HomeMy WebLinkAbout1990-06-05; City Council; Resolution 90-172I_
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RESOLUTION NO. 90-172
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS
IN A PROPOSED ASSESSMENT DISTRICT; DECLARING
THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND PRO-
VIDING FOR THE ISSUANCE OF BONDS
7 THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
8 HEREBY RESOLVE AS FOLLOWS:
9 SECTION 1. The public interest and convenience require
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Division 12 of the Streets and Highways Code of the Stat 11
it is the intention of this body, pursuant to the provisior
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(hereinafter referred to as the "Assessment District"). 16
known and designated as ASSESSMENT DISTRICT NO. 88-1 (ALGA 15
tenances and appurtenant work, in a special assessment dis 14
construction of certain public improvements, together with a
1'7 DESCRIPTION OF IMPROVEMENTS
la A. The construction and installation of ce
19 street improvements, including grading, paving, curbs
20 gutters, sewer, water, drainage, street lights and ut ll
21 ll installation and undergrounding, together with appurtenance!
22 II acquisition where necessary, to serve the properties lo
23llwithin the boundaries of this Assessment District.
24 II B. Said streets, rights-of-way and ease
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with these proceedings.
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2 C. All of said work and improvements are t
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forms, sizes, dimensions and materials, and at the lines, g1 4
constructed at the places and in the particular locations, of
D. The description of the improvements and
and specifications to be made therefor, as hereinafter providt 6
and elevations as shown and delineated upon the plans, proj 5
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nature. All items of work do not necessarily extend for the 9
termini of the work contained in this Resolution are generz
10 length of the description thereof. The plans and profiles 0:
11 work as contained in the Engineer's "Report" shall be contro
12 as to the correct and detailed description thereof.
13 11 E. Whenever any public way is herein ref
14 I/ to as running between two public ways, or from or to any p
15 11 way, the intersections of the public ways referred tc
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to a grade different from that formerly existing, and thz 20
many cases said work and improvement will bring the finished 19
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be done therein. 17
included to the extent that work shall be shown on the plal
said work and improvement chargeable upon a district, which 27
District, and this legislative body hereby makes the expens 26
benefit to the properties and land within the Asses: 25
SECTION 2. That said improvements and work are of d 24
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done to said changed grades. z2
said extent, said grades are hereby changed and said work wi 21
F. Notice is hereby given of the fact thi
DESCRIPTION OF ASSESSMENT DISTRICT
28 Assessment District is hereby declared to be the Asses
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2 B. An estimate of the cost of the prol
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expenses in connection therewith; 4
works of improvement, including the cost of the incidt
5 C. A diagram showing the Assessment Dist
6 above referred to, which shall also show the boundaries
7 dimensions of the respective subdivisions of land within
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passage of the Resolution of Intention, each of which sub( 9
Assessment District, as the same existed at the time of
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14 benefits to be received by such subdivisions, respectively,
15 said improvement. Said assessment shall refer to such sub
16 sions upon said diagram by the respective numbers thereof;
sions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amoui
the assessable costs and expenses of the proposed improvl
upon the several divisions of land in proportion to the esti~
17 E. The description of the works of improv
18 to be constructed under these proceedings, and acquisition,
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necessary-
When any portion or percentage of the cost
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said work and improvements, and said assessment shall in 24
first be deducted from the total estimated costs and expenst 23
than assessments, the amount of such portion or percentage z2
expenses of the improvements is to be paid from sources
assessment shall refer to said subdivisions by their respe 26
only the remainder of the estimated costs and expenses. 25
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numbers as assigned pursuant to Subsection D. of this Section
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2 District benefited by said work and improvements and t
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assessed to pay the costs and expenses thereof, including inc.
tal expenses and costs and which is described as follows:
All that certain territory in the Dist
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exhibiting the property affected or benefited by or t 7
included within the exterior boundary lines shown on the
as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 10
ments in the Assessment District, said map titled and ident: 9
assessed to pay the costs and expenses of said work and imp] 8
diagram is on file with the transcript of these proceed: 12
ROAD)", and which map was heretofore approved and which sai 11
13 I/ EXCEPTING therefrom the area shown within and delineated
14 said map or plat hereinabove referred to, the area of all PI
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streets, public avenues, public lanes, public roads, PI
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drives, public courts, public alleys, and all easements
particulars as to the boundaries of the Assessment Distr l8
rights-of-way therein contained belonging to the public. For
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reference is hereby made to said boundary map hereto
previously approved, and for a complete description of
Assessment District, the said plat and proposed boundary ma
file shall govern.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is he
referred to the ASSESSMENT ENGINEER, who is hereby directec
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make and file the report in writing containing the following:
improvements; 28
A. Plans and specifications of the prop
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BONDS
SECTION 4. Notice is hereby given that serial bond:
represent the unpaid assessments, and bear interest at the
of not to exceed the current legal maximum rate of 12% per ar
will be issued hereunder in the manner provided in the "Imp1
ment Bond Act of 1915", being Division 10 of the Streets
Highways Code of the State of California, which bonds E
mature a maximum of and not to exceed NINETEEN (19) YEARS
the second day of September next succeeding twelve (12) mc
from their date. The provisions of Part 11.1 of said
providing an alternative procedure for the advance paymen
assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing
year shall be other than an amount equal to an even annual pro
tion of the aggregate principal of the bonds, and the amoun
principal maturing in each year, plus the amount of inte
payable in that year, will be generally an aggregate amount
is equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets
Highways Code of the State of California, specifically Sec
10603, the Treasurer is hereby designated as the officer
collect and receive the assessments during the cash collec
period. Said bonds further shall be serviced by the Treasure
designated Paying Agent.
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~ "MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for
issuance of bonds, all of said improvements shall be made
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Act of 1913”, being Division 12 of the Streets and Highways
of the State of California.
5 SURPLUS FUNDS
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SECTION 6. That if any excess shall be realized from
assessment, it shall be used, in such amounts as the legisli
body may determine, in accordance with the provisions of lav
one or more of the following purposes:
A. Transfer to the general fund; provided
the amount of any such transfer shall not exceed the less€
One Thousand Dollars ($1,000.00) or five percent (5%) of
total from the Improvement Fund;
B. As a credit upon the assessment and
supplemental assessment; or
C. For the maintenance of the improvement.
SPECIAL FUND
SECTION 7. The legislative body hereby establish
special improvement fund identified and designated by the nal
this Assessment District, and into said Fund monies may be t
21 ferred at any time to expedite the making of the improve]
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herein authorized, and any such advancement of funds is a
and shall be repaid out of the proceeds of the sale of bonc
authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public intc
will not be served by allowing the property owners to takc
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contract for the construction of the improvements, and that
authorized by law, no notice of award of contract shal
41/published.
5 GRADES
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SECTION 9. That notice is hereby given that the grad
which the work shall be done is to be shown on the plans
8 /I profiles therefor, which grade may vary from the existing gr;
9 11 The work herein contemplated shall be done to the grade
lo II indicated on the plans and specifications, to which referenc
11 II made for a description of the grade at which the work is t
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done. Any objections or protests to the proposed grade shal
made at the public hearing to be conducted under t
proceedings.
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PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to t
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I proceedings, including information relating to protest procec
your attention is directed to the person designated below:
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RICHARD ALLEN, CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: (619) 438-1161
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PUBLIC PROPERTY
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SECTION 11. All public property in the use and perforn
of a public function shall be omitted from assessment in 1
proceedings unless expressly provided and listed herein.
ACQUISITION
SECTION 12. That the public interest and conven:
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order to complete the system of improvements, and any impr
ments to be acquired shall be installed and in place prior tc
adoption of this Resolution of Intention.
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NO CITY LIABILITY
SECTION 13. This legislative body hereby further decl
7 not to obligate itself to advance available funds from
8 Treasury to cure any deficiency which may occur in the
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redemption fund. This determination is made pursuant to
authority of Section 8769(b) of the Streets and Highways Cod
the State of California, and said determination shall furthe
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set forth in the text of the bonds issued pursuant to
"Improvement Bond Act of 1915".
PETITION
SECTION 14. That a petition signed by property ow
representing more than 60% in area of the property subjeci
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assessment for said improvement has been signed and filed
the legislative body, and said written petition expre
contains a waiver of any of the proceedings and limitations
set forth under Division 4 of the Streets and Highways Code
the State of California, the "Special Assessment Investigat
22 ll Limitation and Majority Protest Act of 1931".
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WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be in
25 best public interest and convenience and more economical to
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private propel level or size between the improvements and the
any disparity certain work on private property to eliminate
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2 The actual cost of such work is to be added to the assessmer
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the lot on which the work is done, and no work of this natur
to be performed until the written consent of the property c
51Iis first obtained.
i3 /I ANNUAL ADMINISTRATIVE ASSESSMENT
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SECTION 16. It is hereby declared that this legislz
body proposes to levy an annual assessment pursuant to Sec
10204 of the Streets and Highways Code of the State of Cal:
nia, said annual assessment to pay costs incurred by the Citl
not otherwise reimbursed which result from the administratior
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collection of assessments or from the administration or regi:
tion of any associated bonds and reserve of other related fun(
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PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 5th
of June , 1990, by the following vote, to wil
AYES: Council Members Lewis, Mamaux and Larson
NOES: None
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ABSENT: Council Members Kulch
CLAUDE A. L"E#IS, Mayor -
ATTEST:
(2.2eGTA A. 0 qp, L
ALETHA L. RAUTENKRANZ, City klerk
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(SEAL)
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