HomeMy WebLinkAbout1985-12-17; City Council; 7306-9; Award contract and order formation of James DriveCITV OF CARLSBAD - AGEND/1ILL
AR*?:?^-?
MTX3. 12/1 7/8 s
DEPT. ENG
TITLE:
AWARD CONTRACT AND ORDER FORMATION
OF GAMES DRIVE ASSESSMENT DISTRICT
DEPT. mSTVTN
CITY ATTY VMO
CITY MGR.^2^
OI
O
O
O
OO
RECOMMENDED ACTION:
By motion, adopt Resolution No. ^3Q & ordering certain changes
and modifications to the Engineer's "Report" in a special
Assessment District.
By motion, adopt Resolution No. ff j O^f overruling and denying
protests and making certain findings in special Assessment
District .
By motion, adopt resolution No.
for contribution to pay certain
Assessment District.
By motion, adopt Resolution No.
Assessment, ordering the improvements
appurtenances, and approving the Engineer's
/Q approving and providing
costs and expenses in an
confirming the
made, together with
"Report".
By motion, adopt Resolution No. ffSI'£y authorizing and providing
for the issuance of bonds pursuant to the "Improvement Act of
1911".
By motion, adopt Resolution No. fi$/3 accepting bids and
awarding the contract for the construction of Games Drive to
Kirchnavy Construction Inc.
By motion, adopt Resolution No.
and providing for the establishmlTn
awarding sale of bonds
of a redemption fund.
By motion, adopt Resolution No.
between the City of Carlsbad and
for electrical and gas trenching
appropriating funds in the
deposit for said work.
£?//approving the agreement
STaTn"Dlego Gas and Electric Co,
and conduit installation and
amount of $14,199.00 to advance
By motion, adopt Resolution No. f*3 /<o accepting easements for
utilities and roadway purposes for Games Drive Assessment
District.
ITEM EXPLANATION:
the advertisement for the
for
On November 5, 1985, Council authorized
construction and sale of bond bids and set December 17, 1985,
a public hearing to confirm the formation of Games Drive
Assessment District. This project is located North of Basswood
Avenue between Highland Drive and Valley Street, and the project
consists of the construction of a new street complete with curbs,
gutters, sidewalk, street lights, stormdrain, sewer, water and
all other utilities. The assessment spread to various property
owners along Games Drive was based on the following method:
PAGE 2 of Agenda Bill No.- *)
1 .
2.
The Costs of the grading and construction of the pavement
area of James Drive were spread to the parcels having access
to the new street on a ratio of the developable area within
the District.
The costs of the construction of frontage improvements for
3S Drive, consisting of curb, gutter, and sidewalks,
} spread on a ratio of the lot frontages.
The costs of the construction of frontage imp
James Drive, consisting of curb, gutter, and
were spread on a ratio of the lot frontages.
3. The costs of construction of the drainage facilities were
paid for by a City of Carlsbad contribution.
4. The costs of the construction of the utilities with the
exception of the sewer laterals and water services were
spread on a ratio of all developable areas within the
district.
5. The costs of the sewer laterals and water services were
direct cost to the parcels receiving the benefits.
6. The incidental costs were spread on a ratio of all the
construction costs.
On December 5, 1985, seven (7) sealed bids were received for the
construction of James Drive as follows:
1. Kirchnavy Construction Inc.
2. Palomar Grading and Paving
3. Transco Pacific Co.
4. Erreca's Inc.
5. R.E. Hazard
6. C.J. Lumsdaine
7. South Coast Asphalt
$315,563.00
$317,925.00
$318,929.00
$377,704.05
$385,941.50
$405,773.50
$418,886.00
The engineer's estimate on this project was $387,000.00.
References have been verified on the low bidder Kirchnavy
Construction Inc. Staff recommends the award of this contract
Kirchnavy Construction Inc.
For the sale of Bonds, one (1) bids WISSe received as follows:
STONE & YOUNGBERG
to
Staff recommends the award of the sale of bonds to Stone & Youngberg.
PAGE 3 of Agenda Bill No.
Adoption of the above resolutions will accomplish the following:
- Ordering appropriate changes or modifications to the
Proceedings and the Engineer's Report.
- Denying any protests received, either oral or written.
- Approving the contribution.
- Confirming the assessment .
- Authorizing the issuance of bonds to finance the
improvements .
- Awarding the construction contract to the lowest responsible
bidder.
- Accepting the proposal for the sale of bonds.
- Accepting easements for roadway and utilities.
- Approving the agreement with San Diego Gas 4 Electric Co.
EXHIBITS;
1. Location and Assessment District Boundary Map.
2. Adopt Resolution No. FJoR' ordering certain changes
and modifications to the Engineer ' s "Report" in a special
Assessment District.
Adopt Resolution No. o? .-_ overruling and denying
protests and making certain findings in special Assessment
District .
4. Adopt resolution No. p3 f Q approving and providing
for contribution to pay certain costs and expenses in an
Assessment District.
5. Adopt Resolution No. op / / confirming the Assessment,
ordering the improvements made, together with appurtenances,
and approving the Engineer's "Report".
6. Adopt Resolution No. ^ 3 /2. authorizing and providing
for the issuance of bo no s pursuant to the "Improvement Act of
1911".
Adopt Resolution No. fPj?/ $ accepting bids and awarding
the contract for the construction of James Drive to
Kirchnavy Construction Inc.
PAGE 4 of Agenda Bill No. 7?e>4 -
8. Adopt Resolution No. ^j ( */ awarding sale of bonds and
providing for the establishment of a redemption fund.
Adopt Resolution No. fjj3 approving the agreement between
the City of Carlsbad and San Diego Gas and Electric Co. for
electrical and gas trenching and conduit installation and
appropriating funds in the amount of $14,199.00 to advance
deposit for said work.
10. Adopt Resolution No. 31C accepting easements for
utilities and roadway purposes for Games Drive Assessment
District .
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
DATE OF PUBLIC HEARING:DECEMBER 17, 1985
PUBLIC HEARING
FOR CONSIDERATION:
HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVEMENT
ACT OF 1913".
MAYOR:Announce that this is the time and place fixed for the
public hearing on protests or objections to the Resolution
of Intention, Engineer's "Report" and all other matters
relating to ASSESSMENT DISTRICT NO. 83-2 (JAMES DRIVE).
CITY CLERK:Announce that notice of Hearing has been given in the
manner and form as required by law, and that the following
affidavits are on file:
- Certificate of Posting Streets
- Certificate of Mailing Notice and Filing Boundary Map
- Affidavit of Publication of Notice of Improvement
- Affidavit of Publication of Notice Inviting Sealed Bids
- Affidavit of Posting Notice Inviting Sealed Bids
- Certificate of Mailing Bond Prospectus
STAFF:Explain purpose, scope and order of procedure for Public
Hearings.
STAFF:Explain general nature, location and extent of the
proposed works of improvement and boundaries of the
Assessment District.
Present and summarize "Report" pursuant to the
provisions of the "Municipal Improvement Act of 1913",
consisting of the following:
a. Plans;
b. Specifications;
c. Assessment Roll;
d. Assessment Diagram;
e. Description of the works of improvement.
Explain method and formula of assessment spread;
Make recommendation as to any modifications necessary
in the assessments or proceedings
Review construction bids received
Make recommendation as to sale of bonds
STAFF:Report on number (%) of protests received and announce
that copies have been delivered to each member of the
legislative body.
END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
PAGE TWO
DATE OF PUBLIC HEARING: DECEMBER 17, 1985
MAYOR:ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY.
First, ask to hear from anyone who wishes to speak against the
improvement, the Assessment District, or the method of spread.
Then, ask to hear from anyone who wishes to speak in favor of the
proceedings.
STAFF:
STAFF:
Report on final percentage (%) of protests received.
Presentation of any proposed changes or modifications to the
Engineer's "Report" and the Assessment District.
CITY COUNCIL:
CITY COUNCIL:
Discussion.
By Motion, declare Public Hearing CLOSED.
CITY COUNCIL:
IF THE LEGISLATIVE BODY WISHES TO PROCEED:
Adopt RESOLUTION ORDERING CHANGES AND MODIFICATIONS: This Reso-
lution is appropriate for any changes or modifications required
from the first presentation of the Engineer's "Report".
CITY COUNCIL:Adopt RESOLUTION OVERRULING AND DENYING PROTESTS: To be adopted
if any protests, oral or written, have been received.
CITY COUNCIL:Adopt RESOLUTION APPROVING CONTRIBUTION: This is the formal
action approving the contribution.
CITY COUNCIL:Adopt RESOLUTION CONFIRMING ASSESSMENTS: This Resolution orders
the work and confirms the assessments.
CITY COUNCIL:Adopt RESOLUTION AUTHORIZING ISSUANCE OF BONDS: This Resolution
authorizes the issuance of bonds to finance the improvements.
CITY COUNCIL:Adopt RESOLUTION AWARDING CONSTRUCTION CONTRACT: The adoption of
this Resolution awards the construction contract to the lowest
responsible bidder.
CITY COUNCIL:Adopt RESOLUTION MAKING AWARD FOR THE SALE OF BONDS: This Reso-
lution accepts the proposal for the sale of bonds to finance the
improvements.
LOCATION MAP
NAME
JAMES DRIVE ASSESMENT DISTRI
I Pff O J. WO.
Cl| 3135
EXHIBIT
7
1
RESOLUTION NO. 8308
2
RESOLUTION OF THE CITY COUNCIL OF
3 THE CITY OF' CARLSBAD, CALIFORNIA,
ORDERING CERTAIN CHANGES AND MODI-
4 FICATIONS TO THE ENGINEER'S "REPORT
IN A SPECIAL ASSESSMENT DISTRICT
5
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6
CALIFORNIA, has previously adopted its Resolution of Intention7
prusuant to the provisions of the "Municipal Improvement Act of8
1913", being Division 12 of the Streets and Highways Code of the9
State of California, for the construction of certain works of10
improvement in a special assessment district known and designated
as
12
ASSESSMENT DISTRICT NO. 83-2
13 (JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, based upon the presentation and recommendations of
16 staff and available documentation, it now appears that the changes
and modifications as set forth in the amended assessment roll, as
presented herein, should be approved and ordered to be done.
19 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
20 SECTION 1. That the above recitals are all true and cornect.
21 SECTION 2. That all changes and modifications as now set
22 forth in the submitted assessment roll and Engineer's "Report" are
23 hereby ordered pursuant to the authority of in Section 10352 of
24 the Streets and Highways Code of the State of California (the
25 "Municipal Improvement Act of 1913").
26 SECTION 3. That the Engineer's "Report", the Assessment
27 Roll, and all related documentation, as modified, are for the best
28
r
.interests of the property owners within the Assessment District,
and said assessment, as modified, is in accordance with the bene-
fits received, and the "Report", as herein modified and amended,4
shall stand as the "Report" for all subsequent proceedings5
relating to this Assessment District.6
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December _, 1985, by the8
following vote, to wit:
AYES' Council Members Casler, Lewis, Kulchin, Chick and Pettine
10
NOES: None
ABSENT: None
13 V -
MARY H^/CASLER, Mayor
14 ATTEST,:
15 ^^fe\^^£4--s rm\. '^j**7^f^> ,._ ^ .
AJ^ThlA L. -R'AUT-^NKRAp', City Clerk
16 KAREN R. KUNDTZ, Deputy
17 (SEAL)
18
19
20
21
22
23
24
25
26
27
28
1
> 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8309
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF'CARLSBAD, CALIFORNIA,
OVERRULING AND DENYING PROTESTS AND
MAKING CERTAIN FINDINGS IN A SPECIAL
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has, by Resolution, declared its intention to order
the construction of certain public works of improvement, 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, 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, certain owners of property liable to be assessed for
improvements have filed written protests or objections and deli-
vered the same to the City Council not later than the hour set for
hearing such objections; and,
WHEREAS, at the time set for said Public Hearing, all
t
protests and objections were duly heard and considered and *a"ll
matters as to the method and formula of the assessment spread and
the determination as to whether or not the property did receive a
benefit and whether the asesessments were apportioned in accor-
dance to benefit were heard and considered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing for the Assessment
District is hereby closed.
1
. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 3. That all protests and objections of every kind
and nature be, and the same hereby are, overruled and denied, and
it is further determined that said protests and objections are
made by the owners of less than one-half (1/2) of the area of
property to be assessed for said improvements within said
Assessment District.
SECTION 4. That it is hereby further determined that all
properties within the boundaries of the Assessment District
receive a local and direct benefit from the works of improvement
as proposed for said Assessment District, and it is hereby further
determined and declared that all assessable costs and expenses
have been apportioned and spread over the properties within the
Assessment District in direct proportion to the benefits received
thereby.
SECTION 5. That the Engineer's method of spread and appor-
tionment of all costs is hereby adopted and approved as being a
correct and proper apportionment and distribution of all assess-
able costs for these works of improvement.
PASSED, APPROVED and ADOPTED at a regular meeting of the CUy
*
Council held on the 17th day of December , 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
MARY H. CASTER,^Tayori/
AJ.XTHA L.^/AlW-ENKRfcffZ, City Clerk
KAREN R. KUNDTZ,/SEAL\ Deputy
1
RESOLUTION NO. 8310
,2
RESOLUTION OF THE CITY COUNCIL OF
3 THE CITY OF' CARLSBAD, CALIFORNIA,
APPROVING AND PROVIDING FOR CONT-
4 RIBUTION TO PAY CERTAIN COSTS AND
EXPENSES IN AN ASSESSMENT DISTRICT
5
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
6
CALIFORNIA, has, by Resolution, declared its intention to autho-
7
rize the construction of certain works of improvement pursuant to
8
the terms and provisions of the "Municipal Improvement Act of9
1913", being Division 12 of the Streets and Highways Code of the
10
State of California, in a special assessment district designated
as12
ASSESSMENT DISTRICT NO. 83-2
13 (JAMES DRIVE)
14 (hereinafter referred to as the "Assessment District"); and,
15 WHEREAS, this City Council is desirous of providing a contri-
16 bution as this time to pay a portion of the costs and expenses of
17 the work and proceedings; and
18 WHEREAS, pursuant to the provisions of Section 10205 of the
19 Streets and Highways Code of the State of California, said City
20 Council may so provide for a contribution to pay a portion of^the
21 costs and expenses at any time prior to the confirmation of the
22 proceedings on said Assessment District.
23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
24 SECTION 1. That the above recitals are all true and correct.
25 SECTION 2. That the City Council hereby approves and autho-
26 rizes the appropriation of the monies as set forth as a contribu-
27 tion in the Engineer's "Report" as herein presented relating to
28 the above referenced Assessment District.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
Said contribution shall be used to pay for the items of work as
set forth in said Engineer's "Report", and the appropriation shall
be from the funds as indicated therein.
v
SECTION 3. That said contribution is authorized pursuant to
Section 10205 of the "Municipal Improvement Act of 1913", being
Division 12 of the Streets and Highways Code of the State of
Californi a.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December § 1935, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MARY H.CASLER, Mayor
ATTEST:
s\ t^t _
L.-AW>ENkRA»Z, City Clerk
KAREN R. KUNDTZ, Deputy
(SEAL)
13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8311
RESOLUTION "OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING THE ASSESSMENT, ORDERING
THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE
ENGINEER'S "REPORT"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did previously adopt its Resolution of Intention for
Vthe construction of certain public works of improvement, together
with appurtenances and appurtenant work, including acquisition
where appropriate, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 83-2
(JA.MES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intention, a
"Report", as therein provided, was presented, considered and app-
roved; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to the
provisions of the "Municipal Improvement Act of 1913", being Divi-
sion 12 of the Streets and Highways Code of the State of Cali-
fornia, including the following:
1. Plans and specifications of the proposed improvements
2. Estimate of cost
3. Diagram of Assessment District
4. An assessment according to benefits
5. A description of the works of improvement; and,
WHEREAS, all protests and objections have been heard and
considered, and a full hearing has been given, all in the manner
provided by law; and,
WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published in the time, form and manner required
by law and as evidenced by affidavits on file with the transcript4
of these proceedings; and,5
WHEREAS, the owners of one-half (1/2) of the area assessed6
for the costs of the project did not file written protests against
the proposed improvements and acquisition, where appropriate, and8
the City Council did, after providing a full hearing, overrule and9
deny all protests and objections; and,10
WHEREAS, said City Council is now satisfied with the
assessment and all matters contained in the "Report", as now12
updated and submitted.13
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:14
SECTION 1. That the above recitals are all true and correct.15
SECTION 2. That the "Report", as updated and submitted,16
consisting of the assessment and diagram for the improvements,
together with appurtenances and appurtenant work in connection18
therewith, including acquisition where appropriate, is hereby
confirmed. •>20
SECTION 3. That the public interest and convenience require
the proposed improvements to be made, and therefore said City
Council hereby orders the work to be done and improvements to be
made together with appurtenances and appurtenant work in connec-
tion therewith, including acquisition where appropriate, in said25
Assessment District, as set forth in the Resolution of Intention26
previously adopted and as set forth in the "Report" presented and
(Z» I
considered, and as now submitted.
1
*
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 4. That the assessment contained in said "Report" is
hereby levied upon the respective subdivisions of land in the
Assessment District as set forth in said "Report".
SECTION 5. That the City Clerk shall forthwith deliver to
the Superintendent of Streets the said assessment, together with
the diagram attached thereto and made a part thereof, as con-
firmed, with his certificate of such confirmation attached and the
date thereof; and that said Superintendent of Streets shall then
immediately record said diagram arvd assessment in his Office in a
suitable book to be kept for that purpose and attach thereto his
certificate of the date of such recording.
SECTION 6. That said . Superintendent of Streets, upon the
recording of said diagram and assessment, shall mail to each owner
of real property within the Assessment District at his last known
address, as the same appears on the tax rolls of the County or on
file in the Office of the City Clerk, or to both addresses if said
address is not the same, or to General Delivery when no address so
appears, a statement containing a designation by street number or
other description of the property assessed sufficient to enable
the owner to identify the same, the amount of the assessment, the
time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be
issued on unpaid assessments pursuant to the "Improvement Act of
1911".
SECTION 7. That said Superintendent of Streets shall also
give notice by publishing a copy of a notice of recording of
assessment in the newspaper previously selected to publish all
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
notices as provided by law, giving notice that said assessment has
been recorded in his Office, and that all sums assessed thereon
are due and payable immediately, and that the payment of said
sums is to be made within thirty (30) days after the date of
recording the assessment, which date shall be so stated in said
notice, and of the fact that bonds will be issued upon unpaid
assessments.
SECTION 8. Upon confirmation of the assessments and recor-
dation of the assessment roll and diagram, a certified copy of the
assessment diagram shall be immediately filed in the Office of the
County Recorder. Immediately thereafter, a copy of the notice of
assessment shall be recorded in the Office of the County Recorder
in the manner and form as set forth by law and specifically
Section 3114 of the Streets and Highways Code of the State of
Californi a.
SECTION 9. That the Treasurer is hereby authorized and
directed to establish a special fund account to be known as the
IMPROVEMENT FUND, and designated by the name of this Assessment
District, into which fund shall be paid all payments t» be
received upon said assessment, and the proceeds of the sale of
bonds to be issued representing unpaid assessments.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December , 1985, by the
following vote, to wit:
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
4*4^/{.
HA L . fcWW
R. KUNDTZ, Deputy
Ulty tier*
(SEAL)
1
p>-
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8312
RESOLUTION'OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AUTHORIZING AND PROVIDING FOR THE
ISSUANCE OF BONDS PURSUANT TO THE
"IMPROVEMENT ACT OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has heretofore undertaken proceedings pursuant to the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, and has
confirmed assessments upon lands within a special assessment
district described in a Resolution of Intention previously adopted
for said improvements, said special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, said proceedings provided for the issuance of bonds
pursuant to the "Improvement Act of 1911", being Division 7 of the
Streets and Highways Code of the State of California, and it is
necessary to establish terms and provisions of such issuance; and,.t
WHEREAS, the final unpaid balance to assessment, as well as
the denominations, cannot be determined until following the 30-day
cash collection period after the recordation of said assessment.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. Unpaid Assessments. The Treasurer shall, imme-
diately upon the completion of the 30-day cash collection period,
determine the assessments which are unpaid and the aggregate
amount thereof.
1
V 2
3
4
5
6
7
8
9
ID
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 3. Registered Bonds. Said bonds shall be issuable
i
only as fully registered bonds in the respective denominations of
the unpaid assessments against each lot or parcel of land assessed
in said special assessment district.
SECTION 4. Date of Bonds. All of said bonds shall be dated
January 28, 1986, and interest shall accrue from that date.
SECTION 5. Maturity and Denomination. The bonds shall be
issued to represent each unpaid assessment of One Hundred Fifty
Dollars ($150.00) or more in serial form. The term of the bonds
shall be FOURTEEN (14) years from the second day of January next
succeeding the next September 1st following their date and, at the
expiration of said time, the whole principal sum then unpaid shall
be due and payable. On the second day of January of each year,
following the next September 1st after their date, an even annual
proportion of the whole amount is due and payable to the registe-
red owner of each bond, until the whole is paid, with all accrued
interest at the rate set forth herein.
SECTION 6. Interest. Each bond shall bear interest at the
i
rate as set forth in the accepted bid proposal for the purchas% of
said bonds from the interest payment date next preceding the date
on which it is authenticated and registered, unless said bond is
authenticated and registered as of an interest payment date, in
which case it shall bear interest from said interest payment date,
or unless said bond is authenticated and registered prior to the
first interest payment date, in which case it shall bear interest
from its date, until payment of its principal sum has been
di scharged.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 7. Place of Payment. The principal and interest on
the bonds shall be payable' in lawful money of the United States of
America at the office of the Treasurer.
Principal and interest on said bonds shall be
paid by check or draft to the registered owner thereof at his add-
ress as it appears on the books of registration, or at such
address as may have been filed with the Treasurer for that
purpose, as of the 15th day immediately preceding said interest
payment date.
SECTION 8. Redemption. The bonds may be redeemed by the
owner or any person interested in any lot or parcel of land
described therein, in the manner provided in the Streets and High-
ways Code, at any time before maturity, and before commencement of
proceedings for sale, upon payment to the Treasurer, for the
registered owner of the bond, of the amount then unpaid on the
principal thereof, with interest thereon (if not previously paid)
up to the next succeeding January 2 or July 2, as the case may be,
at the rate set forth herein, and all penalties accrued and
unpaid, together with a premium of five percent (5%) of Said
unmatured princi pal.
SECTION 9. Transfer of Registered Bonds. Any fully registe-
red bond may, in accordance with its terms, be transferred upon
the books of registration required to be kept pursuant to the
provisions of Section 11 by the owner in whose name it is registe-
red, or by his duly authorized attorney or legal representative,
upon surrender of such fully registered bond for registration of
such transfer, accompanied by delivery of a written instrument or
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
transfer in a form approved by the Treasurer and by the owner of
said bonds, duly executed.
The Treasurer shall require the payment by the
bondholder requesting such transfer of any tax or other governmen-
tal charge required to be paid with respect to such transfer and
such charges as provided for in the system of registration for
registered debt obligations.
No transfer of fully registered bonds shall be
required to be made during the fifteen (15) days next preceding
each interest payment date.
SECTION 10. Exchange of Registered Bonds. Fully registered
bonds may be exchanged at the office of the Treasurer, or desig-
nated transfer agent/registrar, for a like aggregate principal
amount of bonds of the same series, interest rate and maturity,
subject to the terms and conditions provided in the system .of
registration for registered debt obligations, including the pay-
ment of certain charges, if any, upon surrender and cancellation
of this bond. Upon such transfer and exchange, a new registered
-*
bond or bonds of any authorized denomination or denominationf of
the same maturity for the same aggregate principal amount will be
issued to the transferee in exchange therefor.
SECTION 11. Books of Registration. There shall be kept by
the Treasurer sufficient books for the registration and transfer
of the bonds and, upon presentation for such purpose, the
Treasurer shall, under such reasonable regulations as it may
prescribe, register or transfer or cause to be registered or
transferred, on said register, bonds as hereinbefore provided.
J
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
SECTION 12. Execution of Bonds. The bonds shall be executed
in facsimile by the Treasurer, and the corporate seal shall be
imprinted in facsimile on the bonds. The bonds shall then be
delivered to the transfer agent and registrar, for authentication
and registration. In case an officer who shall have signed or
attested to any of the bonds by facsimile or otherwise shall cease
to be such officer before the authentication, delivery and issu-
ance of the bonds, such bonds nevertheless may be authenticated,
delivered and issued, and upon such authentication, delivery and
issue, shall be as binding as though those who signed and attested
the same had remained in office.
SECTION 13. Authentication. Only such of the bonds as shall
bear thereon a certificate of authentication substantially in the
form below, manually executed by the transfer agent and registrar,
shall be valid or obligatory for any purpose or entitled to the
benefits of this Resolution, and such certificate of the transfer
agent and registrar shall be conclusive evidence that the bonds so
authenticated have been duly executed, authenticated and delivered
hereunder, and are entitled to the benefits of this Resolution.
FORM OF CERTIFICATE OF AUTHENTICATION AND REGISTRATION
This bond has been authenticated and registered on .
CITY OF CARLSBAD
as Transfer Agent and Registrar
By:
SECTION 14. Negotiability, Registration and Transfer of
Bonds. The transfer of any bond may be registered only upon such
books of registration upon surrender thereof to the transfer agent
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and registrar, together with an assignment duly executed by the
owner or his attorney or legal representative, in satisfactory
form. Upon any such registration of transfer, a new bond or bonds
shall be authenticated and delivered in exchange for such bond, in
the name of the transferee, of any denomination or denominations
authorized by this Resolution, and in an aggregate principal
amount equal to the principal amount of such bond or principal
amount of such bond or bonds so surrendered. In all cases in
which bonds shall be exchanged or transferred, the transfer agent
and registrar shall authenticate at the earliest practical time,
bonds in accordance with the provisions of this Resolution. All
bonds surrendered in such exchange or registration transfer shall
forthwith be cancelled. The legislative body may make a charge
for every such exchange or registration of transfer of bonds
sufficient to reimburse it for any tax or other governmental
charge required to be paid with respect to such exchange or
registration of transfer. The transfer agent and registrar shall
not be required to make such exchange or registration of transfer
of bonds during the fifteen (15) days immediately preceding^any
January 2nd or July 2nd.
SECTION 15. Ownership of Bonds. The person in whose name
any bond shall be registered shall be deemed and regarded as the
absolute owner thereof for all purposes, and payment of or on
account of the principal and redemption premium, if any, of any
such bond, and the interest on any such bond, shall be made only
to or upon the order of the registered owner thereof or his legal<
representative. All such payments shall be valid and effectual to
J
17
18
19
20
21
22
23
24
25
26
27
28
1
satisfy and discharge the liability upon such bond, including the
redemption premium, if any, and interest thereon, to the extent of
the sum or sums so paid.4
SECTION 16. Mutilated, Destroyed, Stolen or Lost Bonds. In
case any bond secured hereby shall become mutilated or be
destroyed, stolen or lost, the legislative body shall cause to be
executed and authenticated a new bond of like date and tenor in
exchange and substitution for and upon the cancellation of such9
mutilated bond or in lieu of and in substitution for such bond10
destroyed, stolen or lost, upon the owner's paying the reasonable
expenses and charges in connection therewith, and, in the case of
-L. (Z*
a bond destroyed, stolen or lost, his filing with the legislative13
body of evidence satisfactory to it and to the Treasurer thereof
that such bond was destroyed, stolen or lost, and of his ownership15
thereof, and furnishing the legislative body with indemnity16
satisfactory to it.
SECTION 17. Cancellation of Bonds. All bonds paid or
redeemed, either at or before maturity, shall be cancelled upon
the payment or redemption of such bonds, and shall be del i vere^J 'to
the transfer agent and registrar when such payment or redemption
is made. All bonds cancelled under any of the provisions of this
Resolution shall be destroyed by the transfer agent and registrar,
which shall execute a certificate in duplicate describing the
bonds so destroyed, and shall retain said executed certificate in
its permanent files for the issue.
SECTION 18. Improvement Fund. The proceeds from the sale of
the bonds, after deposit of required amounts in the Reserve Fund
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
and the Redemption Fund, shall be placed in the fund hereby
created, pursuant to Sections 10602 and 10424 of the California
Streets and Highways Code, as amended, which shall be called the
"Improvement Fund", and the monies in said Fund shall be used only
for the purposes authorized in said assessment proceedings. Any
surplus in the Improvement Fund after completion of the improve-
ments shall remain in the Improvement Fund for a period not less
than two (2) years from the receipt of bond proceeds as provided
in Section 10427.1 of the California Streets and Highways Code,
and thereafter shall be utilized or distributed as determined by
the legislative body.
SECTION 19. Redemption Fund. Principal of and interest on
said bonds shall be paid out of the Redemption Fund as authorized
pursuant to the "Improvement Act of 1911", being Division 7 of the
Streets and Highways Code of the State of California, as amended.
Accrued interest paid by the purchaser of the bonds, if any, shall
be deposited in the Redemption Fund. In all respects not recited
herein, said bonds shall be governed by said Act.
SECTION 20. Order to Print and Authenticate Bonds.
Treasurer is hereby instructed to cause bonds, as set forth above,
to be printed, and to proceed to cause said bonds to be authenti-
cated and delivered to an authorized representative of the
purchaser, upon payment of the purchase price as set forth in the
accepted proposal for the sale of bonds.
SECTION 21. Arbitrage Certificate. On the basis of the
facts, estimates and circumstances now in existence and in exis-
tence on the date of issue of the bonds, as determined by the
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
the Treasurer, said Treasurer is hereby authorized to certify that
it is not expected that the proceeds of the issue will be used in
a manner that would cause such obligations to be arbitrage bonds.
Such certification shall be delivered to the purchaser together
with the bonds.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December , 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
MAKY , Mayor
ATTEST:
V City Clerk
IEN R. KtJNDTZ, Deputy
(SEAL)
1
. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
£5
26
27
28
RESOLUTION NO. 8313
RESOLUTION OF THE CITY'COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
AWARDING THE CONTRACT FOR THE CON-
STRUCTION OF CERTAIN PUBLIC WORKS
OF IMPROVEMENT IN A SPECIAL ASSESS-
MENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did publicly open and examine all sealed proposals or
bids for doing the work and improvements described in its Resolu-
tion of Intention, which Resolution and a "Report" subsequently
approved, are hereby expressly referred to for a description of
said work and improvements and for all particulars relative to the
proceedings for the 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").
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this City Council hereby rejects all of said
proposals or bids except that herein mentioned, and does hereby
award the construction contract for doing said work and making
improvements in the Assessment District to the lowest responsible
bidder, to-wit:
Kirchnavy Construction, Inc.
at the prices named in the bid of said bidder on file with the
transcript of these proceedings and open for public inspection.
SECTION 3. That this award of contract is hereby conditioned
upon and made subject to the receipt of monies and proceeds from
1
, 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
'the issuance and sale of bonds. The Contractor shall not commence
construction or order equipment until he has received a Notice to
proceed. Any progress payment to the Contractor for work
completed may be delayed if monies have not been received from the
sale of bonds.
SECTION 4. That the works of improvement shall be con-
i
structed in the manner and form as set forth in the plans and
specifications for these proceedings, as previously approved as a
part of the "Report", as required by law, and specifically the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California.
SECTION 5. That the Mayor and City Clerk are hereby autho-
rized to execute the Agreement for the works of improvement
relating to said Assessment District on behalf of the City, and a
copy of said Agreement shall be on file with the transcript of
these proceedings.
SECTION 6. That all monies to pay for the costs and expenses
of the above-referenced Assessment District shall be paid from the
funds as deposited in the Improvement Fund, including any interest
»
earned thereon.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December , 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
1
- 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18 j
19
20
21
22
23
24
25
26
27
28
/.
MARY H. EASIER, Mayor
ALEJ7HA L.
2N R. KUNDTZ, Deputy
(SEAL)
City Clerk
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 8314
RESOLUTION OF THE"CITY^COUNC IL OF
THE CITY OF' CARLSBAD, CALIFORNIA,
MAKING AWARD FOR SALE OF BONDS AND
PROVIDING FOR THE ESTABLISHMENT OF
A REDEMPTION FUND
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has heretofore instituted and conducted proceedings
under 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, for 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"); and,
WHEREAS, in the Resolution of Intention it was determined and
declared that bonds should issue under the provisions of the
"Improvement Act of 1911", being Division 7 of the Streets and
Highways Code of the State of California; and,
WHEREAS, there has now been received, in proper form, a bid
(hereinafter the "proposal") for the purchase of said bond» to
issue under said proceedings, which is considered to best serve
the interests of owners of land included within the Assessment
District and should be accepted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the proposal received from
STONE & YOUNGBERG
for the purchase of improvement bonds representing unpaid
1
assessments in said Assessment District is hereby accepted and
• 2
approved.
3
SECTION 3. That said sale is subject to all the terms and
4
conditions as set forth in the Resolution of Issuance and the
5
accepted proposal.
6
SECTION 4. That the Treasurer is hereby directed to have the
7
bonds printed immediately upon the expiration of the cash
8
collection period, and then said Treasurer shall have said bonds
9
signed and delivered upon receipt of the amount of monies due
10
pursuant to said bid, and upon the performance of all the
11
conditions as set forth in the proposal.
12
SECTION 5. That the interest rate or rates on said bonds be,
13
and the same hereby is fixed at the rate or rates as set forth in
14
said accepted proposal.
15
SECTION 6. That the Treasurer is hereby authorized and
16
directed to keep a REDEMPTION FUND, designated by the name of the
17
proceedings, into which he shall place all sums received for the
18
collection of the assessments and the interest thereon, together
19
with all penalties, if applicable, thereon and from which he sha.ll
20 •>
disburse such funds to the registered owner. Under no circum-
21
stances shall the said bonds or interest thereon be paid out of
22
any other fund except as provided by law.
23
PASSED, APPROVED and ADOPTED at a regular meeting of the City
24
Council held on the 17th day of December , 1985, by the
25 '
following vote, to wit:
26
27
28
1
. 2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: N°ne
ABSENT: None if.
MAKY H/CA5LtK, Mayor
AL^THA L .--RAIWENKR/WZ, City Clerfc
EN R. KUNDTZ, Deputy
(SEAL)
RESOLUTION NO.8315
1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
2 OF CARLSBAD, CALIFORNIA, APPROVING AN AGREEMENT
BETWEEN THE CITY.OF CARLSBAD AND SAN DIEGO GAS
3 AND ELECTRIC CO. FOR TRENCHING AND ELECTRICAL
CONDUIT INSTALLATION ON JAMES DRIVE
4
5
6 WHEREAS, the City of Carlsbad will construct trenches
\
for gas and electric and install conduits on James Drive; and
8 WHEREAS, the San Diego Gas and Electric Co. will perform
9 inspection for trenching and electric conduit installation; and
10 WHEREAS, the City is required to deposit $14,199.00
11 with San Diego Gas and Electric Co. as an advance deposit.
12 NOW, THEREFORE, BE IT RESOLVED by the City Council of
13 the City of Carlsbad, California, as follows:
1. That the above recitations are true and correct.
15 2. That an agreement between the City of Carlsbad and
San Diego Gas and Electric Co. for the construction of utilities,
trenching and electrical conduit installation, a copy of which
18 is on file with the City Clerk and is incorporated herein by
reference, is hereby accepted.
20 3. That the Mayor of the City of Carlsbad is hereby'
authorized and directed to execute said agreement for and on
22 behalf of the City of Carlsbad.
23 ///
24 ///
25 ///
26 ///
///
28 ///
1
«
-2
3
4
5
6
7
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 17th day of December , 1985
by the following vote, to wit: •
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL)
_
MARY H/ CASLER, Mayor
, City Clerk
R. KUNDTZ, Deputy
J
RESOLUTION NO. 8316
1
2
3
WHEREAS, various property owners within the James
4
Drive Assessment District have submitted Grant Deeds conveying
5
an easement to the City of Carlsbad for Public Road and
6
Utilities purposes for construction of James Drive; and
7
WHEREAS, the City Council of the City of Carlsbad has
8
determined it to be in the public interest to accept said Deed:
9
NOW, THEREFORE, BE IT RESOLVED by the City Council of
10
the City of Carlsbad, California, as follows:
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING A GRANT DEED
1. That the above recitations are true and correct.
2. That the Grant Deeds from various property owners,
conveying road and utility easements to the City of Carlsbad
which is on file with the City Clerk and is incorporated herein
by reference, is accepted.
3. That the City Clerk is authorized to cause the
original Deed to be recorded in the Office of the County Recorder
of San Diego County, State of California, with the appropriate
Certificate of Acceptance attached. j -
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 17th day of pecemher > 1985,
by the following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST: MARY H.7CASLER, Mayor
AU&THA L. fTAUPCNKRAra, City Clerk
KAREN R. KUNDTZ, Deputy
(SEAL)
?6