HomeMy WebLinkAbout1985-11-05; City Council; 7306-8; Approve proceedings for James Drive assessmentCIT OF CARLSBAD - AGEND BILL
MTG 11/5/85
DEPT. ENG
- 'APPROVE PROCEEDINGS
FOR GAMES DRIVE
ASSESSMENT DISTRICT
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RECOMMENDED ACTION:
Adopt Resolution No. *>&3'<Q making formal appointments for
Superintendent of Streets and newspaper for legal publication.
Adopt Resolution No. $2.S"7 declaring the intention to
construct improvements and issue bonds on James Drive.
Adopt Resolution No. f£3~0 setting December 17, 1985 for
public hearing to consider confirmation of assessment district
and ordering improvements.
Adopt Resolution No. Y^f*} approving plans and specifi-
cations for Project No. 3135 and authorizing the City Clerk to
advertise for bids.
Adopt Resolution No.
to be issued to
James Drive Assessment District.
calling for sealed bids on bonds
present unpaid assessment upon lands in the
ITEM EXPLANATION
On March 1, 1983, the City Council directed staff to prepare
the required documents for the establishment of James Drive
Assessment District. On December 11, 1984, Council held a
hearing on Debt Limit Report pursuant to the provisions of
"Municipal Improvement Act of 1913."
The order
follows:
of procedure for this assessment district is as
appointments as required, i.e,1. Making formal
newspaper, etc.
2. Establish jurisdiction and declare intent to construct
improvements financed through the issuance of bonds.
3. Preliminarily approve the "Report" of the Engineer,
i.e., plans and specifications, and set the matter for
public hearing.
4. Authorize the bidding on the works of improvement.
5. Authorize the sale of bonds and call for sealed bids.
The following documents have been prepared:
1. Plans, specifications
2. Assessment roll
3. Assessment diagram
4. Description of easements
and cost estimate
to be acquired
Page 2 of Agenda Bill No. "73oC -
FISCAL IMPACT
The engineer's estimate for the construction of James Drive is
$520,000.00. All the assessment district costs will be reim-
bursed through the sale of bonds if the assessment district is
formed and construction completed.
EXHIBITS
1. Order of Procedure.
2. Location Map.
3. Resolution No. ? S~L» _ making formal appointments for
Superintendent of Streets and newspaper for legal
publication.
4. Resolution No. q, £ S"7 _ declaring the intention to
construct improvements and issue bonds on James Drive.
5. Resolution No. £<£. S~ _ setting December 17, 1985 for
public hearing to consider confirmation of assessment
district and ordering improvements.
6. Resolution No. O«?s5~ _ approving plans and specifi-
cations for Project No. 3135 and authorizing the City Clerk
to advertise for bids.
7. Resolution No. 3. (& O calling for sealed bids on bonds
to be issued to present unpaid assessment upon lands in the
James Drive Assessment District.
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
DATE OF MEETING:
STAFF:
NOVEMBER 5, 1985
General presentation as to boundaries of Assessment District and
extent of works of improvement.
CITY COUNCIL: Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment of
Superintendent of Streets and newspaper for legal publication.
CITY COUNCIL: Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under
"1913 Act" proceedings, declaring intent to order improvements
and issue bonds.
STAFF:Presentation of Engineer's "Report" pursuant to the provisions
of "Municipal Improvement Act of 1913", consisting of the
following:
1. Plans;
2. Specifications;
3. Cost Estimate;
4. Assessment Roll;
5. Assessment Diagram;
6. Description of easements to be acquired.
CITY COUNCIL: Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARING:
Sets public hearing on "1913 Act" Engineer's "Report".
CITY COUNCIL: Adopt RESOLUTION REFERENCING WAGE SCALE AND CALLING FOR BIDS
(CONSTRUCTION): Formal action authorizing bidding on the works
of improvement.
CITY COUNCIL: Adopt RESOLUTION CALLING FOR SEALED BIDS ON BONDS: This Resolu-
tion authorizes the sale of bonds to finance the improvements
and calls for sealed bids.
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PROPOSED SCHEDULE:
NOVEMBER 5, 1985:
DECEMBER 5, 1985:
DECEMBER 12, 1985:
DECEMBER 17, 1985:
ADOPT JURISDICTIONAL RESOLUTIONS AND AUTHORIZE BIDDING
ON WORKS OF IMPROVEMENT AND SALE OF BONDS
DATE FOR RECEIPT OF CONSTRUCTION BIDS
DATE FOR RECEIPT OF BOND BIDS
PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENT
DISTRICT AND ORDERING IMPROVEMENTS
"EXHIBIT 1"
LOCATION MAP
BASSWOOD
CITY MAP BOOK PACE
JAMESDR.
PROJ.
NO.
3/35
EXHIBIT
RESOLUTION NO. 8256
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RESOLUTION OF THt CITY COUNCIL OF THE CITY OF
3 CARLSAD, CALIFORNIA, MAKING APPOINTMENTS IN A
SPECIAL ASSESSMENT DISTRICT
4 ,WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
5 CALIFORNIA, is considering the formation of a special assessment
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district, pursuant to the terms and provisions of the "Municipal
7 Improvement Act of 1913", being Division 12 of the Streets and
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Highways Code of the State of California, for the construction of
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certain public works of improvement, together with appurtenances
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and appurtenant work, said assessment district to be known and
designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time the City Council is desirous of making
the required appointments and designating persons to perform
certain duties, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
perform all of the duties and functions of the Superintendent of
Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
above referenced Assessment District.
SECTION 3. That the place for recordation of the assessment
roll and diagram snail be in the Office of the Superintendent of
Streets, and said assessment roll and diagram, upon recordation,
2 shalT be kept as a permanent record.
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SECTION 4. That the CARLSBAD JOURNAL is hereby designated as
4 the newspaper for all publications as required by law and as
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necessary for completion of this Assessment District.
6 SECTION 5. That 8SI CONSULTANTS, INC. is hereby appointed
7 the Engineer of Work for said proceedings, and said Engineer of
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work shall perform all of the duties and responsibilities as set
forth by law as they relate to said Assessment District.
SECTION 6. That F. MACKENZIE BROWN, INC., Attorneys at Law,
is hereby appointed to act as BOND COUNSEL for the purposes of
preparing proceedings and issuing an unqualified opinion attesting
to the validity of the proceedings and the enforceabil ity of the
bonds pursuant to the terms and conditions of a Special Counsel
Agreement submitted herewith, which Agreement is hereby approved
and authorized for execution by the Mayor and City Clerk.
SECTION 7. That this City Council hereby establishes a
special IMPROVEMENT FUND designated by the name and number of the
Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order to
expedite the improvements or acquisition under these proceedings
and as authorized by law, funds from any available source may be
transferred into said special fund. Any funds transferred are a
loan to the fund and shall be repaid out of the proceeds of the
sale of bonds, all as required and authorized by law, and
specifically Section 10210 of the Streets and Highways Code of the
State of California.
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-PASSED, APPROVED and ADOPTED at a regular meeting of the City
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Council held on the 5th day of November , 1985, by the
4 following vote, to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
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NOES: None
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ABSENT: None
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MARY H. JJTASLER, Mayor
ATTEST:
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ALETHA L. RAUTENKRANZ, City CPerk
(SEAL)
1 RESOLUTION NO. 8257
2 - RESOLUTION OF THh CITY COUNCIL OF THE CITY Of
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CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
ORDEK 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"; DECLAR-
ING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT ANu DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND PROVID-
ING FOR THE ISSUANCE OF BONDS
8 THE CITY COUNCIL OF IHE CITY OF CARLSBAD, CALIFORNIA, DOES
9 HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That 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 of 1913"), to order the
construction of certain public works of improvement, together with
appurtenances and appurtenant work, in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District").
DESCRIPTION OF IMPROVEMENT
A. The construction of certain street improve-
ments in JAMES DRIVE, between OAK AVENUE and BASSWOOD AVENUE,
including but not limited to, grading, paving, curb and gutter,
drainage facilities, water and sewer improvements, public utility
facilities, and acquisition of rights-of-way, where necessary,
together with appurtenances and appurtenant work, to serve tne
arcels within the boundaries of this Assessment District.
B. Said streets and highways are more particu-
2 larly shown in the records in the Office of the County Recorder,
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and shall be shown upon the plans herein referred to and to be
4 filed with the transcript of these proceedings.
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C. All of said work and improvements are to be
6 constructed at the places and in the particular locations, of the
7 forms, sizes, dimensions and materials, and at the lines, grades
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and elevations as shown and delineated upon the plans, profiles
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and specifications to be made therefor, as hereinafter provided.
0. The description of the improvements and the
termini of the work contained in this Resolution are general in
12 nature. All items of work do not necessarily extend for the full
lo°"length of the description thereof. The plans and profiles of the
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work as contained in the Engineer's "Report" shall be controlling
as to the correct and detailed description thereof.
t. 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 extent that work shall be shown on the plans to be done
therein.
F. Notice is hereby given of the fact that in
22 many cases said work and improvement will bring the finished work
23 to a grade different from that formerly existing, and that to said
24 extent, said grades are hereby changed and said work will be aone
25 to said changed grades.
26 DESCRIPTION OF ASSESSMENT DISTRICT
2 SECTION 2. That said improvements and work are of direct
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benefit to.the properties and land within the Assessment District
and the City Council hereby makes the expenses of said work and
improvements chargeable upon a district, which said Assessment
District benefited by said work and improvements is to be assessed
to pay the costs and expenses thereof, including incidental
expenses and costs, and which is described as follows:
All that certain territory situated 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 identified
as:
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 83-2"
(JAMES DRIVE)
and which map was heretofore approved and which said map or dia-
gram is on file with the transcript of these proceedings,
tXCEPTING 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 belonging to the public.
f-or all particulars as to the boundaries of the
Assessment District, reference is hereby made to said boundary map
neretofore previously approved, and for a complete description of
said Assessment District, the said plat and proposed boundary map
shall govern.
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REPORT OF ENGINEER
"SECTION 3. This proposed improvement is hereby referred to
BSI CONSULTANTS, INC., who is hereby directed to make and file the
report in writing containing the following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works
and improvement, including the cost of the incidental expenses in
connection therewith;
C. A diagram showing the Assessment District
referred to above, which shall also show the boundaries and dimen-
sions of the respective subdivisions of land within said Assess-
ment District, as the same existed at the time of the passage of
the Resolution of Intention, each of which subdivision shall be
given a separate number upon said Diagram;
L). A proposed assessment of the total amount of
the assessable costs and expenses of the proposed improvements
upon the several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, upon said Diagram by
the respective numbers thereof;
E. The description of works of improvement to oe
constructed under these proceedings.
hhen any portion or percentage of the costs and
expenses of the improvements is to be paid from sources otner
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 shall include only
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the remainder of the estimated costs and expenses. Said assess-
2 ment shall refer to said subdivisions by their respective numbers
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as assigned pursuant to Subdivision D. of tnis Section.
4 BONDS
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SECTION 4. That it is hereby determined and declared that
serial bonds will be issued in accordance with Division 7 of the
Streets and Highways Code ("Improvement Act of 1911"), to repre-
sent 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.
The serial bonds shall extend over a period not to exceed FOURTEEN
(14) 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 the current maximum rate of twelve percent
(12%) per annum.
The principal sum shall become due and payable in
equal annual payments on each October 15th succeeding the Septem-
ber 1st following the date of tne bonds until fully paid.
The first interest payment shall be payable on
the April 15th next succeeding the March 1st or Octooer 15th next
succeeding the September 1st, as the case may be, following the
date of the bonds. The following interest payments shall each be
for six months interest and shall be payable on each 15th day of
April and October, the last interest payment coming due on the
October 15th immediately preceding the last annual payment of the
principal of the bonds issued to represent the unpaid assessments.
Pursuant to the provisions of the Streets and
2 Highways Code of the State of California, specifically Section
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10603, the Treasurer is hereby designated as the officer to
4 collect and receive the assessments during the cash collection
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period. Said bonds further shall be serviced by the Treasurer.
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"MUNICIPAL IMPROVEMENT ACT OF 1913"
7 SECTION 5. That except as herein otherwise provided for the
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issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
SURPLUS FUNDS
SECTION 6. If any excess shall be realized from the assess-
ment, it shall be used, in such amounts as may be determined, for
one or more of the following purposes:
A. Transfer to the general fund of the City;
arovided that the amount of any such transfer shall not exceed the
lesser of One Thousand Dollars ($1,000) or five percent (5%) of
the total amount of expenses from the improvement fund;
B. As a credit upon the assessment and any
supplemental assessment; or
C. For maintenance of the improvements.
23 SPECIAL FUND
24 ,SECTION 7. The City Council 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 improvements herein
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authorized, and any such advance of funds is a loan and shall be
repafd 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 construction 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 grades may vary from the existing grades.
The work herein contemplated shall be done to the grades as indi-
cated on the plans and specifications, and reference is made to
said plans and specifications 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.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
all notices, resolutions, affidavits and/or certificates, your
attention is directed to the person designated below:
PAT ENTEZARI
tNGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
TELEPHONE: (619) 438-5529
1 „ PUBLIC PROPERTY
2 SECTION 11. All public property in the use and performance
3 of a public function shall be omitted from assessment in these
4 proceedings unless expressly provided and listed herein.
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ACQUISITION
6 SECTION 12. That the public interest, convenience and neces-
7 sity requires that certain lands, rights-of-way or easements be
8 obtained in order to allow the works of improvement as proposed
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for this Assessment District to be accomplished. For a general
description of the location and extent of the easements or land
necessary to be acquired, reference is hereby made to maps on file
with the transcript of these proceedings.
BOND REDEMPTION AND DELINQUENCY
SECTION 13. The City Council further elects to provide that
said bonds, upon redemption, shall provide a premium of five
percent (5%) on the unmatured principal, and said language shall
be added to the redemption clause in the bond form to require the
property owner to pay said premium in order to discharge the obli-
gation of the lien. Said City Council further elects and declares
that the first two percent (2%) collected as a delinquency shall
be retained as a cost of servicing the delinquency, and the bond
shall so declare that said penalty shall be retained by the City.
DIVISION 4 PROCEEDINGS
SECTION 14. The City Council has fully complied with the
proceedings and provisions of the "Special Assessment Investiga-
tion, Limitation and Majority Protest Act of 1931", being Division
4 of the Streets and Highways Code of the State of California. A
report, as required by said Act, will be on file with the
2 transcript of these proceedings, and open for public inspection.
3 WORK ON PRIVATE PROPERTY
4 SECTION 15. It is hereby further determined to be in
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the best public interest and convenience and more economical to do
6 certain work on private property to eliminate any disparity in
7 level or size between the improvements and the private property.
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'The actual cost of such work is to be added to the assessment on
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the lot on which the work is done, and no work of this nature is
to be performed unit I the written consent of the property owner is
first obtained.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 5th day of November j 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
^L-^1 V C^-t
MARY H. CASLER, Mayor
ATTEST:
A L t TflA TT^ft A U F £ N K R ANTr^itycT^ r k
(SEAL)
1 RESOLUTION NO. 8258
2 - RESOLUTION OF THE CITY COUNCIL OF THE
5 TIME AND PLACE OF PUBLIC HEARING
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12 (JAMES DRIVE)
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CITY OF CARLSBAD, CALIFORNIA, PASSING
ON THE "REPORT" PRESENTED PURSUANT TO
THE "MUNICIPAL IMPROVEMENT ACT OF 1913";
GIVING PRELIMINARY APPROVAL AND SETTING
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings for the construction of
certain works of improvement in a special assessment district
under the provisions of Division 12 of the Streets and Highways
Code of tne State of California (the "Municipal Improvement Act of
1913"), said special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-2
(hereinafter referred to as the "Assessment District"); and
WHEREAS, a report has been prepared and filed as provided for
in Sections 10203 and 10204 of the Streets and Highways Code of
the State of California, and said "Report" has now been presented
for review and consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted; and the "Report" as now presented shall stand
as the "Report" for the purpose of subsequent proceedings
hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report", as now presented and referred
to hereinabove, is considered adopted, passed upon and prelimi-
narly approved, as follows:
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A. That the plans and specifications for the
propo-sed improvements to be made, contained in said "Report", be,
and they are hereby preliminarily approved.
6. That the estimate of the itemized and total
costs and expenses of said acquisitions and improvements and of
the incidental expenses in connection therewith, contained in said
"Report", be, and each of them are, hereby preliminarily approved.
t. That the Diagram showing the Assessment
District referred to and described in said Resolution of Inten-
tion, 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 Inten-
tion, each of which subdivisions have been given a separate number
upon said Diagram, as contained in said "Report", be, and it is
nereby preliminarily approved.
u. That the proposed assessments upon the
several subdivisions of land in said Assessment District, in pro-
portion to the estimated benefits to be received by such subdivi-
sions, respectively, from said acquisitions and improvements, and
of the incidental expenses thereof, as contained in said "Report",
be, and they are hereby preliminarily approved.
t. That tne description of the works of improve-
ment to be constructed under these proceedings, and acquisition,
where necessary as contained in said "Report", be, and tne same
are nereby preliminarily approved.
K That said "Report" shall stand as the
Engineer's "Report14 for the purpose of all subsequent proceedings
had pursuant to said Resolution of Intention.
1 SECTION 3. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 17TH
2 DAY OF DECEMBER, 1985, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE
3 COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJEC-
4 TIONS TO THE PROPOSED WORK OR IMPROVEMENT, ACQUISITION, IF ANY, OR
5 ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR THE PROPOSED
6 GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE
7 OR CARRIED OUT IN ACCORDANCE WITH SAID RESOLUTION OF INTENTION AND
8 THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN WRITING AND
9 MUST BE DELIVERED AT OR BEFORE THE TIME SET FOR THE HEARING.
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SECTION 4. That the City Clerk is hereby directed to give
notice of said hearing by causing to be conspicuously posted on
all open streets within the Assessment District, not more than 300
feet apart on each street so posted, but not less than three (3)
in all, notice of the passage of this Resolution, all in accor-
dance with the provisions of said Division 12 of the Streets and
Highways Code of the State of California.
SECTION 5. That the City Clerk is hereby directed to give
notice of said hearing and of the passage of the Resolution of
intention and this Resolution by causing such notice to be pub-
lished in accordance with Section 6066 of the Government Code, in
the CARLSBAD JOURNAL, a newspaper published or of general circula-
tion within the District, which is hereby designated for the pur-
pose, all in accordance with the provisions of said Division 12.
SECTION 6. That the City Clerk is hereby directed to mail
notice of said hearing and the adoption of the Resolution of
Intention and of the filing and consideration of the "Report" to
all persons owning real property proposed to be assessed whose
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names and addresses appear on the last equalized assessment roll
for County taxes prior thereto or as otherwise known, and to all
other persons as prescribed and in accordance with the provisions
of said Division 12.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 5th day of November f 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
•....MARY H. ASLER, Mayor
ATTEST:
dLALEm4&ftk/.ETHA L. RAU ityTderk
(SEAL)
1 RESOLUTION NO. 8259
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RESOLUTION OF THt CITY COUNCIL OF THt CITY OF
3 CARLSBAD, CALIFORNIA, REFERENCING, PREVAILING
WAGE SCALE ANU DIRECTINb CALL FOK CONSTRUCTION
4 BIDS
5 | WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings 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 designated as10
11 (JAMES DRIVE)
12 (hereinafter referred to as the "Assessment District"); and,
13 WHEREAS, at this time there have been submitted for final
14 review the plans and specifications for the works of improvement
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ASSESSMENT DISTRICT NO. 83-2
in the Assessment District; and,
WHEREAS, it is the intention of this City Council to call for
sealed proposals or bids for the doing of said work and improve-
ments 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 AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the plans and specifications for the works
of improvement in the Assessment District are hereby approved and
authorized for bidding.
SECTION 3. That it is hereby determined and ascertained that
2 the general prevailing rate of per diem wages in the locality in
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which said work described is to be performed in the matter of the
4 construction of certain public works of improvement, together with
5 appurtenances, in the Assessment District, under the provisions of
6 the "Municipal Improvement Act of 1913", being Division 12 of the
7 Streets and Highways Code of the State of California, for each
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craft or type of workman or mechanic needed to execute the con-
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tract, and also the general prevailing rate for legal holiday and
overtime work of each craft or type of workman or mechanic, is in
accordance with the schedule obtained from the Director of Indus-
trial 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 with the transcript of these pro-
ceedings, which said copies are available to any interested party
upon request. Further a copy shall be posted at each job site
fluring the course of construction.
SECTION 4. 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 City Council at the next regular
meeting after the opening of bids.
SECTION 5. 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. Reference is hereby made to said Bid Documents hereto-
fore approved and identified as follows:
I NOTICE INVITING SEALED PROPOSALS
2 (JAMES DRIVE)
3 For all particulars as to bidding, the Notice
4 Inviting Sealed Proposals, above referenced and all incorporated
5 documents and laws, including but not limited to the "Municipal
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Improvement Act of 1913", shall control.
7 SECTION 6. That this City Council hereby finds and deter-
ASSESSMENT DISTRICT NO. 83-2
mines that in the event the Contractor, contracting owners
included, does not complete the work within the time limit speci-
fied in the contract or within such further time as the legisla-
tive body shall authorize, the Contractor or contracting owners,
as the case may be, shall pay as liquidated damages the amount or
amounts as set forth in the specifications for the project, said
amounts herein referenced and so incorporated. That it is imprac-
tical to determine the actual damage which will be sustained by
reason of such delay, but that the stated sum is a reasonable
amount for said liquidated damages and is not being imposed as a
penalty.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 5th day of November _ , 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY H. CASLER, Mayor
ATTEST:
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RESOLUTION NO. 8260
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CALLING
FOR SEALEb BIDS ON BONDS TO BE ISSUED
TO REPRESENT UNPAID ASSESSMENTS UPON
LANDS IN AN ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CaKLSBAD,
CALIFORNIA, in accordance with 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, and pursuant
to a Resolution of Intention adopted on the 15th day of October,
1985, has initiated proceedings for the construction of certain
public works of improvement in a special assessment district known
and designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, it has been determined that serial bonds shall be
issued to finance the costs and expenses of said improvements and
proceedings pursuant to and as set forth in the "Improvement Act
of 1911", being Division 7 of the Streets and Highways Code of the
State of California.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the City Council does hereby call for sealed
bids on bonds proposed to be issued, to be received up to the time
specified in the Notice of Sale, a copy of which is approved and
on file with the transcript of these proceedings.
SECTION 3. The City Council hereby selects and specifies as
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the date of the bonds representing unpaid assessments against
private property to be the date as specified for that purpose in
said Notice of Sale.
SECTION 4. That the Notice of Sale for these proceedings, as
presented, is hereby approved and adopted. A copy of said Notice
of Sale shall be on file with the transcript of these proceedings
and open to public inspection.
SECTION 5. That BOND COUNSEL is hereby directed to mail
copies of the Notice of Sale, together with a copy of the Bond
Prospectus, to all persons determined to be interested in the
purchase of said bonds.
SECTION 6. That said bonds shall not exceed the current
legal maximum interest rate of twelve percent (12%) per annum, and
said bonds shall be subject to all of the terms and provisions
relating to bonds as set forth in the "Improvement Act of 1911",
and further as set forth in the Resolution of Intention for these
proceedings.
SECTION 7. That there will be provided, at no expense to the
bidder, the approving legal opinion of F. MACKENZIE BROWN,
Attorney at Law, attesting to the validity of the proceedings and
the e-nforceabi 1 ity of the bonds.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 5th day of November , 1985, by the
following vote, to wit:
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AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY H. pSL£R, Mayor
ATTEST:
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ALtTHA L. RAUTENKRANZ, C1ty\Uerk
(SEAL)