HomeMy WebLinkAbout1995-07-11; City Council; Resolution 95-205IL
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RESOLUTION NO. 95-205
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION 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 PROVIDING FOR THE ISSUANCE OF BONDS
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District"). 16
(LA COSTA DOWNS) (hereinafter referred to as the "Assess 15
district known and designated as ASSESSMENT DISTRICT NO. 14
appurtenances and appurtenant work, in a special assess 13
installation of certain public improvements, together 12
California (the 'IMunicipal Improvement Act 1913'l), to order 11
Division 12 of the Streets and Highways Code of the Statc 10
it is the intention of this body, pursuant to the provision g
SECTION 1. The public interest and convenience require, 8
HEREBY RESOLVE AS FOLLOWS: 7
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I
DESCRIPTION OF IMPROVEMENTS
18 A. The financing of certain public improven
19 described as street improvements in FRANCISCAN ROAD (CUI
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water facilities, and the undergrounding of electrica; 22
BOULEVARD, including storm drain improvements, sewer 21
sac) , ANACAPA ROAD (cul-de-sac) and portions of DES(
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telephone facilities, together with appurtenances
appurtenant work, all to serve and benefit the prope:
25/1 within the boundaries of the Assessment District.
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B. Said streets, rights-of-way and ease
shall be shown upon the plans herein referred to and
filed with these proceedings.
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1 C. All of said work and improvements are to
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Engineer's t'Reporttt. 6
profiles and specifications, all to be made a part of 5
and elevations as shown and delineated upon the pla 4
to the sizes, dimensions and materials, to the lines, gra 3
installed at the places and in the particular locations,
profiles of the work as contained in the Engineer's I'Repc 9
in this Resolution is general in nature, and the plans 8
D. The description of the improvements contaj
10 shall be controlling as to the correct and deta:
11 description thereof.
12 DESCRIPTION OF ASSESSMENT DISTRICT
13 SECTION 2. That said improvements are of direct benefi,
14 the properties and land within the Assessment District, and .
15 legislative body hereby makes the expenses of said work
16 improvement chargeable upon a district, which is describe'
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1s All that certain territory in the Dist
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was heretofore approved and which said map is on file wit1 24
ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOWNS)tt, and whick 23
Assessment District, said map titled ttPROPOSED BOUNDARIE 22
costs and expenses of said work and improvements in 21
exhibiting the property benefited and to be assessed to pay 20
included within the exterior boundary lines shown on the
rights-of-way. For all particulars as to the boundaries o 27
shown within the area of all public streets, easements or pi 26
transcript of these proceedings, EXCEPTING therefrom the 25
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Assessment District, reference is hereby made to said previously
approved boundary map.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby
referred to JOHN POWELL & ASSOCIATES, who is hereby directed to
make and file a combined report as authorized by Section 2961 of
the Streets and Highways Code of the State of California, said
report to be in writing and contain the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed
works of improvement, including the cost of the incidental
expenses, in connection therewith;
14 C. A diagram showing the Assessment District
15 above referred to, which shall also show the boundaries and
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dimensions of the respective subdivisions of land within said
Assessment District, as the same existed at the time of the
18 passage of the Resolution of Intention, each of which
19 subdivisions shall be given a separate number upon said Diagram;
20 D. A proposed assessment of the total amount
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numbers thereof; 26
refer to such subdivisions upon said diagram by the respective 25
respectively, from said improvement. Said assessment shall 24
estimated benefits to be received by such subdivisions, 23
upon the several divisions of land in proportion to the 22
of the assessable costs and expenses of the proposed improvement
E. The description of the works of improvement
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to be installed under these proceedings, and acquisition, whl
necessary;
F. The total amount, as near as may
determined, of the principal sum of any unpaid spec
assessments previously levied or pending, other than th
contemplated in these proceedings;
G. The true value of the parcels of land
improvements which are proposed to be assessed. Said true va
may be estimated as the full cash value of the parcels as sk
upon the last equalized assessment roll of the County.
When any portion or percentage of the cost
expenses of the improvements is to be paid from sources 01
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said work and improvements, and said assessment shall inc '15
first be deducted from the total estimated costs and expense 14
than assessments, the amount of such portion or percentage SI
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numbers as assigned pursuant to Subsection D. of this Sect 18
assessment shall refer to said subdivisions by their respec 17
only the remainder of the estimated costs and expenses.
19 BONDS
20 SECTION 4. That it is hereby determined and declared
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FOURTEEN (14) YEARS from the second day of January 27
The serial bond shall extend over a period not to e: 26
recordation of the diagram and assessment for this improven 25
or more, remaining unpaid for thirty (30) days after the dai 24
represent each assessment of One Hundred Fifty Dollars ($15C 23
Streets and Highways Code (ItImprovement Act of 1911"; 22
serial bonds be issued in accordance with Division 7 of
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1 succeeding the next September 1st following their date. :
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maximum rate of 12% per annum. 3
interest rate on said bonds shall not exceed the current le!
4 The principal amount of the bonds maturing e
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year shall be other than an amount equal to an even ann
proportion of the aggregate principal amount of the bonds,
the amount of principal maturing in each year, plus the amo
of interest payable in that year, will be generally an aggrec
amount that is equal each year, except for the first ye?
I adjustment.
, I The first interest payment shall be payable
the April 15th next succeeding the March 1st or October 3
next succeeding the September lst, as the case may be, 1
following the date of the bonds. The following inte:
payments shall each be for six months interest and shall
payable on each 15th day of April and October, the last inte:
payment coming due on the October 15th immediately precedinq
last annual payment of the principal of the bonds issuec
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19 represent the unpaid assessments.
20 Pursuant to the provisions of the Streets
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period. Said bonds further shall be serviced by the Treasl 24
collect and receive the assessments during the cash collec 23
10603, the Treasurer is hereby designated as the office 22
Highways Code of the State of California, specifically Sec
that said bonds, upon redemption, shall provide a premil 27
SECTION 5. The legislative body further elects to prc 26
25 BOND REDEMPTION AND DELINQUENCY
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1 five percent (5%) on the unmatured principal, and said langu;
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require the property owner to pay said premium in order 3
shall be added to the redemption clause in the bond form
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said penalty shall be retained by the Treasurer. 8
servicing the delinquency, and the bond shall so declare t 7
collected as a delinquency shall be retained as a cost 6
further elects and declares that the first two percent ( 5
discharge the obligation of the lien. This legislative b, 4
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 6. That except as herein otherwise provided for
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one or more of the following purposes: 19
body may determine, in accordance with the provisions of law 1s
assessment, it shall be used, in such amounts as the legisla 17
SECTION 7. That if any excess shall be realized from 16
SURPLUS FUNDS 15
of the State of California. 14
Act of 191311, being Division 12 of the Streets and Highways ( 13
ordered pursuant to the provisions of the '!Municipal Improver 12
issuance of bonds, all of said improvements shall be made
A. Transfer to the general fund; provided
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One Thousand Dollars ($1,000,00) or five percent (5%) of 22
the amount of any such transfer shall not exceed the less€
total from the Improvement Fund;
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25 supplemental assessment;
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B. As a credit upon the assessment and
C. For the maintenance of the improvemen
D. To call bonds.
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SECTION 8. The legislative body hereby establishes 2
SPECIAL FUND
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special improvement fund identified and designated by the n;
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sale of bonds as authorized by law. 8
funds is a loan and shall be repaid out of the proceeds of 7
improvements herein authorized, and any such advancement 6
transferred at any time to expedite the making of 1 5
of this Assessment District, and into said Fund monies may
PRIVATE CONTRACT
10 SECTION 9. Notice is hereby given that the public inter
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contract for the installation of the improvements, and that, 12
will not be served by allowing the property owners to take
authorized by law, no notice of award of contract shall
14 published.
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17 which the work shall be done is to be shown on the plans
18 profiles therefor, which grade may vary from the exis'
19 grades. The work herein contemplated shall be done to
20 grades as indicated on the plans and specifications, to w
21 reference is made for a description of the grade at which
22 work is to be done. Any objections or protests to the prop
23 grade shall be made at the public hearing to be conducted u
24 these proceedings.
25 PROCEEDINGS INQUIRIES
26 SECTION 11. For any and all information relating to t
27 proceedings, including information relating to prc
28 procedure, your attention is directed to the person desigr
GRADES
SECTION 10. That notice is hereby given that the gradc
below:
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RICHARD ALLEN
CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS ROAD
CARLSBAD, CA 92009
TELEPHONE: (619)438-1161, EXT. 4389
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Written protests should be addressed to the C
Clerk and mailed to the address listed below:
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CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008
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SECTION 12. All public property in the use and perform; 10
PUBLIC PROPERTY
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proceedings unless expressly provided and listed herein. 12
of a public function shall be omitted from assessment in tk
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PETITION/DIVISION 4 PROCEEDINGS 13
SECTION 13. A. That a petition signed by property OWI
35 representing more than 60% in area of the property subjecl
16 assessment for said improvement has been signed and filed I
17 the legislative body, and no further proceeding or actions
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the State of California, the "Special Assessment Investigat 19
required under Division 4 of the Streets and Highways Codt
Limitation and Majority Protest Act of 1931Il.
21 B. In order to provide detailed informa
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1931l' will be on file with the transcript of these proceed 25
Assessment Investigation, Limitation and Majority Protest Ac 24
llReportll, as authorized by Section 2961 of the IISpe 23
regarding the valuation of the properties, a combined Engine
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1 WORK ON PRIVATE PROPERTY
2 SECTION 14. It is hereby further determined to be in 1
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best public interest and convenience and more economical to
is first obtained. 9
to be performed until the written consent of the property ow 8
the lot on which the work is done, and no work of this nature 7
The actual cost of such work is to be added to the assessment 6
level or size between the improvements and the private proper 5
certain work on private property to eliminate any disparity
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SECTION 15. This legislative body further proposes to er 11
UTILITY IMPROVEMENTS
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certain utility improvements, a copy of said Agreements sf 16
contracts, as well as the ownership, management and control 15
relating to the bidding and award of certain construct 14
Bell, said Agreements setting forth certain terms and conditi 13
into Agreements with San Diego Gas & Electric Co. and Paci
be, upon approval, on file in the Office of the City Clerk.
1s APPROVED and ADOPTED this
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CITY OF CARLSBAD ATTEST: STATE OF CALIFORNIA
CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
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CITY OF CARLSBAD 2 COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLS
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolut
being Resolution No. 95-205, was duly passed, approved
adopted by the City Council, approved and signed by the Mz
and attested by the City Clerk, all at the regular meetir
said City Council held on the 11th day of JULY
1995, and that the same was passed and adopted by the follc
vote:
AYES : COUNCIL MEMBERS Lewis, Kulchin, Finnila:
NOES : COUNCIL MEMBERS None
~ ABSENT: COUNCIL MEMBERS Nygaard
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ABSTAIN : COUNCIL MEMBERS None
EXECUTED this 17th day of JULY , 199:
Carlsbad, California.
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CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA
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