HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-210q I/ 0 0 EXHIBIT 5
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RESOLUTION NO. 98-210
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION
OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT
DISTRICT, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL
BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY
THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE
ISSUANCE OF BONDS
Be it Resolved by the City Council of the City of Carlsbad (the 'City") as follows:
SECTION 1. The public interest and convenience require, and it is the intention
of this body, pursuant to the provisions of Division 12 of the Streets and Highways Code
of the State of California (the "Municipal Improvement Act 191 3") (the "Improvement
Act"), to order the acqrrisition of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment district known and
designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter
referred to as the "Assessment District").
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l6 I/ DESCRIPTION OF IMPROVEMENTS TO BE ACQUIRED
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18 A. The public improvements to be acquired are generally described as
19 I follows: roadway improvements to Melrose Drive from its existing northern
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Palomar Airport Road approximately 1000 feet east and 700 feet west of 21
termination north of Alga Road to Palomar Airport Road, improvements to
improvements, riparian mitigation for the roadway improvements, 24
water mains and pressure reducing station along the roadway 23
the Melrose Drive intersection, sewer mains, water mains and reclaimed 22
25 relocation of sewer mains and grading for expansion of Poinsettia Lane,
26 together with appurtenances and appurtenant work, all being necessary
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for and to specially benefit properties within the boundaries of the
Assessment District.
B. All rights-of-way and easements required for the improvements shall be
shown upon the plans referred to herein and to be filed with these
proceedings.
C. All of the improvements to be acquired are to be installed at the places
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plans, profiles and specifications, all to be made a part of the Assessment 9
to the lines, grades and elevations as shown and delineated upon the
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general in nature, and the plans and profiles of the work as contained in 12
D. The description of the improvements contained in this Resolution is 11
Engineer's Report.
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DESCRIPTION OF ASSESSMENT DISTRICT I.5
and detailed description thereof. 14
the Assessment Engineer's Report shall be controlling as to the correct
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SECTION 2. The improvements are of special benefit to the properties and land
within the Assessment District, and this legislative body hereby makes the
expenses of the acquisition of such improvements chargeable upon the
Assessment District, which is described as follows: All of that certain territory in
the proposed Assessment District included within the exterior boundary lines
shown on the map exhibiting the property specially benefitted and proposed to be
assessed to pay the costs and expenses of the acquisition of the work and
improvements described above, such map entitled "PROPOSED BOUNDARIES
ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)", and which map
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was previously approved by this legislative body and is on file with the transcript
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of these proceedings. For all particulars as to the boundaries of the Assessment
District, reference is hereby made to such boundary map. 11 REPORT OF THE ASSESSMENT ENGINEER 3
4 II SECTION 3. The proposed improvements are hereby referred to Berryman &
5 11 Henigar (the “Assessment Engineer”), who is hereby directed to make and file a report
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as required by the Improvement Act, Article XlllD of the Constitution of the State of
California and the Omnibus Proposition 21 8 Implementation Act (Government Code
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contain the following: 9
Section 53750) (collectively, the “Assessment Law”), such report to be in writing and
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be acquired, including the cost of the incidental expenses, in connection 12
B. An estimate of the cost of the acquisition of the improvements proposed to 11
A. Plans and specifications of the improvements proposed to be acquired;
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C. A diagram showing the Assessment District, which shall also show the
boundaries and dimensions of the respective subdivisions of land within
such Assessment District, as the same existed at the time of the passage
of this Resolution of Intention, each of which subdivisions shall be given a
separate number upon such diagram;
D. The proposed assessment of the assessable costs and expenses of the
acquisition of the proposed improvements upon the several divisions of
land in the Assessment District in proportion to the estimated special
benefits to be received by such subdivisions, respectively, from such
improvements. Such assessment shall refer to such subdivisions upon
such diagram by the respective numbers thereof;
26 ll E. The description of the improvements proposed to be acquired under
27 i! these proceedings.
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When any portion or percentage of the assessable costs and expenses of the
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acquisition of the improvements is to be paid from sources other than assessments, the
amount of such portion or percentage shall first be deducted from the total estimated
costs and expenses of such acquisition, and such assessment shall include only the
remainder of the estimated costs and expenses. Such assessment shall refer to such
6 II subdivisions by their respective numbers as assigned pursuant to item D of this Section.
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g BONDS
10 SECTION 4. Notice is hereby given that bonds to represent the unpaid
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following), which bonds shall be issued for a term not to exceed the legal maximum term 14
Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 and 13
rate of 12% per annum, will be issued hereunder in the manner provided in the 12
assessments, and bear interest at the rate of not to exceed the current legal maximum
as authorized by law, THIRTY-NINE (39) YEARS from the second day of September I.5
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Act, providing an alternative procedure for the advance payment of assessments and the l7
next succeeding twelve (12) months from their date. The provisions of Part 11 .I of such
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calling of bonds shall apply.
The principal amount of the bonds maturing each year shall be other than an
amount equal to an even annual 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 amount that is equal each year, except for the first
year's adjustment.
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25 I/ Pursuant to the provisions of the Improvement Act and specifically Streets and
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Highways Code Section 10603, the Treasurer is hereby designated as the officer to
collect. and receive the assessments during the cash collection period.
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IMPROVEMENT ACT 1
2 SECTION 5. Except as may otherwise be provided for in the issuance of the
3 11 bonds described above, all of such improvements shall be acquired pursuant to the
4 /I provisions of the Improvement Act.
5 /I SURPLUS FUNDS
6 SECTION 6. If any excess shall be realized from the assessment, it shall be
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provisions of law for one or more of the following purposes: 8
used, in such amounts as the legislative body may determine, in accordance with the
9 A. Transfer to the general fund; provided that the amount of any such
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B. As a credit upon the assessment and any supplemental assessment; 12
or five percent (5%) of the total from the Improvement Fund; 11
transfer shall not exceed the lesser of One Thousand Dollars ($l,OOO,OO)
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D. To call bonds. 14
C. For the maintenance of the improvements; or
IMPROVEMENT FUND
16 SECTION 7. The legislative body hereby establishes a special improvement
l7 // fund identified and designated by the name of this Assessment District, and into such
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Fund monies may be transferred at any time to expedite the acquisition of the authorized
1 improvements, and any such advancement of funds is a loan and shall be repaid out of
2o j/ the proceeds of the sale of bonds as authorized by law.
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GRADES
SECTION 8. 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
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26 ll on the plans and specifications, to which reference is made for a description of the grade
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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.
PROCEEDINGS INQUIRIES
SECTION 9. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person
designated below:
LISA HILDABRAND, DIRECTOR OF FINANCE
FINANCE DEPARTMENT
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008
(760) 434-2867
PUBLIC PROPERTY
SECTION 10. All public property shall be subject to assessment in these
proceedings unless otherwise expressly provided and listed herein.
ACQUISITION
SECTION 11. The public interest, convenience and necessity requires that
certain land, rights-of-way or easements be obtained in order to allow the works of
improvement as proposed for this Assessment District to be accomplished. The
Assessment Engineer's Report, upon adoption, shall provide certification that the land,
rights-of-way or easements have been acquired or will be acquired as part of the
acquisition of the improvements.
NO CITY LIABILITY
SECTION 12. This legislative body hereby further declares not to obligate itself
to advance available funds from the Treasury to cure any deficiency which may occur in
the bond redemption fund. This determination is made pursuant to the authority of
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Section 8769(b) of the Streets and Highways Code of the State of California, and such 1
determination shall further be set forth in the text of the bonds issued pursuant to the
"Improvement Bond Act of 191 5".
WORK ON PRIVATE PROPERTY
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6 convenience and more economical to do certain work on private property to eliminate
7 any disparity in level or size between the improvements and the private property. The
8 actual cost of such work is to be added to the assessment on the lot on which the work is
9 done, and no work of this nature is to be performed until the written consent of the
SECTION 13. It is hereby further determined to be in the best public interest and
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ANNUAL ADMINISTRATIVE ASSESSMENT 11
property owner is first obtained.
12 SECTION 14. It is hereby declared that this legislative body proposes to levy an
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State of California, such annual assessment to pay costs incurred by the City and not 14
annual assessment pursuant to Section 10204 of the Streets and Highways Code of the
l5 11 otherwise reimbursed which result from the administration and collection of assessments
I' /I or from the administration or registration of any associated bonds and their related funds.
I'7 // UTILITY IMPROVEMENTS
l8 I/ SECTION 15. Pursuant to Section 101 10 of the Streets and Highways Code of
l9 /I the State of California, it is also the intention of this legislative body with respect to the
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improvements to be owned managed or controlled by any other public agency, regulated
public utility, or mutual water company, to enter into an agreement with the Vallecitos
// Water District or other public utility company or public agency with respect to 23
improvements to be acquired prior to ordering the acquisition of improvements. 24
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PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the
City of Carlsbad, held on the 23rd day of June , 1998, by the following
vote:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None /*I;: /' ' / /: 4.:: / ',,/ ,. .$ , /A/ %././
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ATTEST:
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