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HomeMy WebLinkAbout1992-07-07; City Council; Resolution 92-2190 0 1 4 COVERING PRELIMINARY DETERMINATION TO ORDER THE 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2 RESOLUTION NO. 92-219 9 8 7 6 ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; 5 POSED ASSESSMENT DISTRICT; ORDERING THE PREPARA- 10 11 12 13 14 15 16 17 18 CARLSBAD, CALIFORNIA, DECLARING INTENTION AND INSTALLATION OF CERTAIN IMPROVEMENTS IN A PRO- TION OF A REPORT DESCRIBING THE DISTRICT TO BE AND PROVIDING FOR THE ISSUANCE OF BONDS THE CITY COUNCIL OF THE CITY OF CARLSBAD, 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 provi- sions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act 1913"), to order the installation of certain public improvements, together with appurtenances and appurtenant work, in a special assess- ment district known and designated as ASSESSMENT DISTRICT NO. 91-1 (RANCHO SANTA FE ROAD) (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS 19 20 21 22 23 24 25 26 27 A. The improvements are generally described as the construction and installation of public street improve- ments, including grading, paving, curbs and gutters, sidewalks, drainage and flood control facilities, sewer, water, electrical and communication improvements, including street lights and landscaping, together with appurtenances and acquisi.tion of rights-of-way a.s necessary in RANCHO SANTA FE ROAD between Melrose Avenue and La Costa Avenue; and between Olivenhain Road and the southerly boundary cf the City; and in - 2s ll e 0 I 2 3 4 5 OLIVENHAIN ROAD between Rancho Santa Fe Road and El Camino Real; and in EL CAMINO REAL between Olivenhain Road and Levante Road. 6 7 E. Said streets, rights-of-way and easements shall be shown upon the plans herein referred to and to be 8 II filed with these proceedings. 9 II C. All of said work and improvements are to 10 II be constructed at the places and in the particular locations, 11 12 of the forms, sizes, dimensions and materials, and at the lines, grades and elevations as shown and delineated upon the 13 II plans, profiles and specifications to be made therefor, as 14 II hereinafter provided. 15 I1 D. The description of the improvements and 36 I1 the termini of the work contained in this Resolution are 37 I/ general in nature. All items. of work do not necessarily extenc? 18 ll for the full length of the description thereof. The plans and 19 ll profiles of the work as contained in the Engineer's "Report" 20// shall be controlling as to the correct and detailed description thereof. 21 22 E. Whenever any public way is herein referred 23 I/ to as running bekween two public ways, or from or to any public 24 II way, the intersections of the public ways referred to are 25 ll included to the extent that work shall be shown on the plans to 26 27 be done therein. 28 a e 1 2 3 F. Notice is hereby given 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 4 5 to said extent, said grades are hereby changed and said work will be done to said changed grades. 6 7 DESCRIPTION OF ASSESSMENT DISTRICT I SECTION 2. That said improvements and work are of direct 8 9 10 11 12 13 benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the Assess- ment District benefited by said work and improvements and to be assessed to pay the costs and expenses thereof, including 14 15 incidental expenses and costs and which is described as follows: 16 17 18 19 20 21 22 23 24 25 26 27 All that certain territory in the District included within the exterior boundary lines shown on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improve- ments in the Assessment District, said map titled and identi- fied as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-1 (RANCHO SANTA FE ROAD j " , and which map was heretofore approved and which said map or diagram is on file with the transcript of these proceedings, EXCEPTING therefrom the area shown within and delineated upon said map or plat. hereinabove referred to, the area of all public streets, public avenues, public lanes, pablic roads, public drives, public courts, public alleys, and 28 I/ e W 1 all easements and rights-of-way therein contained belonging to 211 the public. For all particulars as to the boundaries of the 3 4 5 6 Assessment District, reference is hereby made to said boundary map heretofore previously approved, and for a complete descrip- tion of said Assessment District, the said plat and proposed boundary map on file shall govern. 711 REPORT OF ENGINEER I1 8 9 SECTION 3. That this proposed improvement is hereby referred to NBS/LOWRY, who is hereby directed to make and file 1°1 I a combined report as authorized by Section 2961 of the Streets 11 12 13 and Highways Code of the State of California, said report to be in writing and contain the following: 14 15 A. Plans and specifications of proposed improvements; l611 B. An estimate of the cost of the proposed 1711 works of improvement, including the cost of the incidental 18 19 expenses in connection therewith; C. A diagram showing the Assessment District 2oll above referred to, which shall also show the boundaries and 21 ll dimensions of the respective subdivisions of land within said 22/1 Assessment District, as the same existed at the time of the 231 I passage of the Resolution of Intention, each of which subdivi- 24 25 26 sions shall be given a separate number upon said Diagram; D. A proposed assessxent of the total amount of the assessable costs and expenses of the proposed improve- 2711 ment upon the several divisions of land in proportion to the 28 a 0 1 2 3 4 5 estimated benefits to be received by such subdivisions, respec- tively, from said improvement. Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof; E. The description of the works of improve- 6 7 8 9 ment to be installed under these proceedings, and acquisition, where necessary; F. The total amount, as near as may be deter- mined, of the principal sum of any unpaid special assessments 10 11 12 13 previously levied or these proceedings; G. improvements which pending, other than those contemplated in The true value of the parcels of iar,d and are proposed to be assessed. Said true 14 15 16 17 value may be estimated as the full cash value of the parcels as shown upon the last equalized assessment roll of the County. When any portion or percentage o€ the cost and expenses of the improvements is to be paid from sources other 18 19 20 than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said work and improvements, and said assessment 21 22 23 24 25 shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS 26 27 SECTION 4. Notice is hereby given that bonds to represent the unpaid assessments, and bear interest at the rate of not to 28 W 1 2 3 exceed the current legal maximum rate of 12% per annum, will be issued hereunder in the manner provided in the "Improvement Bond Act of 1915", being Division 10 of the Streets and High- 4 5 ways Code of the State of California, which bonds shall mature a maximum of and not to exceed the maximum as permitted by law I 6 7 of THIRTY-NINE (39) YEARS from the second day of September next succeeding twelve (i2) months from their date. The provisions 8 9 10 of Part 11.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds shall apply. 11 12 The principal amount of the bonds maturing each year shall be other than an amount equal to an even annual 13 14 15 proportion of the aggregate principal of the bonds, and the amount of principal maturing in each year, plus the amount of interest payable in that year, will be generally an aggregate 16 17 amount that is equal each year, except for the first year's adjustment. 181/ Pursuant to the provisions of the Streets and 19 20 Highways Code of the State of California, specifically Section 10603, the Treasurer is heraby designated as the officer to 21 22 23 24 25 collect and receive the assessments during the cash collection period. Said bonds further shall be serviced by the Treasurer or designated Paying Agent. Refunding Any bonds issued pursuar,t to these proceedings 26 27 and Division (a) may be refunded, (b) the interest rate on said bonds shall not exceed the naximum interest rate as authorized 28 0 e 1 2 3 for these proceedings, and the number of years to maturity shall not exceed the maximum number as authorized for these bonds unless a public hearing is expressly held as authorized 4 5 6 7 8 pursuant to said Division 11.5, and (c) any adjustments in assessments resulting from any refundings will be done on a pro-rata basis. Any authorized refunding shall be pursuant to the above conditions, and pursuant to the provisions and 911 restrictions of Division 11.5 of the Streets and Highways Code lo/ I of the State of California, commencing with Section 9500, and 11 12 all further conditions shall be set forth in the Bond Indenture to be approved prior to any issuance of bonds. 13 14 15 16 "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal 17 1s 19 20 21 22 23 24 25 26 27 28 Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FUNDS SECTION 6. That if any excess shall be realized from the assessment, it shall be used, in such amounts as the legisla- tive body may determine, in accordance with the provisions of law for one or more of the following purposes: A. Transfer to the general fund; provided that the amount of any such transfer shall not exceed the lesser of One Thousand Dollars ($1,000.00) or five percent (5%) of the total from the Improvement Fund; e m 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. As a credit upon the assessment and any supplemental assessment; C. For the maintenance of the improvement; or D. To call bonds. SPECIAL FUND SECTION 7. The legislative body hereby establishes a special improvement fund identified and designated by the name of this Assessment District, and into said Fund monies may be transferred at any time to expedite the making of the improve- ments herein authorized, and any such advancement of funds is a loan and shall be repaid out of the proceeds of the sale of bonds as authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public interest will not be served by allowing the property owners to take the contract for the installation of the improvements, and that, as authorized by law, 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 grade may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications, to which reference is made for a description of the grade at which the work is to be done. Any objections or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. I/ m 0 1 PROCEEDINGS INQUIRIES 2 3 SECTION 10. For any and all information relating to these proceedings, including information relating to protest proce- 4 5 dure, your attention is directed to the person designated below: 6 7 8 RICHARD ALLEN, CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 I TELEPHONE: (619) 438-4389 911 PUBLIC PROPERTY 10 11 12 SECTION 11. All public property in the use and perfor- mance of a public function shall be omitted from assessment in these proceedings unless expressly provided and listed herein. 131 I ACQUISITION 14 15 16 SECTION 12. That the public interest, convenience and necessity requires that certain land, rights-of-way or ease- ments be obtained in order to allow the works of improvement as 171 I proposed for this Assessment District to be accomplished. he 1s 19 Engineer's "Report", upon adoption, shall set forth a general description of the location and extent of easements and/or land 2oll necessary to be acquired. 21 I/ NO CITY LIABILITY - 221/ SECTION 13. This legislative body hereby further declares 23 24 not to obligate itself to advance available funds from the Treasury to Cure any deficiency which may occur in the bond 25// redemption fund. This determination is made pursuant to the 26 27 28 authority of Section 8769(b) of the Streets and Highways code L m m Ill of the State of California, and said determination shall 2 3 further be set forth in the text of the bonds issued pursuant to the “Improvement Bond Act of 1915”. 411 DIVISION 4 PROCEEDINGS 5 6 SECTION 14. It is the intention of this legislative body to fully comply with the proceedings and provisions of the 711 “Special Assessment Investigation, Limitation and Majority 8 9 10 Protest Act of 1931”, being Division 4 of the Streets and Highways Code of the State of California. A combined Report, as authorized by Section 2961, will be on file with the I11I transcript of these proceedings and open for public inspection. 12 13 WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in the 1411 best public interest and convenience and more economical -to do 15/1 certain work on private property to eliminate any disparity in 16/1 level or size between the improvements and the private property. 1711 The actual cost of such work is to be added to the assessment ‘‘11 on the lot on which the work is done, and no work of this 19 20 21 22 23 nature is to be performed until the written consent of the property owner is first obtained. ANNUAL ADMINISTRATIVE ASSESSMENT SECTION 16. It is hereby declared that this legislative body proposes to levy an annual assessment pursuant to Section 2411 10204 of the Streets and Highways Code of the State of Calkfor- 25 26 27 28 nia, said annual assessment to pay costs incurred by the City and not otherwise reimbursed which result from the administra- tion and collection of assessments or from the administration m 1 2 3 4 5 6 7 8 9 10 11 12 or registration of any associated bonds and reserve of other related funds. PASSEC, 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 NOES : None ABSENT : Council Member Kulchin ATTEST: l3 YLETHA &2%-4 L. RALJTE-hrk 14 15 16 17 18 19 20 21 22 23 24 25 26 27 (SEAL) 28 '.