HomeMy WebLinkAbout2004-08-03; City Council; Resolution 2004-2651
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RESOLUTION NO. 2004-265
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROPRIATING FUNDS, AND
APPROVING A SETTLEMENT AND REIMBURSEMENT
HIGHLAND DRIVE STORM DRAIN PROJECT NO. 3905
AGREEMENT WITH JIM DUNN AT APN 156-051-24 FOR
WHEREAS, the City Council of the City of Carlsbad, California, by a four-fiflhs vote has
jetermined that an emergency exists in that repairs or replacements, consisting of remedial
grading on property located at APN 156-051-24, are necessary to avoid danger to life or property;
and
WHEREAS, the plans for furnishing of all labor, materials, tools, equipment,
:ransportation, and other expenses necessary or incidental to the remedial grading, have been
xepared by Aguaterra Engineering, Inc. as part of the grading for a single family house and
garage on Drawing Number 421-9A and are incorporated herein by reference; and
WHEREAS, the remedial grading, and removal of the existing storm drain is to be
Derformed by James Dunn under a Settlement, Release and Reimbursement Agreement for
-emedial grading and associated costs at APN 156-051-24 for a lump sum amount of one
iundred ninety seven thousand ($1 97,000) dollars; and
WHEREAS, additional funds in the amount of $199,000 needs to be appropriated from the
3eneral Capital Construction Fund; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
=alifornia, as follows:
1.
2.
That the above recitations are true and correct.
That the City declare that the remedial work be performed under an emergency
,asis to correct the existing unsafe conditions.
2. That the Settlement, Release and Reimbursement Agreement for remedial grading
and associated costs at APN 156-051-24 with Mr. James Dunn is approved and the City Manager
s authorized to pay the installments described in the agreement.
3. That the Finance Director is hereby authorized to appropriate $199,000 from the
3eneral Capital Construction Fund.
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(SEAL)
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
heldonthe 3rd day of Auqust , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila , Kulchin, Hall and Packard
NOES: None
ABSENT: No
ATTEST
h7-
Lm I$ M. WOOD, City Clerk
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