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HomeMy WebLinkAbout1992-07-07; City Council; Resolution 92-217II 0 0 1 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 RESOLUTION NO. 92-217 CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT D,ISTRICT 5 Streets and Highways Code of the State of California, for the 8 "Municipal Improvement Act of 1913", being Division 12 of the 7 ment district, pursuant to the terms and provisions of the 6 CALIFORNIAI is considering the formation of a special assess- installation of certain public works of improvement, together 9 10 with appurtenances and appurtenant work, said special assess- 11 ment district to be known and designated as ASSESSMENT DISTRICT 12 NO. 91-1 (RANCHO SANTA FE ROAD) (hereinafter referred to as the 13 "Assessment District") ; and, 14 15 16 17 1s 19 20 21 22 WHEREAS, at this time, this legislative body is desirous of making the required appointments and designating persons to perform certain duties, in order to allow the proceedings to go forward to completion in accordance with the provisions of law. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the CITY ENGINEER is hereby appointed to 23 Streets and Highways Code of the State of California, for the 26 "Municipal Improvement Act of 1913", being Division 12 of the 25 of Streets as said duties are specified and designated in the 24 perform all of the duti.es and functions of the Superintendent Assessment District. 27 28 0 1 2 3 SECTION 3. That the place for recordation of the assess- ment roll and diagram shall be in the Office of the Superinten- dent of Streets, and said assessment roll and diagram, upon 4 5 6 7 8 9 10 13 12 13 14 15 16 17 18 39 20 21 22 23 24 25 26 27 recordation, shall be kept as a permanent record. SECTION 4. That the CARLSBAD JOURNAL is hereby designated as the newspaper for all publications as required by law and as necessary for completion of this Assessment District. SECTION 5. That NBS/LOWRY is hereby appointed the Assess- ment Engineer for said proceedings, and said Assessment Engineer shall perform all of the duties and responsibilities as set forth by law as they relate to said Assessment District. SECTION 6. That BROWN, DIVEN & HENTSCHKE, Attorneys at Law, is hereby appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing an approving opinion attesting to the validity of the proceedings and the enforceability of the bonds. SECTION 7. That KADIE-JENSEN, JOHNSON & BODNAR is hereby appointed as the person to obtain a proposal or bid for the sale of bonds to be issued in order to finance said proceed- ings, and said bonds are to be issued pursuant to the terms and provisions of the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California. SECTION 8. That this legislative body hereby establishes a special IMPROVEMENT FUND designated by the name and number of the Assessment District, and into said fund shall be placed all proceeds from the sale of bonds and cash collections. In order 28 e m 1 to expedite the improvements or acquisition under these proceed- *i1 ings and as authorized by law, funds from any available source 3 4 5 6 may be transferred into said special fund. Any funds trans- ferred are a loan to the fund and shall be repaid out of the proceeds of the sale of bonds, including authorized incidental expenses, as well as costs for the installation of the autho- 711 rized public improvements, all as required and authorized by 811 law, and specifically Section 10210 of the Streets and Highways 91 I Code of the State of California. 10 11 12 13 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City council held on the 7th day of July I 1992, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton and Nygaard 1411 NOES : None 15 16 17 18 ABSENT : Council Member Kulchin 19 I ATTEST: 20 "U P4 ALETHA I;. RAUTENKRANZ, City Clbrk (SEAL) 21 22 23 24 25 26 27 28