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HomeMy WebLinkAbout1980-04-01; City Council; 4098-5; Assessment District No.79-1mmt CITY OF CARLSBAD Initial : AGENDA BILL NO. 4098- Supplement No . 5 _ . .. , p------- ±v. --- , --------- _ Dept. Head c— DATE :____; ____________ April 1, 1980 ________ c> Atty \| DEPARTMENT: Engineering C- M9r- SUBJECT: ASSESSMENT DISTRICT NO. 79-1 (BRISTOL COVE) STATEMENT OF THE MATTER On July 17, 1979, the City Council held a public hearing on the Debt Limit Report on the proposed Bristol Cove Assessment District. After the hearing the Council unanimously adopted Resolution No. 5850, which found that the project is feasible and that the land can carry the burden of the.proposed assessment. The matter before Council this evening is to hear a general presentation of boundaries of the Assessment District and extent of works of improvements proposed to be constructed and land or easements to be acquired. The Engineer will present a report consisting of plans, specifi- cations, cost estimates, assessment roll and assessment diagram. The Council will be asked to adopt a series of resolutions setting public hearings, authorizing advertisement of bids and authorizing issuance and sale of bonds. EXHIBITS A. Resolution of Intention B. Resolution Passing on Engineer's Report and Setting Time for Public Hearings C. Resolution Referencing Prevailing Wage Scale and Calling for Bids D. Resolution Authorizing Sale Issuance and Sale of Bonds E. Resolution Setting Time and Place for Public Hearing on Necessity to Condemn RECOMMENDATION Adopt Resolution No. 's (j> I 3o , (f) 13\ , t$ t 3>£ , h> I3>3 , te/3*/'• .Council Action: 4-1-80 Council adopted Resolutions 6130, 6131, 6132, 6133 and 6134. ORDER OF PROCEDURE [ASSESSMENT DISTRICT NO. 79-1] [BRISTOL COVE ASSESSMENT DISTRICT] DATE OF MEETING: STAFF: CITY COUNCIL: STAFF: STAFF: STAFF: CITY'COUNCIL: CITY COUNCIL: CITY COUNCIL: April 1, 1980 General presentation of boundaries of Assessment District and extent of works of improvements proposed to be constructed and land or easements to be acquired. Adopt RESOLUTION OF INTENTION. [Jurisdictional Resolution] Presentation of Engineer's "Report", consisting of the following: 1. Plans; 2. Specifications; 3. Cost Estimates; 4. Assessment Roll; 5. Assessment Diagram. Present method and formula for Assessment Spread. Present Map showing easements still to be acquired. Adopt RESOLUTION PASSING ON REPORT AND SETTING TIME FOR PUBLIC HEARING. Adopt RESOLUTION REFERENCING PREVAILING WAGE SCALE AND CALLING FOR BIDS. Adopt RESOLUTION AUTHORIZING ISSUANCE AND SALE OF BONDS. CITY COUNCIL:Adopt RESOLUTION SETTING TIME AND PLACE FOR PUBLIC HEARING ON NECESSITY TO CONDEMN, Order of Procedur, Assessment District NO. 79-1 April 1, 1980 PRESENTATION OF ENGINEER'S "REPORT" RECEIPT OF CONSTRUCTION BIDS: RECEIPT OF BOND BIDS: SCHEDULED PUBLIC HEARINGS: a. "1913 Act" b. Necessity to Condemn April 1, 1980 April 30, 1980 at 2:30 p.m. at City Hall May 1, 1980 at 10:00 a.m. at City Hall May 6, 1980 an 6:00 p.m. Council Chambers/ C-ity Hall RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND. DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF; DETERMINING LIQUIDATED DAMAGES; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF CARLSBAD, STATE OF 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 pro- visions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the construction of certain improvements, together with appurtenances and appurtenant work, in a special assessment dist- rict known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"). DESCRIPTION OF IMPROVEMENTS A. The construction of certain public drainage im- provements and other public improvements, toge- ther with appurtenances and appurtenant work in connection therewith, in certain public streets and rights-of-way in the Assessment District, and for further particulars reference is hereby made to Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, refe- rence is hereby made to a map of said Assessment District previously adopted by this body and on file in the Office of the City Clerk. \ B. Said streets and highways are more particularly shown in the records of the Office of the County Recorder and shall be shown upon the plans herein referred to and to be filed with these proceedings. C. All of said work and improvements are to be con- structed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades, and eleva- tions as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. D. The description of the improvements and the termini of the work contained in this Reso- lution are general in nature. All items of work do not necessarily extent for the full length of the description thereof. The'plans and profiles of the work as contained in the Engineer's Report shall be controlling as to the correct am? detailed description thereof. E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the ex- tent that work shall be shown on the plans to be done therein. 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 to said extent said grades are hereby changed and said work -will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. ' That said improvement and work is of direct benefit to the properties and land within the Assessment District and the City Council of this City hereby makes the expenses of said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the District bene- fited by said work and improvement and to be assessed to pay the costs and expenses thereof, including in- cidental expenses and costs, and which is described as follows: All that certain territory situated in the CITY OF CARLSBAD f included within the exterior boundary lines shown on the plat exhibiting the property affected or bene- fited by or to be assessed to pay the costs and ex- penses of said work and improvement in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 79-1 and which said map was heretofore approved and which said, map or diagram is on file in the Office of the City Clerk, EXCEPTING from the area shown within and delineated upon said map or plat hereinabove referred to, the area of all public streets, public avenues, public lanes, public roads, public drives, public courts, public alleys, and all easements and rights- of-way therein contained belonginq to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map of the said Assessment District, the said plat and proposed boundary map on file shall govern. — 2 — REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred'to JOHN F. DAINWOOD, authorized representative of ENGINEER OF WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improve- ments; B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses in connection therewith; C. A diagram showing the Assessment District above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amount of the assessable cost and expense of the proposed improve- ment upon the several divisions of land in propor- tion to the estimated benefits to be received by such subdivisions, respectively, from said improve- ment. Said assessment shall refer to such subdi- visions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be constructed under these proceedings and acquisi- tion, where necessary. When any portion or percentage of the cost and ex- penses 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 cost and expenses of said work and improve- ments, and said assessment shall include only the , remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D. of this Section. BONDS SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement and acquisition. The serial bonds shall extend over a period of nine ( 9 ) years from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds Shall not exceed ten percent (10%) per annum. -3- The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. • The first interest payment shall be payable on the April 15th next succeeding the March 1st or October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable on each fifteenth of April and October, the last interest payment coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. Pursuant to the provisions of the Streets; and Highways Code of the State of California, specifically Section 10603, the City Treasurer is hereby designated as the officer of said City to collect and receive the assess- ments, during the cash collection period. Said bonds further shall be serviced and collected by the City Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for the issu- ance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Munici- pal Improvement Act of ^913", 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 assess- ment, it shall be used, in such amounts as the City Council may determine, in accordance with the provi- sions of law for one or more of the following purposes: , A. Transfer to the general fund of the City; provided that the amount of any such trans- fer shall not exceed the lesser of One Thousand Dollars ($1,000) or five percent (5%) of the total amount expended from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or \ C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. That the legislative body hereby establishes a special fund designated IMPROVEMENT FUND FOR ASSESSMENT DISTRICT NO. 79-1 into which funds may be transferred at any time to expedite the making of the improvement herein autho- rized and said funds are a loan and shall be repaid out of the proceeds of the sale of assessments as authorized by law. SECTION 8. SECTION 9. SECTION 10. PRIVATE CONTRACT Notice is hereby given that, in the'opinion of the City Council, the public interest will not be ser- ved by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code of the State of California, no notice of award of contract shall be published. GRADES 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 grades may vary from the existing grades. The work herein contemplated shall be done to the grades as indicated on the plans and specifications for a description of the grade at which the work is to be done. Any objec- tions or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. PROCEEDINGS INQUIRIES For any and all information relating to these pro- ceedings, including information relating to protest procedure, all notices, resolutions, affidavits and/or certificates, your attention is directed to the below designated person at the agency or depart- ment indicated: JOHN F. DAINWOOD ENGINEER OF WORK BEMET-DAINWOOD-STURGEON 6150 MISSION GORGE ROAD £128 SAN DIEGO, CA 92120 (714) 280-4842 DAMAGES FOR DELAY SECTION 11. In the event the work is not completed within the time limit specified in the contract or within such further time as may be extended, the City shall charge the contractor liquidated damages in the net amount of one hundred dollars ($100.00) for each calender day of deTay until the work is completed. \ BOND REDEMPTION SECTION 12. The legislative body further elects and declares that the redemption provisions of said bonds will provide a premium of five (5%) percent on the unmatured principal. APPROVED and ADOPTED this 1SSO. 1st <3ay of April ATTEST: MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 7 -6- DESCRIPTION OF IMPROVEMENTS ASSESSMENT DISTRICT NO. 79-1 THAT THE WORKS OF IMPROVEMENTS AS PROPOSED TO BE CONSTRUCTED UNDER THESE PROCEEDINGS FOR THIS ASSESSMENT DISTRICT ARE GENERALLY DESCRIBED AS FOLLOWS: The construction and installation of a 48" diameter drainage culvert, together with appurtenances and appurtenant work in connection therewith, extending from the existing drainage pipe outlet in JAMES DRIVE, and extending to the existing 72" drainage culVert at the intersection of PARK DRIVE and ADAMS STREET, in the City of Carlsbad. Said drainage facility is designed to benefit and protect all abutting lands from erosion and inundation, as well as alleviate deposition in the BRISTOL COVE CHANNEL. For particulars as to the alignment of the proposed . drainage culvert, reference is made to the proposed BOUNDARY MAP as previously adopted by this City, Council. EXHIBIT "A" \l\ PROPOSED BOUNDARIES Of7 BRisTOL COVE 1913 ACT ASSESSMENT DISTRICT 79 CITY. OF CARLSBAD. CALIFORNIA -1 ffucD m TVC orricc or YM< CITY cut** THIS u*t or , 19 . c*. c*. T*iCT, CITY Or CAHUSfcAO. trrr or SA» ou-co. STATC or or iTMt; cm *vus ILAO. A.T A Htr^jLAA -v »t IM; *L0f, HCUD LM TIIC DAT or ~_U/TIOM ~r*b. _ 1* . AT T*«C HOw* OrO*Clj6c«_ _M.. IM wOO"" 1AH Oil. CO LEGEND. ASSESSMENT PARCEL 48" OlA CULVERT CLEANOUT CD ENGINEER OF WORK BEMENT-OAlNWOOD-STUf^GEON CIVIL ENGINEERS AGUA HEDIONOA LAGOON PLAT NO. 79-1 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CARLSBAD ) I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. j513Q , was duly passed, approved, and adopted by said City Counc"il, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council, held on the lsj day of .April i 19§0_r and that the same was passed and adopt- ed by the following vote, to-wit: AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: - COUNCILMEN: ABSENT: . COUNCILMEN: None Executed this 2nd day of April , 19_80' at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL] RESOLUTION NO. 6131 RESOLUTION OF THE CITY COUNCIL PASSING ON THE REPORT OF THE ENGINEER, GIVING PRELIM- INARY APPROVAL, AND SETTING-A TIME AND PLACE FOR PUBLIC HEARING. WHEREAS, proceedings have been instituted for the construction of certain public works of improvement and appurtenances under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment- district known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"); and, WHEREAS, there has been prepared and filed with the City Clerk of said City a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and the City Clerk has presented and the Engineer has explained said "Report" to the City Council for their consideration; and, WHEREAS, Resolution of Intention No. 6130 for this improvement was duly adopted by the Ciby Council on the 1st day of APRIL, 1980 ; and, the "Report" as now presented shall stand as the "Report" for the purpose of subsequent proceedings hereunder. NOW, THEREFORE, IT IS HEREBY 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 "Report" of the Engineer referred to herein- above is considered adopted, passed upon, and prelim- inarily approved, as follows: A. That the plans and specifications for the proposed improvements to be made, contained in said "Report", be, and they are hereby preliminarily approved and adopted; B. That the Engineer's estimate of the itemized and total costs and expenses of said acquisi- tion, where necessary, and improvements and of the incidental expenses in connection therewith, con- tained in said "Report", be,, and each of thetu are, hereby preliminarily approved and adopted. C. That the diagram showing the Assessment Dist- rict referred to and described in said Resolu- tion of Intention and also the boundaries and dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention, each of which subdivi- sions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily approved and adopted; D. That the proposed assessment upon the several subdivisions of land in said Assessment District in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report", be, and they are hereby preliminarily approved and adopted; E. That the maps and descriptions of the lands and easements to be acquired, as contained in said "Report", be, and the same are hereby prelimi- narily approved; F. That said "Report" shall stand as 'the Engineer's "Report" for the purpose of all subsequent pro- ceedings had pursuant to said Resolution of Intention. SECTION 3. SECTION 4. SECTION 5. NOTICE IS HEREBY GIVEN THAT ON 6TH DAY OF MAY, 1980 OF srx O'CLOCK P.M: TUESDAY , THE , AT. THE HOUR IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO THE CITY CLERK OF SAID CITY AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING. That the City Clerk is hereby directed to give notice of said Public Hearing by causing to be conspicuously posted on all open streets within the District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the Resolution of Intention and of this Resolution, all in accordance with the provisions of said Division 12. That the City Clerk is hereby directed to give notice of said Public Hearing and of the passage of the Reso- lution of Intention and this Resolution by causing such notice to be published in accordance with Section 6066 of the Government Code, in CARLsn_AD__JOURNAL • a newspaper published and circulated in said City, which is hereby designated by said City Council for that purpose, all in accordance with the provisions of said Division 12. -2- SECTION 6. That the City Clerk is hereby directed to mail notice of said Public Hearing and the adoption of the Reso- lution of Intention and of the filing of the "Report" to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessment-roll for the county taxes prior thereto or as known to the City Clerk, and to all other persons as prescribed and in accordance v/ith the provisions of said Division 12. SECTION 7. That the City Clerk is hereby further directed to file a copy of the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the adoption of the proposed boundary map; said boundary map to be in the manner and form as set forth in Divi- sion 4.5 of the' Streets and Highways Code of the State of California. APPROVED and ADOPTED this 1st day of April, 1980 . MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CARLSBAD ) I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 6131 > was duly passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council, held on the Jst dav of April , 19_80, and that the .same was passed and adopt- ed by the following vote, to~wit: AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: COUNCILMEN: None ABSENT: COUNCILMEN: None Executed this 2nd _ day of April > 19_80., at CARLSBAD, California. CITY CLERK r CITY OF CARLSBAD » . ' STATE OF CALIFORNIA [SEAL] V RESOLUTION NO. 6132 RESOLUTION OF THE CITY COUNCIL REFE- RENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS WHEREAS, proceedings have been heretofore instituted under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement in a special assessment district known and desig- nated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"); and, WHEREAS, it is the intention of this legislative body to also call for sealed proposals or bids for the doing of said work and improvements in said Assessment District; and, WHEREAS, it is necessary to determine the prevailing rate of wages for the various classifications of workmen required in the performance of said work, NOW, THEREFORE, IT IS HEREBY 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 it is hereby determined and ascertained that the general prevailing rate of per diem wages in the loca- lity in which said work described is to be performed • in the matter of the construction of certain public works of improvement, together with appurtenances, in the Assessment District, under the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for each craft or type of workman or me- chanic needed to execute the contract, and also the general prevailing rate for legal holiday and over- time work of each craft or type of workman or me- chanic, is in accordance with the schedule obtained from the Director of Industrial Relations, pursuant to the provisions of Section 1773 of the Labor Code of the State of California, and reference is hereby made to copies thereof on file in the Office of the City Clerk, which said copies are available to any interested party upon request. Further, a copy shall be posted at each job site during the course of construction. SECTION 3. That the proposals or bids shall be opened and examined at a public meeting so called; and said results of the bidding shall be reported to the legislative body at the next regular meeting after the opening of the bids. SECTION 4. That the terms and conditions for bidding on the works of improvement for this Assessment District are as set forth in full in the Bid Documents in the specifications as previously approved by this City Council. Reference is hereby made to said Bid Documents heretofore approved and identified as follows: NOTICE INVITING SEALED PROPOSALS CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 79-1 For all particulars as to bidding, the Notice In- viting Sealed Proposals above referenced and app- roved by this Council shall govern, and all terms and conditions for bidding shall be pursuant to the provisions of the "Municipal Improvement Act of 1913". SECTION 5. That the City Council hereby finds and determines that in the event the contractor, contracting owners included, does not complete the work within the time limit specified in the contract or within such further time as the legislative body shall au- thorize, the contractor or contracting owners, as the case may be, shall pay as liquidated damages the sum of $100.00 per day. That it is impractical to determTne~the actual damage which the City will sustain by reason of such delay, but that the above • sum is a reasonable amount for said liquidated damages and is not being imposed as a penalty. APPROVED and ADOPTED this 1st day of April, 1980 . MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CARLSBAD ) I, ALETIIA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5] 32 , was duly passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council, held on the _J_st daY _ April ' 19M' and thated by the following vote, to-wit: April i 19j2CLf and that the same was passed and adopt- "d by '" " AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: . COUNCILMEN: None ABSENT: COUNCILMEN: None Executed this 2nd day of April ;, 1980^, at CARLSBAD, California. CITY CLERK T CITY OF CARLSBAD ^ STATE OF CALIFORNIA [SEAL] RESOLUTION NO.6133 RESOLUTION OF THE CITY COUNCIL AUTHORIZING THE SALE OF SPECIAL ASSESSMENT BONDS TO FINANCE - IMPROVEMENTS IN A SPECIAL ASSESS- MENT DISTRICT. WHEREAS, in accordance with the terras and provisions of the "Mun- icipal Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of California, this City Council has initiated proceedings for the construction of certain public works of improvement, together with appurtenances and acquisition, where necessary, in a special assessment district; said special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"); and WHEREAS, this City Council has further determined that serial bonds shall be issued to finance the costs and expenses of said improvements and proceedings, and said bonds shall be issued pur- suant to the terms and provisions of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, at this time, this City Council is desirous of authoriz- ing the sale of bonds to finance the works of improvement as proposed for this Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AS FOLLOWS: SECTION I. That the above recitals are all true and correct. SECTION 2. That SECTION 3. F. MACKENZIE BKOWN, BOND COUNSEL is hereby authorized to solicit proposals for the sale of bonds for the Assessment District, and said bonds shall not exceed the maximum legal interest rate of ten percent (10%) per annum, and said bonds shall be issued upon the terms and provisions of the "Improvement Act of 1911," being Division 7 of the Streets and Highways Code of the State of California, and pursuant to the terms and conditions as set forth in the Resolution of Intention as previously adopted for these proceedings. That this Resolution is adopted pursuant to the pro- visions of Section 10602 of the Streets and Highways 'Code of the State of California, and it is further directed that all recommendations relating to the sale of bonds be presented to this City Council no later than the time set for the Public Hearing on the "Report" and related matters for this Assessment District. SECTION 4. The City will provide, at no expense to the bidder, the unqualified opinion of F. MACKENZIE BROWN, Attorney at Law, attesting to the validity of the proceedings and the cnforceability of the bonds. SECTION 5. That pursuant to the provisions of Section 10600.5, this City Council hereby determines that the bonds shall bear interest from their date, and the date of said bonds shall be as follows: THE 35TH DAY AFTER RECORDATION OF THE ASSESSMENT ROLL IN THE OFFICE OF THE SUPERINTENDENT OF STREETS. SECTION 6. That the BID SPECIFICATIONS relating to the sale of the assessment bonds for the Assessment District are hereby approved and a copy for further particulars is referenced and attached hereto. APPROVED and ADOPTED this day of April, 1980 MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: titCITY CLERK CITY OF CARSLBAD STATE OF CALIFORNIA -2- "IMPROVEMENT ACT OF 1911" BOND BID SPECIFICATIONS CITY: PROJECT NAME: PROCEEDINGS: BOND AMOUNT: OWNERSHIP: CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 79-1 ' [BRISTOL COVE ASSESSMENT DISTRICT] "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. Not to exceed: $ 213,600.00 All bonds to be issued under these proceedings will be representing liens against privately owned property, all within the incorporated limits of the City INTEREST RATE: BOND REDEMPTION: BOND TERMS: PLACE OF PAYMENT: SECURITY DEPOSIT: ESTIMATED DATE OF DELIVERY: Not to exceed the maximum rate allowable by law which is ten percent (10%). Bidders may bid less, but all bids must be for a single rate of interest. The bonds, if redeemed prior to maturity, shall provide a redemption premium in the amount of five percent (5%) on the unmatured principal. The bonds shall be payable in ten (10) annual installments. Bonds shall be serviced and collected at the Office of the City Treasurer of said City. $ $ 1,500.00 . On or about JULY 9, 1980. DATE CITY TO CONSIDER PROPOSALS:MAY 1, 1980 at 10:00 a.m. Bids then to be referred to City Council at their next regular meeting; said meeting being th« 6TH of MAY, 1980. DATE FOR RECEIPT OF CONSTRUCTION BIDS:APRIL 30, 1980 at 2:30 p.m. DATE OF PUBLIC HEARING: BOND DATE: NATURE OF PROJECT: THE 35TH DAY AFTER RECORDATION OF THE ASSESSMENT ROLL IN THE OFFICE OF THE SUPERINTENDENT OF STREETS. CONSTRUCTION AND INSTALLATION OF CERTAIN DRAINAGE IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK. "IMPROVEMENT ACT OF 1911" BOND BID SPECIFICATIONS (Continued) Page 2 LEGAL OPINION: DISCOUNT: CONSIDERATION: ACCRUED INTEREST: PAYMENT: PREMIUM: The City will provide the legal opinion of F. Mackenzie Brown, attorney at law and the City will also provide said legal opinion upon delivery of the bonds, together with a Certificate of No- Litigation. No bid will be considered for less than NINETY PERCENT (90%) of par 'and discount will be based on bonds actually issued. The award and acceptance will be based on the bidder submitting the lowest net effective interest rate on said bonds. Bidding to be on a flat basis and there will be no payment of accrued interest required. Bonds will be sold for cash only and delivery will be made at the City Hall. A premium to any bid will only be con- sidered to break a tie. FOR FURTHER PARTICULARS PLEASE CONTACT:F. MACKENZIE BROWN Attorney at Law 1600 Dove Street Suite 110 Newport Beach, California 92660 Telephone (714) 752-9025 (213) 587-4755 ***** V BONDS AND SECURITY FOR BONDS AUTHORITY; The proceedings for the works of improvement and the levy of the special assessment are pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. There has been substantial compliance with the proceedings of Division 4 of the Streets and Highways Code, the "Special Assessment Investi- gation, Limitation and Majority Protest Act of 1931." The bonds to issue to finance the works of improvements are issued pursuant to the terms and provisions of the "Improvement Act of 1911", be- ing Division 7 of the Streets and Highways Code, and specifically pursuant to Chapter 4 of Part 5 of said Division 7. SECURITY: An individual assessment bond will be issued to represent each individual unpaid assessment within the boundaries of the assess- ment district and said assessment and bond constitute a direct lien and obligation against the particular parcel of benefited property described therein. Should default be made in any pay- ment upon principal or interest thereon, the owner of said bond is entitled to initiate foreclosure proceedings in the manner and form as authorized by lav/. Neither the public agency issuing the bonds or any officer thereof is in any way liable for the payment of the principal or interest on the bonds and the payment of said bonds is solely payable from the redemption fund created under the proceedings. PRIORITIES: The assessment bonds will have priority over any private debt such as a judgment, deed of trust or mortgage, regardless of the time imposed. The assessment lien and obligation is on a parity with general property taxes and also will have priority over any subsequently issued special assessment fixed lien obligations but will be subordinate and inferior to any previous- ly imposed special assessment debt levied on the particular par- cel of property. AMOUNT; The bonds can issue in any amount in excess of $150.00 and will issue in the exact amount of the assessment remaining unpaid on the particular parcel of property. An assessment bond will issue for each parcel of property and the bond represents the direct amount of the lien obligation on said particular parcel of proper- ty. INTEREST RATE: The maximum interest rate allowable by law for.this type of secur- ity is eight percent (8%) per annum. Assessment bonds may also be sold at a discount or at a premium. DELINQUENCIES: In the event that there is a default or a delinquency in the pay- ment of any principal or interest coupon by the property owner on .said bonds, the bond holder is entitled, as of January 2 or July 2, as the case may be, to immediately declare the entire amount of the unpaid assessment to be due and payable or to direct or have the lot or parcel advertised in the manner and form as provided by the "Improvement Act of 1911". The foreclosure pro- ceedings can be either pursuant to a sale procedure through the Office of the agency's Treasurer or through a judicial foreclosure through the Superior Court. The bonds and the assessments are payable to the Treasurer on each October 15, and April 15, as the case may be and, on the next June 1 or December 1, if the assess- ment coupon remains unpaid, a penalty is immediately added in the amount of one percent (1%) of the delinquent amount. A similar penalty of one percent (1%) is then added for each succeeding month as long as the assessments remain unpaid. FORECLOSURE: The holder of the bond has a sole remedy in case of default or delinquency, which is through a foreclosure action initiated either by the Treasurer of the local agency or by a Court action through the local Superior Court. Under both foreclosure proceed- ings, the property owner upon the issuance of the Certificate of Sale, has a one year period of redemption. The property owner also, up to the time of the sale of said property, has the right of either reinstatement of the delinquent bond or, of course, redemption. Upon the end of the one year period of redemption, the Certificate of Sale holder has right to make application to the Treasurer for a deed to the property. The Certificate of Sale will bear interest at the rate of one percent (1%) per month on the amounts included iri the Certificate of Sale up to the time that the deed is to be issued. DISCHARGE OF OBLIGATION: The property owner, fit any time during the life of the bond, has the right to pay off the unpaid assessment by generally paying the unpaid principal amount, together with interest to the next coupon period (January 2 or July 2, as the case may be). The City Council also has the discretion as to whether or not to include in the Resolution of Intention the provision for a five percent (5%) redemption premium and if the Resolution of Intention did so provide, then the property owner must also pay five percent (5%) redemption on the unpaid principal at the time of the discharge of the obligation. If the payments are not made in the time as allowed by law, then penalties are applicable to said proceedings at the rate of one percent (1%) per month on the unpaid amount. Tnese bonds do provide the five .percent (5%) redemption premium. STATE C CALIFORNIA ) ' i . - • COUNTY OF SAN DIEGO ) ss.. CITY OF CARLSBAD ) . I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5]33 , was duly passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council, held on the _J_st____ day of Apri 1 » 19_80, and that the same was passed and adopt- ed by the following vote, to-wit: AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: COUNCILMEN: None ABSENT: • COUNCILMEN: None Executed this 2nd ^ay of _Ap_ri1 r !9_8gr at CARLSBAD, California. CITY CLERK "" J CITY OF CARLSBAD ^ STATE OF CALIFORNIA [SEAL] V RESOLUTION NO. 6134 RESOLUTION OF THE CITY COUNCIL SETTING TIME AND PLACE FOR PUBLIC HEARING ON ADOPTION OF RESOLUTION OF NECESSITY TO ORDER ACQUISITION BY EMINENT DOMAIN PROCEEDINGS. WHEREAS, this City Council, at this time, is conducting proceedings for a special assessment district pursuant to the terms and provi- sions of the "llunicipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, for the construction of certain public v;orks of improvement, together with appurtenances and appurtenant work in connection therewith, including acquisition where necessary; said special assessment district known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"); and, WHEREAS, under said special assessment district proceedings, it will be necessary that certain right-of-way acquisition be made in order to accomplish the construction of the works of improve- ment, as proposed, and at this time this governing body is desirous of setting a time and place for a public hearing on the adoption of a Resolution of Necessity relating to the rights-of-way and/or ease- ments not yet acquired for the project and improvements in said Assessment District; and, WHEREAS, there has been presented to this City Council for consi- deration, and on file in the Office of the City Clerk, a copy of a proposed^Resolution of Necessity to exercise the right of eminent domain relating to this Assessment District. NOW, THEREFORE, IT IS HEREBY 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 certain right-of-way acquisition is necessary for the accomplishment of the improvements as pro- posed for the Assessment District, and said rights- of-way are as set forth and described in the proposed Resolution of Necessity to Exercise the Right of Eminent Domain, a copy of which is on file in the Office of the City Clerk, with an Exhibit attached thereto setting forth the proper and legal descrip- tion of all rights-of-way to be acquired. SECTION 3. SECTION 4. THAT NOTICE IS HEREBY GIVEN THAT ON THE 6TH DAY OF MAY, 1980 OF TUESDAY SIX 0'CLOCK , AT THE HOUR P.M. , IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, . CITY HALL, ANY AND ALL PERSONS, WHERE EASEMENTS OR RIGHTS-OF-WAY .ARE TO BE ACQUIRED, WILL HAVE AN OPPOR- TUNITY TO APPEAR AND TO BE HEARD ON THE MATTER OF THE ADOPTION 0? THE RESOLUTION OF NECESSITY TO EXERCISE THE RIGHT OF EMINENT DOMAIN TO ACQUIRE EASEMENTS AND RIGHTS-OF-WAY NECESSARY FOR THE PROPOSED IMPROVEMENTS IN THE ASSESSMENT DISTRICT. ALL PERSONS OBJECTING TO THE PUBLIC INTEREST AND NECESSITY FOR THE PROJECT AND THE DETERMINATION AS TO WHETHER OR NOT THE PROJECT IS PLANNED OR LOCATED IN THE MANNER WHICH WILL BE MOST COMPATIBLE WITH THE GREATEST PUBLIC GOOD, AND THE NECES- SITY FOR THE PROPERTY TO BE ACQUIRED, SHOULD BE PRESENT AT SAID TIME AND PLACE. PURSUANT TO SECTION 1245.235 OF THE CODE OF CIVIL PROCEDURE, THE FAILURE TO FILE A -WRITTEN REQUEST TO APPEAR AND BE HEARD WITHIN FIFTEEN (15) DAYS AFTER THE MAILING OF THIS NOTICE WILL RESULT IN A WAIVER OF THE RIGHT TO APPEAR AND BE HEARD. That for further particulars, reference is raade to the proposed Resolution of Necessity, with the Exhibits attached thereto, as on file in the Office of the City Clerk, and to Section 1245.235 of the Code of Civil Pro- cedure and related Sections thereto. APPROVED and ADOPTED this ]st day of April. 1980 MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CARLSBAD ) • . I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. __61_34_f was ^U^-Y passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council, held on the _J_st____ day of _ApriJ __f 198^_f and that the same was passed and adopt- ed by the following vote, to-wit: AYES: COUNCILMEN: Packard, Skotnicki, Anear, Lewis and Councilwoman Casler NOES: COUNCILMEN: None ' ' ABSENT: COUNCILMEN: None Executed this ?n(\ day of _j\pri_] • 19_8Q.f at CARLSBAD, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL]