL)
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