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HomeMy WebLinkAbout1988-07-05; City Council; 9513; PALOMAR AIRPORT ROAD WEST ASSESSMENT DISTRICT NO 86-01 PUBLIC HEARING#I 4 co co m rl n 5l d *h rlrl NS N+J cow I coo TJM U oal 2.5 %2 I coal cod U a0 44J N IC? coN corn I "03 coco 4 cua IC coKJ co N nC4 hC4 dl Nco 103 co cos m -0 n mz 0 "G; ON m& al da a, as alC u -d a0 CdL) -4 .d c)L) CFt vu co co I Ul I h CLU OG rld H .. z 0 6 6 a z 3 0 0 CITWF CARLSBAD - AGENDWILL - AB#~KLL TITLE: DEP PALOMHR AIRPORT ROAD WEST CIT' MTG.07/05/88 ASSESSMENT DISTRICT NO. 86-1 DEPT. AD PUBLIC HEARING CIT' RECOMMENDED ACTION: 1. Adopt Resolution No. ff-'g/?- ordering changes to the Er "Report". 2. Adopt Resolution No. 8-f -2 1 (y denying protests and making 1 3. Adopt Resolution No. 6FfAA ly approving the contribution 4. Adopt Resolution No. ff-220 approving a utility ( 5. Adopt Resolution No. ff-2 A/ confirming the assessments 6. Adopt Resolution No. ff-22 a authorizing the issuance 7. (Agreement attached). and approving indenture. (draft indenture attached). Adopt Resolution No. ffe&23 making award for sale of bc ITEM EXPLANATION: On May 24, 1988, Council set the public hearing for this assessment for July 5, 1988. The Assessment District was initiated by the Cit. in order to bring about needed improvements on Palomar Airport Road f del Norte to 2,000 feet east of College Boulevard. Improvemen constructed include: Three traffic lanes and a bicycle lane in each directioi Median curbs and curb and gutter on each side of the ro Drainage facilities necessary to accommodate the road. 1. 2. 3. Grading and erosion control. 4. A 16 inch waterline under the road. 5. Median landscaping and stamped concrete and sidewalks are not includ district construction but will be constructed by the owners as the 1 and develops. The City will contribute the cost of the center four lanes, median proportional share of the grading, drainage and incidental costs. will also pay the assessments on two parcels of land on the north si road--one owned by Carltas and one owned by Ecke--which have been permanent agriculture under the Mello I1 Local Coastal Plan, si reimbursement in accordance with previously approved agreements. Three construction bids were received on June 22, 1988 as follows: Chilcote, Inc. $5,001,654.20 R.E. Hazard Construction Co. $5,118,367.90 West Coast General Corp. $5,977,087.63 The engineer's estimate (excluding contingency) was $5,312,420.00. of the construction contract is scheduled for a later Council meeti 0 1 0 e PAGE TWO OF AB# ys’j 3 - The Engineer’s Report has been revised to reflect the actual bid pi the low bidder. The costs in the Report are therefore, close to tl costs of the district, with a contingency amount included for anj orders. ENVIRONMENTAL IMPACT: The Conditional Negative Declaration was certified by the City Counci 17, 1988. Mitigation measures required for the project are includec construction contract. Necessary Coastal Commission, Army Corps of Engineers and Fish and Gam( have been obtained. FISCAL IMPACT: The low bid for the construction was under the Engineer’s estimate revisions to deeds for right-of-way reduced those costs slightly. As i the project cost will be slightly less than the preliminary estimate May 24, 1988. The following costs are amroximate; please re1 Engineer’s Report for the final figures: Construction Cost (included 10% contingency) $5,502,C Right-of-way (includes contingency) 863,4 Incidentals 926,7 1 ess Interest earned (148,E TOTAL PROJECT COST $8,116 , E less CRMWD Contribution (163,C less City Contribution (3,470, C TOTAL AMOUNT ASSESSED $4,483, E Currently, $3,100,000 has been appropriated for the City contri but additional appropriation of approximately $370,000.00 will be requir time construction contract is awarded. Of that, approximately $220,1 the City’s share of the construction contingency. Depending on wheth orders are required, all or part of that amount would return to the completion of construction. Financing Cost 973, c EXH I BITS : 1. Location Map. 2. Order of Procedure. 3. 4. Resolution No. ff-2.17 ordering changes to the E Engineer’s Report (separate bound report). ‘‘ Report I‘ . -4 1 0 0 PAGE THREE OF AB# ??3’/3 5. Resolution No. 88*2/a denying protests and making findi 6. Resolution No. ff-2 a/ 9 approving the contribution. 7. Resolution No. Ff-AnO approving a utility contract (A 8. Resolution No. xg-a i2 ‘ confirming the assessments. 9. Resolution No. ff-2 22 authorizing the issuance of bc 10. Resolution No. ffWaa3 making award for sale of bonds. attached). approving indenture (draft indenture attached). 3 a 0 ASSESSMENT DISTRICT NO. 86-1 B 4 I 0 0 ORDER OF PROCEDURE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD DATE OF PUBLIC HEARING: JULY 5, 1988 PUBLIC HEARING HEARING REQUIRED PURSUANT TO THE "MUNICIPAL IMPROVE FOR CONSIDERATION: ACT OF 1913". MAY OR : Announce that this .is the time and place fixed for the Hearing on the Engineer ' s "Report", Resolution of Intent ic all other matters relating to ASSESSMENT DISTRICT NO. 86-1 ( AIRPORT ROAD). CITY CLERK: Announce that notice of the Public Hearing has been given manner and form as required by law and that a Certific Compliance is on file certifying that notice was given following ways: - Posting all public rstreets within the District - Mailing notice to property owners within the District - Filing proposed boundary map in Office of County Recorder - Publication of Notice of improvement - Publication of Notice Inviting Sealed Proposals STAFF : - Explain purpose, scope and order of procedure for Public Hearing . - Explain general nature, location and extent of the F works of improvement and boundaries of the Assessment Dist - Present and summarize "Report" pursuant to the provisions "Municipal Improvement Act of 1913", consisting of: 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 t - Review construction bids received. - Make recommendation as to sale of bonds. - Report on number (%) of protests received and announce tha copies have been delivered to each member of the legislati body. assessments or proceedings. END OF STAFF RBPORT - OPEN FOR PUBLIC DISCUSSION EX1 > a 0 ORDER OF PROCEDURE CITY OF CARLSBAD (PALOMAR AIRPORT ROAD) PAGE TWO ASSESSMENT DISTRICT NO. 86-1 DATE OF PUBLIC HEARING: JULY 5, 1988 MAYOR : ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. First, ask to hear from anyone who wishes to speak agair improvement, the Assesrament District, or the method of spread Then, ask to hear from anyone who wishes to speak in favor proceedings. - STAFF : Report on final percentage (%) of protests received. Presentation of any proposed changes or modifications Engineer's "Report" and the Assessment District. CITY COUNCIL: Discussion. CITY COUNCIL: By Motion, declare Public Hearing CLOSED. IF TfiE LEGISLATIVE: BODY WISHJ%S To PROCEED: CITY COUNCIL: Adopt RESOLUTION ORDERING CHANGES AND MODIFICATIONS: This tion is appropriate for any changes or modifications requirl the first presentation of the Engineer's "Report". CITY COUNCIL: Adopt RESOLUTION OVERRULING AND DENYING PROTESTS: To be ado any protests, oral or written, have been received. CITY COUNCIL: Adopt RESOLUTION APPROVING CONTRIBUTION: This is the formal approving the contribution. CITY COUNCIL: Adopt RESOLUTION APPROVING UTILITY CONTRACT: Formal accept the Agreement between the City and Costa Real Municipal District. CITY COUNCIL: Adopt RESOLUTION CONFIRMING ASSESSMENTS: This Resolution the work and confirms the assessments. CITY COUNCIL: Adopt RESOLUTION AUTHORIZING ISSUANCE OF BONDS AND APPROVII INDENTURE: This Resolution authorizes the issuance of bc finance the improvements and approves the Bond Indent1 Official Statement. CITY COUNCIL: Adopt RESOLUTION MAKING AWARD FOR THE SALE OF BONDS: This tion accepts the proposal for the sale of bonds to finar improvements. *** I I I 8 8 I I I I I I I 1 I I U I I - CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 -- PALOMAR AIRPORT ROAD WEST FINAL 1 ENGINEER'S REPORT July 1, 1988 -= - N13S/Lowry Project No. 2468-015.008 Prepared by: NBS/Lowry Incorporated Engineers & Planners San Diego, California I 1 1 I I I I I I 1 1 I I I B I 1 TABLE OF CONTENTS I ENGINEER'S REPORT PA( I PLANS AND SPECIFICATIONS ........ I- PART - I1 cosr ESTIMATE .............. II- I I11 ASSESSMENT ROLL ............. I I I- -- IV ASSESSMENT DIAGRAM ........... IV- V DESCRIPTION OF WORK AND RIGHTS-OF-WAY u TO 13E ACQUIRED ............. v- VI PROPOSED MAXIMUM ANNUAL ASSESSMENT FOR ADMINISTRATION AND COLLECTION OF ASSESSMENTS ............... VI- -- i I 1 1 1 I 1 I i- 1 I I I 1 I i I u AGENCY: CITY OF CARLSBAD PROJECT: ASSESSMENT DISTRICT NO. 86-1 4 PALOMAR AIRPORT ROAD WEST TO: CITY COUNCIL ENGINEER'S REPORT PURSUANT TO THE PROVISIONS OF SECTIONS 2961 AND 10204 OF THE STREETS AND HIGHWAYS CODE I Pursuant to the provisions of Part 7.5 of the "Spec of 1931", being Division 4 of the Streets and Highways C of the State of California, and the "Municipal Improver Act of 1913," being Division 12 of said Code, and accordance with the Resolution of Intention, being Resolut No. 88-164, adopted by the CITY COUNCIL of the CITY CARLSBAD, STATE OF CALIFORNIA, in connection with proceedings for I Assessment Investigation, Limitation and Majority Protest ASSESSMENT DISTRICT NO. 86-1 --> (PALOMAR AIRPORT ROAD WEST) (hereinafter referred to as the "Assessment District") , GALEN N. PETERSON, authorized representative of NBS/LC INCORPORATED the duly appointed ENGINEER OF WORK, suk herewith the "Report" for the Assessment District, consist of five (5) parts as follows: 1 PART I Plans and specifications for the proposed improvements filed herewith and made a part hereof. Said plans and spc fications are 011 file in the Office of the City Clerk. B PART I1 An estimate of the cost of the proposed improvements, incl ing incidental costs and expenses in connection therewith, as set forth on the lists thereof, attached hereto, and on file in the Office of the City Clerk. PART I11 This Part shall consist of the following information: A. A proposed assessment of the total amount of the c( and expenses of the proposed improvements upon Page 1 ( 1 4 I I I 1 I 1 I 1 1 - several subdivisions of land within the Assessm District, in proportion to the estimated benefits to received by such subdivisions , from said improvemen is set forth upon the assessment roll filed herewith made a part: hereof. B. The total amount, as near as may be determined, of total principal sum of all unpaid special assessme and special assessments required or proposed to levied under any completed or pending assessrr proceedings , other than that contemplated for Assessment District, whichi would require an inves gation and report under the "Special Assessrr Investigation, Limitation and Majority Protest Act -c 1931" against the total area proposed to be assessed. C. The total true value, as near as may be determined, the parcels of land and improvements which are propc to be assessed. - PART IV A diagram showing the Assessment District, the boundaries -> the dimensions of the subdivisions of land within E - Assessment District, as the same existed at the time of passage of the liesolution of Intention, is filed herewith made a part hereof, and part of the assessment. I PART V Description of the work for the proposed improvements description of all rights-of-way, easements and lands to acquired, if necessary. 1 PART VI I collection of assessments. A proposed maximum annual assessment for administration Dated this -- 1st day of July , 1988. I I a I I NBS/L WRY INCORPORATED /2&,< q @A d L.5?.&+%/ ENGINEER 0 WORK CITY OF CARLSBAD STATE OF CALIFORNIA Page 2 ( 1: 1 u 1 I I I I 1 1 I I 1 I_ 1 I- I I I I I PRELIMINARY APFROVAL BY THE CITY COUNCIL OF THE CITY 1988. CARLSBAD, CALIFORNIA, ON THE 24TH DAY OF MAY aajbd.dPQ& CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA FINAL APPROVAL BY CITY COUNCIL, OF THE CITY OF CARLSE CALIFORNIA, ON THE -TA DAY OF r,L2/ I 198 I- - - 8 r-r ; Page 3 o I ENGINEER'S REPORT PART I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 1 (PALOMAR AIRPORT ROAD WEST) I PLANS AND SPECIFICATIONS I 1 The plans and specifications for this Assessment District , referenced herein and incorporated as if attached and a p -I - of this Report. I I I I I 1 I 1 1 I I I 1 I The plans are titled "Plans for the Improvement of Paloi Airport Road, Carlsbad, California, Engineers Stations 23+ to 109+77+" consisting of 55 sheets and signed on Decem 11, 1987 by Pourrtney Associates, The Contract Documents Specification are referred to as Contract No. 3151. --: 1-1 I I I I I 1 I I I I I I I- I.. /. I I I1 - 1 II ENGINEER'S REFDRT PART I1 CITY DF CARLSBRD ASSESSMENT DISTRICT NO. 8b-1 (PALDtlAR kIRPDRT ROAD) I COST ESTItlRTE SUHHURY PHELIHINRRY CONFIRMED -------------------------------------------- --------------------------------. ^^__________________------------------------ --------------------------------. CITY PROPERTY OWHERS TOTAL CITY PROPERTY OWNERS ________________________________________---- ----------------,----------------. ________________________________________---- ----------------..---------------. I. PUBLIC #[IRKS DF COMSTHUCTIOft [See Exhibit 'A" for details) Schedule I - Roadway 22,237,575 $2,155,043 24,392, t 18 $2,239,241 $2,650,256 Schedule I1 - Waterline 6 603,956 603,958 0 533,014 Bid Biternative KO. 2 0 6 0 0 34,350 Additional Bid Items - Roadway 48,145 126, 482 174,628 41,935 92,836 tlitigation Costs Excluding Land 51,169 51,169 lo?,? 17 0 6 Construction Contingencies 233,683 293,659 527,342 228,119 272,047 TOTAL CONSTRUCTION COSTS $2,570,513 $5,250,250 15,806,762 $2,509,305 $2,992,515 ------------- ------------- ------------- ------------- ------------- -. 11. LAND k RIGHT DF WRY Right of May Ease~ents 0 927,035 927,035 0 784,864 Land k Right of Way Conting~ncies 0 92,764 92,764 ,0 350,066 TOTRi LAND L RIGHT OF WAY 16 11,019,739 $1,619,739 $0 11,134,864 ------------- ------------- ------------- ------------- ------------- -. 111. PRYtlEHTS SDStE 0 0 0 0 0 Pat-Tel 0 0 0 0 0 CRYD 0 0 0 0 6 City of Carlsbad 0 0 0 6 6 TDTAL PRYtlENTS $0 $0 $0 $0 $0 ------------- ------------- ------------- ------------- ------------- -. IV. INCIDEWTAL EWPENSES Design Engineering Design of Road 50,633 50,633 100,0b5 56,633 50,633 Design of Yaterline 0 31,260 31,266 0 31,266 Additiclnal Design 9,500 9,560 19,000 9,506 9,500 Assessment Engineering 6 85,606 85,600 0 95,660 Environsental Iffipact Report 10,600 IO, 600 20,000 10,000 16,600 soils Engineering During D~sign 20,600 26,600 40,006 20,006 20,600 Construction Staking 37,560 37,560 ,c 1 J,W .. 37,560 37,500 Construction Contract fiaIIagEflEnt L Inspection Fees 70, 060 90,000 196,660 96,606 96,000 Costa heal Inspection Fees 0 10,000 10,000 0 10,600 Plan Printing 5,060 5,000 16,060 5,006 5, oil0 I Plan Checking FEeS 25,000 25,006 50,000 25,006 25,600 7c i During Construction 25,000 25,600 56,006 25,660 .~,t)06 I I I I I 1 I I I I- I I 8 i' I I I I1 - 2 1 EIGIMEER'S REPORT PART I1 CITY OF CARLSBAD ASSESWENT DISTRICT NO. 86-1 IPALOHAR AIHPDHT RDGD) I COST ESTIHATE SUNRARY PRELI HI NARY COWF I RHED ............................................ ____--________-__-_______________ ____________________------------------------ -------------------_------------~ CITY PRDPERTY DHEHS TDTAL CITY PROPERTY DWHERS ............................................ ................................. ............................................ ................................. Expense 3f Land Acquisition hight of Way Agent's Fee 0 10,060 10 , 660 0 10,000 Appraisal Costs 0 I5,QUO 15,000 0 15,000 Bond Registry, Paving Agent and Trustee 6 10,000 10,000 0 10,000 Title Report & Closing Costs 0 4,006 4,000 0 4,000 Legal Costs 0 50,000 50,000 U 50 , 000 Bond Counsel's Fee 0 29,250 29,250 0 29,250 Financial Consultant 0 3,000 3,000 6 3,000 Cost of Issuance 0 15,000 15,000 6 15,000 Bond Printing 0 3,006 3,000 0 3,000 City Administrative Fees 15,000 15,000 36 , 000 15,u60 151000 Pub1 1 cat 1 on Cost 5 1,560 1 , 500 3,000 1,500 t , 500 Incidental Contingency 110%) 28,853 55,398 84,252 28,853 55,398 -----_-__-_-- __-_--------_ ------------- ------------- --_---------- - TOTAL INCIDENTAL EXPENSES 137,386 $609,381 $926,767 2317,386 $609,381 SUBTOTAL $?,337,399 $4 , 859,269 $7,747,266 $2,226 491 $4,736 , 760 V. LESS IHTEREST EARNED ON CONSTRUCTION (2.72) ($69 , 404) (587,217) 1$156,621) 13 67 , 751 ) ($30,798) VI. LESS CASH CONTRIBUTION Costa Real Yater District Design 0 (7,8001 (? , 800) 0 (7,860) Construct 1 on 6 (166,688) (lt6,688~ 0 (154 , 925) City of Carlsbad (2,818,495) (79s , :AS) (3 , b 1 b , 860) t $2, ?:a ,940) (797,168) SUBTOTAL CASH CONTRIBUTIOII (22, 81?,,445) ($972,254) ($3,7?0,748) (22,758,940) ($959,853) --___-------- ------------- ------------- ------------- ------------- . --_ -- - VII. FIiAkING COST "% k %'" 6ond Discount (1.72) 0 82,501 82,501 0 80 , 248 Reserve Fund 110%) 0 495,300 485,566 0 472,047 Lapltaliz~d Interest 1107.) 0 485,300 485,300 0 472,047 _________--__ ___-_--_----_ -___------__- ___________-- ------------- . --_-_-__----- ------------- ------------- ------------- ------------- . TDTRL AHOUNT GSSESSED $0 $4,852,999 $4,852,999 20 $4,720,471 I. I '. I I I 1 .' I. '' 13 I -.. I ', CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. (PALOtlAR AIRPDRT RUAD) EXHIEIT 'A' TD PART 11 I PUBLIC UOfiKS OF COHSTRUCTIOM COST ESTIHATE BID ITEti DE5CRIPTIOH UNIT PUANITY UNIT COST TOTAL ---- -----___--------__-_______._____________-------------- -------- --------- ----------- ---------- ---- _-_--____----_______^_____._____________-------------- ____-_-_ __------- ----------- ---------- SCHEDULE I 1 HDEILI 7 AT I OH AND PREPARATORY #DRK LS 1 73,000.00 73,000. 2 UNCLASS I F I ED EXCAVAT IDN CY 267 , 500 6.38 1,706,650. 4 CURE AND BUTTER TYPE E LF 15,570 8.10 126,117 1: !I ASPHALT CONCRETE PAVE. b' THICK TUN 24 , 100 25.90 624,190 7 UHTREATED EASE 18' THICK CY 36,950 16.60 613,370 8 ASPHALT CONCRETE PAVE. 4a THICK TUN 935 26.00 24,310 9 UHREATED BASE 8' THICK CY 970 21.60 20,952 10 ASPHALT CONCRETE PAVE. 3' THICK TON 735 33.10 24,328 11 ASPHALT CDNCRETE PAVE. 1' THICK SF ' 132,,175 0.30 39,652 12 18' RCP STORY DRAIN (1350-Dl LF 1,075 40.00 43,000 13 18' RCP STORH DRAIN (1750-D) LF 289 40.00 11,560 14 24n RCP STORM DRAIN (1350-D) LF 525 43.90 23,047 14A 30' RCP STORH DRAIN 11350-D) LF 152 48.80 7,417 16 48' RCP STORH DRAIN 11750-D) LF 150 92.00 13,800 i 17 DOOELE 48" RCP STOR! DRAIN 11750-Dl LF 142 195.70 26,369 l€l 60' RCP STORH DRAIN (1350-D) LF 188 119.90 22,541 19 72' RCP STURM DRAIN (1350-D) LF 150 149.20 22 , 380 20 b'x 3' BOX CULVERT LF 137 292.00 40,004 21 TYPE b INLET 5' EA 4 2,355.00 9,420 E4 6 2,700.00 16!?00 LL 77 TYPE B INLET 8' 23 TYPE b-1 INLET 5' TO 10' 24 TYPE E-1 INLET 11' TO 18' EA 9 3,450.00 31,14( 25 TYPE B HEADMALL FUR 18' TO 3bR RCP EA 13 1,225.00 15,92: 26 TYPE A HEADWALL FOR Xu TO 54' RCP EA 3 1,905.00 5,71: 28 TYPE A HEADMALL FUR DOUBLE 48O RCP EA 2 2,355.00 4,711 - 3 UMCLASSI F I ED FILL CY 57 1200 1.00 57 ,200 F LF 16,072 8.00 128,576 6" TYPE 8-2 HEDIAN CURB * .. 15 36" RCP STORII DRAIN 11350-D) LF 150 66.40 9,960 EA 2 2,675.00 5,350 I I .: 27 TYPE A HElrDUALL FDR 60' TIi 72' RCP EA 3 2,130.00 6,3W 29 #IN6 TYPE HEADWALL FOR 30" RCP EA 2 1,460.00 2,92( 30 WIMS TYPE HEADWALL FOR 60" RCP EA 1 1,905.00 1 , 90: 33 TYPE b-6 STDRH DRAIN CLEAN-OUT EA 1 3,125.00 3,f?1 I .; 31 STRAIGHT EEADWALL FOR b'x 3' RCB EA 1 1,795.00 1,791 1.; 32 #IN6 TYPE HEADMALL FUR 6'x 3' RCB EA 1 2,130.00 2,131 34 TYPE F CATCH BASIN EA 2 1,890.00 3,76( '.C SJ RIP FtAS ENERGY DISSIPATUR CY 23 1 41.30 9,541 -7 7 36 BROW DITCH LF 4,550 7.10 S)L, JO! 37 TEERACE DRAIN LF 900 8.50 7,65( 38 3'x 3' PCC CATCH BASIN w/6RATE EA 2 1,740.00 3,48( 40 ROCK SLOPE PROTECT. (W'LY STA 98+71.5) CY 490 42.50 20,46( 41 SIDEWALK UNDERDRAIN (H[lD) EA 2 2,020.00 4,041 I -.: I --% I " -- 39 CHANNEL EXCAVATION (Y'1.Y ST4 98t71.5) CY 4,300 6.60 28,391 I1 - 3 1- I I I I I I I I I I I I I I I I I CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1. 1PALOt9Ak AIRPORT ROAD) EXHIBIT "Aa TO PART II I PUBLIC WORKS OF CONSTRUCTION COST ESTIHATE BID ITEM DESCRIPTION UMIT QUMITY UHIT COST TOTGL 42 CONCRETE DRIVEWAY 7.5" THICK SF 1,050 2.70 2,835, 43 SIDEUALk 4a THICK SF 815 2.10 1,711. 44 LAHDSCAPE IRR I GGT I OM SLEEVES LF 800 17.20 13,750. 45 IRRIGATION TAP HITHOU1 IIETER EA 8 775.00 b,200, 46 SEWER RELDCATIOH tSTG 9'7+57) LS 1 8,600.00 8,500, 47 ADJUST MANHOLE TO SHADE EA 12 385.00 4,620, 48 RECONSTRUCT t4ANHOLE VLF 90 76.70 b,903, 50 TRAFFIC LONTROL LS 1 25,570.00 35,570, 51 GUARDRLIL LF 1,230 15.50 19,995, 52 6ARRICADES AT COLLEGE BLVD. EA 4 350.00 1,400, 53 FINAL STRIPING LS 1 21,275.00 21,275 54 FINAL SIGHIN6 LS 1 5,175.00 5,175 55 SURVEY HONUHEHT EA 11 530.00 5,830 56 SHEETING, SHORING AHD BRACING LS 1 56,700.00 56,700 57 TRAFFIC SIGNALS LS 1 109,740.00 109,740 ---_ __________________________._____________-------------- -------- --------- ----------- ---------- -_-- -_________________________._____________-----_-------- -------- --------- ----------- ---------- 49 EROSION CONTROL LS 1 25,200.00 25,200, 58A IRRIGATION HEADS RAINBIRD 25EPJ EA 70 29.90 2,093 583 IRRI6GTIOH HEADS TORE 570 EA 289 12.70 3 , 570 b0 QUICK COUPLING VfiLVE EA 13 120.80 i ,570 bl LATERAL LINE LF 6,495 1.30 8,443 &3 BACKFLOW PREVEHTER ER 3 460.00 1,380 b4 CDHTROLLER w/aox EA 1 9,399.50 8,398 55C TREES - 24# BOX EA 15 247.30 3,709 5bB SHRUBS - 5 6AL EA 130 17.30 2 ,249 b7 HYDROSEED SF 97 , 700 0.10 9,770 68 ROOTED CLUHPS ITEM D#ITTEDt€*€**t**t* EA 0 0.00 0 59 VALVE WBOX PLASTIC 1-1/2' EA 21 143.80 3,019 62 flAIHLINE 2-1P LF 4 , 740 3.20 15,158 65A TREES - PLANT BAHDS EA 3 , 222 3.50 11,277 658 TREES - 15 6At EA 176 86.30 15,188 bbG SHRUBS - 1 6AL EA 2 9 527 4.96 12,872 69 PROJECT SIGNS EA 4 120.60 482 4,299,513 ----------- SCHEDULE I TOTAL EID ITEMS 1 THRDUGH 69 SCHEDULE I1 70 HOBILIZATION AND PREPCIRRTDHY WORK LS 1 10,000.00 10,000 13 VALVE ASSEllBLY 10" GV EA 1 895.00 895 LS 1 3,210.00 77 .l,LlO 71 TEHP. WORK ON 10" WATERLINE RECONST. LS 1 f1~700.60 5,700 72 blATERLIHE 10' ACP LF 1,154 22.10 25,503 74 AIR h VACUUH VALVE RELOCATION EA 1 510.00 510 75 TEHP. WORK ON 12" HATERLINE RECONST. 11 - 4 I I I I I I I I I I 1 I I I I I I I CITY OF CARLSEAD ASSESSHENT DISTRICT NO. 86-1. (PALDflAR AIRPORT ROAD) EXHIBIT 'A' TO PART 11 I PUBLIC WORKS OF CDH5TRUCTIOM COST ESTIMATE BID ITER DEStRIPTION UffIT CiUAHITY UNIT CDST TOTAL ---- _-__-_-__--_____________________________-_------__--- ____-__- ----_____ ___-__--_-- --___-_--_ _--- __--__----______________________________-_-_~--__---- __-----_ ------___ _____-_-_-^ ---------- 76 IATERLIHE 12" STEEL LF 64 1 52.70 3Z, 786. 77 VALVE ASSEHBLY 1T 6V EA 5 1,255.06 6,275. 79 EXTERIOR ELECTRICAL SER!'ICE FOR NETER STATION LS 1 6,?;0.60 6,230. $0 WATEELIME 16' STL FOR ItETER STATIUff LF 155 65.00 10,075. 81 DEROLTION h SALVAGE OF HISTINE HETER STATIDM LS 1 2,026.00 2,620. 82 PRESSURE REGULATING VALVE STATION LS 1 54,320.00 54, 326. 83 EXTERIOR ELECTRICAL SERVICES FOR PRV STATION LS 1 6,236.06 6,230. 84 WATERLINE 16' ACP 1F 5,867 36.76 213,116, 85 WATERLINE 12" ACP LF 73 40.80 2,978. 86 VLLVE ASSEHBLY 16' BV WlTH THRUST WALLS EA 2 3,616.06 7,226. 87 VALVE ASSERBLY 16' BV EA 3 3,475.00 10,425. 88 REINSTATE EXISTING VALVE (12') EA 1 210.60 210. 89 IANUAL AIR RELEASE ln EA 3 595.00 1,785. 90 llANUAL AIR RELEBSE 2' EG 7 960.00 6,720 92 klR AND VACUUH VALVE RELOCATION lE EA 2 865.00 1,610 94 FIRE HYDRANT ASSEHBLY EA 7 2,3;6.00 16,310 78 flETER STATIOM REOONfThUCTIOH LS 1 44,565.00 44,505. 91 BLDUOFF 4' EA 5 2,770.06 13,950 93 AIR AND VACUUIt VALVE Zn EA 3 1,580.06 4,740 95 SHEETING, SHORING AND BRACING LS 1 43,795.06 43,795 ----------_ SCHEDULE I1 TOTAL BID ITEHS 76 THROUGH 95 BID ALTERNATIVE NO. 2 533,014 107 ADDITIONAL WATERLINE IS' ACP LF 742 40.90 30,347 168 8' ACP UtlTERLINE (CP200) LF 110 20.70 2,277 1 IT9 in 6.V. EA 1 715.00 715 111 LUWP SUtl DEDUCTIDH ITEfl MUS. 107 THROUGH 116 LS 1 0.06 6 116 1" HANUAL AIR RELEASE EA 1 1,616.00 1,010 34,345 __-_____-_- TOTAL EID ALTERNATIVE t!O. 2 ITEH WDS. 107 THROUGH 111 CDDITfVE BID ITE& 112 EXIST CHkNNEL DEIO. (E'LY STk 98+71.5) LS 1 7,5(10.66 7,50( 113 CHA!!NEL EXCA?ATIDN IE'LY STA 99t71.5) CY 1,575 6.50 10,23; 114 CHANNEL ROCK SLOPE PROTECT. (E'LY STA 9Bt71.5) CY 255 41.30 10,531 115 UfiCLkSSIFIED EXCAVATIDhl (S'LY POR. ROADNAY1 CY 2,670 16.30 27,561 116 UNCLASSIFIED FILL (S'LY PUR. ROADWAY) CY 220 1.06 23 117 CURB AND GUTTER TYPE G LF 670 8.00 5,;6( 118 6" TYPE B-2 HEDIAN CURE1 LF 670 8.00 5,35( 119 ASPHALT CONCRETE PAVEHENT 6' THICK TON 940 25.90 24,34f 121 ADJUST HANHOLE TO GRAD[: EA 3 384.60 1 , 15; 120 UHTREATED BCiSE 18' THIM CY 1,500 16.60 26,56( 11 - 5 I I I I I I I I I I I I I I I I I 1 CITY OF CRRLSBAD ASSESSRENT DISTRICT flu. 86-1. PALORAR AIRPORT ROAD) EXHIBIT 'A' TO PGRT I1 I PUPLIC WORKS OF CONSTHUCTIOH CDST ESTINATE BID ITER DESCRIPTION UNIT QUkNITY UHT COST TDTAL 122 TEHPORARY PfiVIH6 3" FOR ADDITIDNAL WORE TOH 340 33.15 11,254. ____ ..................................................... -------- --------- ----------- ---------- __-- ..................................................... -------.. --------- ----------- ---------- 123 TRAFFIC CONTROL FOR ADDITIONAL #%E LS 1 3,520.00 5,520. 124 FINAL STRIPING FOR ADDITIDMAL UOHK LS 1 1,235.oir 1,235. _______-____ TOTAL ADDITIVE BID ITE14S (112 THROU6H 124) TOTAL SCHEDULES ],]I, ADDITIVE BID, AND ALTERNATIVE NO.? 61D ITER5 134,777. 5,001,654. -----------. ------- - ---. __------_--. ------ -----. ------- - ---. I1 - b I I I I 1 I I I I I I I I 1 I I I I ENGINEER'S REPORT PART I11 CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) ASSESSMENT ROLL WHEREAS, on May 24, 1988, the CITY COUNCIL of the CITY CARLSBAD, CALIFORNIA, did, pursuant to the provisions of 1 "Municipal Improvement Act of 1913", being Division 12 of 1 Streets and Highways Code of the State of California, and amended, adopt its Resolution of Intention No. 88-164, j the construction of certain public improvements, togetl with appurtenances and appurtenant work in connect: therewith, in a special assessment district known i designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) I (hereinafter referred to as the "Assessment District") ; anc WHEREAS, said Resolution of Intention, as required by 1: did direct the appointed Superintendent of Streets to mz and file a "Report", consisting of the following: a. Plans; b. Specifications; c. Cost estimate; d. Assessment Diagram showing the Assessment District i the subdivisions of land contained therein; e. A proposed assessment of the costs and expenses of 1 works of improvement levied upon the parcels and lots land within the boundaries of the Assessment District, f. A proposed maximum annual assessment for administratic and collection of assessments. For particulars,, reference is made to the Resolution Intention as previously adopted. NOW, THEREFORE, I, GALEN N. PETERSON, authorized represc tative of NBS/LOl/JRY INCORPORATED, the duly appointed ENGINI OF WORK, pursuant to the "Municipal Improvement Act of 191: do hereby submit the following: 1. I, pursuant to the provisions of law and the Resolut: of Intentioln, have assessed the costs and expenses the works of improvement to be performed in the Asse: ment Distrilct upon the parcels of land in the Assessmt District benefited thereby in direct proportion i 111-1 II I I I I I I I I I I I I I I relation to the estimated benefits to be received each of said parcels. For particulars as to t identification of said parcels, reference is made to t Assessment Diagram, a copy of which is attached heretc 2. As required by law, a Diagram is hereto attached as Pz IV of this Report, showing the Assessment District, well as the boundaries and dimensions of the respectj parcels and subdivisions of land within said District the same e.xisted at the time of the passage of si Resolution of Intention, each of which subdivisions land or parcels or lots respectively have been givel? separate nuinber upon said Diagram and in said Assessmc I I Roll. 3. The subdivisions and parcels of land the numbers there as shown on the respective Assessment Diagram attached hereto correspond with the numbers as appear on the Assessment Roll as contained herein. 4. NOTICE IS HEREBY GIVEN that bonds will be issued accordance with Division 10 of the Streets and Highwl Code of the State of California (the "Improvement BI Act of 1915"), to represent all unpaid assessments, the last installment of said bonds shall mature a ma. mum of TWENTY-FOUR (24) YEARS from the 2nd day September next succeeding twelve (12) months from th 1 date. Said bonds shall bear interest at a rate not exceed the current legal maximum rate of 12% per annul 5. By virtue of the authority contained in said "Munici Improvement Act of 1913", and by further direction order of the legislative body, I hereby make the foll ing Assessment to cover the costs and expenses of works of irnprovement for the Assessment District ba on the costs and expenses as set forth below: AS PRELIMINARILY AS APPROVED CONFIRMED I Estimated Cost of Construction: $5,800,762 $5,501,820 Estimated Incidentals, Right of Way, and Financing Cost: $2,999,606 $3,085,973 Estimated Total Project Cost: $8,800,368 $8,587,793 I Estimated Cash Contributions: $3,790,748 $3,718,773 Interest Earned During Construction: $ 156,621 $ 148,549 Balance to Assessment: $4,852,999 $4,720,471 111-2 i I I 1 I i II I 1 I 1 e I II I I I I For particulars as to the individual assessments E their descriptions, reference is made to the Exhibit ’ attached hereto. 6. The Method of Spread of Assessment is as set forth Exhibit ‘IB” to Part 111, which is ‘attached herel I referenced ,and so incorporated. DATED : Ju1.y 1 , 1988 WRY INCORPORATED CITY OF CA STATE OF CALIFORNIA 111-3 1 1 I 1 I I I I I 1 I I I I 1 I I I 1 I, ALETHA L. RAUTENXRANZ, as CLERK of the CITY OF CARLSB CALIFORNIA, do hereby certify that the foregoing Assessme together with the Diagram attached thereto , was filed in office on the 'I* day of ,TdJ)/ , 198 - dkZLt%tQ- CITY CLERK CITY OF CARLSBAD I, ALETHA L. RAUTENKRANZ, as CLERK of the CITY OF CARLSB CALIFORNIA, do hereby certify that the foregoing Assessme together with the Diagram attached thereto , was approved confirmed by the City Council of said City on the -5 ttt day of ;Tr?L)/ , 1988. -- - CITY CLERK CITY OF CARLSBAD I -- I, LLOYD HUBBS, as CITY ENGINEER of the CITY OF CARLSB CALIFORNIA, do hereby certify that the foregoing Assessme toqether with the Diagram attached thereto , was recorded my office on the 7 * day of TL)/ 119 111-4 I I II I I I I I .. ,- 1 I I I I D. 1 I II I 1 CITY OF CARLSBAD ASSESSNENT DISTRICT NO. 36-1 (FBLOKAR AIRPORT ROAD) EXHIBIT 'A' TD PART I11 ASSESSHENIS AS PRELIlil- ASSESSED VkLUE TRUE VALUE 1/2 VALUE UNPAID ASSESSDR'S PARCEL OF LAND [COUNTY ASSESSED VALUE OF PARCEL OF PARCEL SPECIAL NARILY CiSSESSHENT M5. NUIlEEH GSSR'S RECORDS) OF IHPROVEWEHTS (1931 ACT) (1931 ACT) ElSSESSNEHTS AFPROVED -____-_--------_ ---________----___-_ -_____..________ ____--_____---_ -_--_-______-_ _____-_____ _____________ __-____--____ ... 1 211-02-18 $337,258 $6 $357,259 $168,529 $6.60 211-021-20 1,165,621 0 1 ,165,521 582,911 6.06 21 1-621-2; 26Y,030 0 203 1 080 164,640 0.06 21 !-640-08 144,367 0 144,367 72,194 0.06 ~ . .--.- 21 1-021-26 52,020 0 52,023 26,610 0.0u 21 1-049-09 31,354 0 31,354 15,677 0.00 -------.-------- ---------------- -------------- -----------_ --_____-_____ ___________-__ $1,938,760 SO $1,938,700 $969,351 $0.00 $1,720,940.22 211-021-19 21 1-021-19 319,011 95,234 414,245 ?07,12?1 0.00 $0.00 212-040-3 212-040-25 125,551 0 125 , 55 1 62,776 0.00 $511,098.96 212-OU.6 212-040-26 136,656 0 l3b1b5b be,328 0.60 517,821.73 2 212-646-32 I , 37241 1 0 1,~72,811 685,406 0.00 212-646-35 319,317 0 319,317 159,659 6.00 212-046-36 207,060 0 207,660 103,530 6.60 212-040-37 I, 142,604 0 1 , 142, b04 571,:02 6.06 2 12-640-38 257,780 0 257,736 .- 123,890 0.60 ------_-------- ---------------- -------------- ------------- ------------- ------------- $3,2P9,572 $0 $3,299,572 $1,649,737 $0.00 $997,484.90 212-04 1-65 212-64 1-05 153,716 0 I52 , 7 16 76,858 0.00 $0.00 3 212-04 1-03 914,4e5 0 914,485 457,243 146,070.13 212-041-64 1,126,271 0 1,126,271 563,155 323,545.78 212-041-06 839,417 0 339,417 419,709 146,852.31 212-04 1-67 662,833 0 602,833 561,417 136,9!1.32 212-041-68 914,485 0 914,485 457,243 136,971.32 21 2-641 -09 565,295 6 555,295 252,548 134,7?1.06 -------.-------- ---------------- -------------- ------------- ------------- -------------- 14 ,Yh?,786 50 14,962,786 $2,481,395 $1,025,132 S1,406,077.91 4 2 12-1 16-6 1 23,165 0 223,165 111,533 0.06 212-116-62 167, 681 0 167,bR 1 53,341 0.06 212-1 10-03 99,378 0 ~,87e 49,939 0.00 212-110-65 ie2,070 0 182,070 91,035 6.60 212-110-06 143,055 0 143,055 71,528 6.00 212-110-08 176 , 347 0 176,347 38,174 6.00 212-110-04 103,519 0 103,519 51,750 0.00 212-110-07 125,368 0 125.268 62 , 634 0.00 ___-___.______-- ___-_--_________ ___________--- _____________ _____________ ____-----_--_- so. 00 s199,575.34 Slq 161,083 $0 $1,151,03~ ~530,544 _______.__-_____ ______________-_ __----__--__-- ---__________ _____________ -------------- _______________ ___________-____ ______________ _____________ _____________ ______-----__- 29 PARCELS 11,771!,0b4.06 0.00 11 ,778, 064.00 5,889, 046.00 1 , 025,132. 42 $4,852,999.05 I11 - 5 1 I I I II I I I I I I I I 1 1 I I I ENGINEER'S REPORT CITY OF CARLSEiAD ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD WEST) EXHIBIT "B" TO PZiRT I11 METHOD AND FORMULA OF ASSESSMENT SPREAD I The law requires and the statutes ?rovide that assessmer -- as levied pursuant to the provi;ions of the "Municj Improvement Act of 1913," must be based on the benefit t the properties receive from the wc'rks of improvement. statute does not specify the method or formula that shoulc used in any special assessment district proceedings. responsibility rests with the Assessment Engineer, who retained for the purpose of making an analysis of the fz and determining the correct apport:-onment of the assessn obligation. For these proceedings, the City has retained services of NBS/Lowry Incorporated. See Attachment I fc -- statement of their qualifications and experience. The Assessment Engineer then makes his recommendation at public hearing on the Assessment District, and the fj authority and decision rests with the City after hearing testimony and evidence presented at that public hearj Upon the conclusion of the public hearing, the City must n the final decision in determining whether or not the ass€ ment spread has been made in direct proportion to benefits received. Analysis City of Carlsbad policy Statement Fro. 33, effective May 1984 sets the policy for use of Assessment Districts finance Public Improvements. The improvements incl arterial streets identified on the c:irculation element of Carlsbad General Plan. It further permits certain imprc ments within the arterial street right-of-ways to be finar and to include, sewers, water lines, drainage and puk utilities. The arterial street to be constructed and financed by t assessment district is a portion 2f Palomar Airport Rc This street permits only limited access to adjoining propc and, in general, point access is limited at intervals of 2 u feet. B- 1 1 I I 1 I B I I I I 1 I I I I I 1 I Benefits and Assessment Criteria Palomar Airport Road exists and provides an improved two 1 traveled way and currently carries l~ relatively high traf volume. Where development has occu.rred, adjacent to Palo Airport Road, the improvements to widen Palomar Airport R to its ultimate width have been paid for and constructed the land owner as a condition for di2velopment. The verti alignment of the existing roadway requires adjustment structural failures are occurring in the roadway. construction or reconstruction of the interior two traf lanes in each direction and the center median includ appropriate share of specific incidental costs will financed by the City of Carlsbad. This leaves the outs travel lanes, the parking lane, curb and gutter and park improvements to be the obligation of adjoining prope owners. The adjoining property owners receive a dir benefit by the construction of street and utility imprc ments adjoining their property. The total construction cc for improvements are assessed on a front footage basis to benefited properties. Certain assessor's parcel numbers within the boundaries the Assessment District are in common ownership. Some these parcels do not abut Palomar Airport Road. With limi access to Palomar Airport Road, the direct benefit asses to the adjacent properties on a front footage basis exte to the non-abutting parcels. Parce Ls under common owners are assigned a single assessment number. Future division these parcels and sale to different owners will requ segregation of lthe assessment. It will be the intent in segregation process, even though the assessment is spread front footage basis, to allocate the assessment to all 1 on benefited area. The above will also apply to large land parcels that subsequently divided and only a portion of the subdivi parcels abut Pailomar Airport Road. The benefit accrues all the land and the Segregation may be made on an a I basis. Certain lands abutting Palomar Airport Road are curren restricted by the Williamson Act and the local coastal zc The frontage assessment for two properties APN's 211-021 and 212-041-05 (approximately 2555 Eeet in frontage) will borne by the City of Carlsbad. An agreement exists repayment of the assessment to the City upon the approval develop and use the property for USES other than agricultu B-2 I I I 1 I 1 I I I I 1 I I I I I 1 I The cost of land and right-of-wajr have been assessed f 01 lows : The cost of slope easements cm a certain parcel w assessed directly to that parcel since future grading that parcel may allow the use of that area paid a slope easement. The remaining cost of land right-of-way was assessed on a front footage basis the benefited properties. Tw3 properties (Assesso Parcel No. 211-021-20 and Assessment No. 4) w excluded from this frontage ,assessment for remain right-of -way because they have previously dedicated full amount: of necessary right-of-way. Incidental costs less cash contributions and interest ear during construction were prorated to each of the benefits accordance wit.h each benefit's share of the to construction costs. Financing costs were prorated to each of the benefits accordance with each benefit's share of the total constr tion, land acquisition and incidental costs. In conclusion, it is my opinion tha-2 the assessments for above-referenced Assessment Distri =t have been spread direct proportion with the benefits that each parcel recei from the works of improvement. m DATED : July 1 , 1988 NBS/L IRY INCORPORATED /&-:y& _Rd&fl-b ASSESSMENT E GINEER CITY OF CARLSBAD STATE OF CALIFORNIA I .. B-3 %I El rn 0 H E; H El 81 H= H W C! 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I 1 i VICINITY MAP , NOT TOSCAE r \ i- e -1 l 1 i -I 7 e. 1. \I f f /= i r -+: 4 WS57 D ASSESSMENT (PALOMAR c CITY COUNTY OF SAN -i L fl, T. - b - - - - -' \ I -4 'p - ms7 k I: ASSESSMENT (PALOMAR CITY COUNTY OF SAN I -I - '4 P- ---e- - I I 1 I I I 1 1 I 1 31 II I I 1 I B 1 I ENGINEER’S REPORT PART V CITY OF CARLSEIAD ASSESSMENT DISTRICT NO. 86-1 DESCRIPTION OF WORKS OE’ IMPROVEMENT AND RIGHTS-OF-WAY TO EiE ACQUIRED DESCRIPTION OF WORKS OF IMPROVEMENT The proposed works of improvement are generally described follows: - Palomar Airport Road is a primary a.cteria1 having a 126 f right-of-way with three travel lane; in each direction an median. The proposed improvements to Palomar Airport R will bring this road to full City standards from Paseo Norte easterly approximately 8,742 lineal feet to southwesterly boundary of that area known as Carlsbad Tr No. 81-46, Map 111289; and more specifically include: 1) full width improvements constriicted to adopted line grade with water, drainage, fire hydrants, traf -= control and appurtenant work from 250 feet easterly Paseo De Norte, to a point easterly approximately 7, lineal feet:, 2) half street: improvements on the north side of the str with water, drainage, fire hyd.rants and traffic cont from the easterly end of 1) iibove improvements, tc point easterly approximately 765 lineal feet. 3) median improvements from appro::imately the easterly c of 2) above improvements, to a point easterly appro: mately 343 lineal feet plus from said easterly end of above to a point approximately 95 lineal feet westei overlapping the half street improvements identified 2) above. 4) Additive bid items also include half street improvemei on the south side of the street with water, drainac fire hydrants and traffic control from the easterly f of 1) above to a point easterly approximately 670 linc feet. Temporary irrigation and erosion control will be installed the parkway and on cut and fill banks. v- 1 8 I I 1 I I I I I I I I I I I a I RIGHT-OF-WAY CEF.TIFICATE STATE OF CALIFORNIA CITY OF CAKLSBAD The undersigned, LLOYD HUBBS, hereby CERTIFIES UNDER PEN? OF PERJURY that the following is all true and correct: At all times herein mentioned, the undersigned was, and is, the duly appointed City Ehgineer and authori representative of the CITY OF CARLSEAD, CALIFORNIA. That there have now been instituted proceedings under provisions of the "Municipal Improvement Act of 1913," be - 1- Division 12 of the Streets and Highways Code of the State California, for the construction of certain put improvements in a special assessment district known designated as ! I ASSESSMENT DISTRICT NO. 86-1 PALOMAR AIRPORT ROAD WEST (hereinafter referred to as the "Assessment District"). --- THE UNDERSIGNED STATES AND CERTIFIES AS FOLLOWS: - (check one) ( ) a. That all easements, right-of-way, or land neces: for the accomplishment of the works of improvement the above referenced Assessment District have k obtained and are in the possession of the City Carlsbad. (X) b. That (211 easements, rights-of-way or land neces: for the accomplishment of the works of improvement the above referenced Assessment District have f obtained and are in the possession of the City Carlsbad, EXCEPT FOR THOSE set forth in a sepal document on file with the Cizy of Carlsbad, State California, and made a part hereof as if incli herein, showing the legal descriptions of rights-of- and easements not yet obtained at this time, It is further acknowledged that works of improvement proposed to be constructed within said Assessment Disti must be constructed within public rights-of-way, land, easements as owned by said City at the time of construction of the works of improvement, and the undersic hereby further certifies that all rights-of-way necessary n v- 2 I the works of improvement will be obtained and in possession of the City prior to the commencement of construction. EXECUTED THISLA day of ZuLf I I i I 1 1 I I 1 I I I I I 1 I 1 I , 1988. - -- v-3 I I I 1 I II 1 I I I I I I I I I 1 I 1 ENGINEERI'S REP 3RT PART VI CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 86-1 A proposed maximum assessment of $60.00 per assessed para will be levied upon each of the several subdivisions of la in the district including parcels representing a division any parcel to pay costs incurred by the CITY OF CARLSBAD a not otherwise reimbursed which result from the administrat and collection of assessments or from the administration I registration of any associated bonds and reserve or othe - --- related funds. -- VI-1 1 , r 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 0 0 88-2 17 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES AND MODIFICATIONS TO THE ENGINEERI'S "REPORT" IN A SPECIAL ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of CITY OF CARLSBAD, CALI has previously adopted its Resolution of Intention pursi the provisions of the "Municipal Improvement Act of 1913" Division 12 of the Streets and Highways Code of the SI California, for the construction of certain works of impr in a special assessment district known and designz ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (herc referred to as the "Assessment District"); and WHEREAS, based upon the presentation and recommendat staff and available documentation, it now appears t changes and modifications as set forth in the amended ass roll, as presented herein, should be approved and ordere done. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all t correct. SECTION 2. That all changes and modifications as st in the final assessment roll and Engineer's "Report" as submitted are hereby ordered and authorized to be made. particulars, reference is made to said "Report" as approved, a copy of which will remain on file with the tr of these proceedings and open for public inspection. I > 4 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 e 0 SECTION 3. That the Engineer's "Report", the Ass Roll, and all related documentation, as so modified, are best interests of the property owners within the Ass District, and said assessment, as modified, is in accordan the benefits received, and the "Report", as herein modif amended, shall stand as the "Report" for all subsequent E ings relating to this Assessment District. PASSED, APPROVED AND ADOPTED by the City Council of t of Carlsbad at its regular meeting held on the 5th July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson ATTEST: ALETHA L. RAUTENKRANZ, Cityklerk (SEAL) ' I c * 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 0 e 88-218 RESOLUTION NO. 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 CI CALIFORNIAf has, by Resolution, declared its intention t the construction of certain public works of improvement, to the terms and provisions of the "Municipal Improvement 1913", being Division 12 of the Streets and Highways Cod€ State of California, in a special assessment district kr designated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPO: (hereinafter referred to as the "Assessment District"); an WHEREAS, certain owners of property liable to be for improvements have filed written protests or objecti delivered the same to the City Clerk not later than the 1 for hearing such objections; and WHEREAS, at the time set for said Public Heari protests and objections were duly heard and considered, matters as to the method and formula of the assessment sp the determination as to whether or not the property did rl benefit and whether the assessments were apportioned ir dance to benefit were heard and considered. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all t correct. SECTION 2. That the public hearing on the As District is hereby closed. 1 t % 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 28 27l e e SECTION 3. That all protests and objections of eve and nature be, and the same hereby are, overruled and den. it is further determined that said protests and objecti made by the owners of less than one-half (1/2) of the property to be assessed for said improvements within said ment District. SECTION 4. That is hereby further determined that i perties within the boundaries of the Assessment District local and direct benefit from the works of improve a proposed for said Assessment District, and it is hereby determined and declared that all assessable costs and I have been apportioned and spread over the properties wit boundaries of the Assessment District in direct proportioi benefits received thereby. SECTION 5. That the Engineer's method of spread an( tionment of all costs is hereby approved and adopted as correct and proper apportionment and distribution of all able costs for these worka of improvement. PASSED, APPROVED AND ADOPTED by the City Council of i of Carlsbad at its regular meeting held on the 5th July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson ATTEST: ALETHA L. RAUTENKRANZ, City C erk (SEAL) h /gAaA a I 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 * 0 RESOLUTION NO. 88-219 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING AND PROVIDING FOR CONTRIBUTION TO PAY CERTAIN COSTS AND EXPENSES IN A SPECIAL ASSESSMENT DISTRICT AND APPROPRIATING FUNDS. WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD CALIFORF Resolution, declared its intention to authorize the construction of c of improvement pursuant to the terms and provisions of the "Municipal Act of 1913", being Division 12 of the Streets and Highway Code of California, in a special assessment district known and designated a DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred "Assessment District") ; and, WHEREAS, the legislative body is desirous at this time of contribution to pay a portion of the costs and expenses of t proceedi ngs ; and, WHEREAS, pursuant to the provisions of Section 10205 of the Highways Code of the State of California, a contribution may be pro a portion of the costs and expenses at any time prior to the confirn i proceedings on said Assessment District. WHEREAS, the City will require the appropriation of $120,000 i funds to support the City's contribution to the District. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That the appropriation of the monies as set contribution in the Engineerls "Report" as herein presented relating referenced Assessment District is hereby approved and author contribution shall be used to pay for the items of work as set f Engineer's "Report" and the appropriation shall be from the funds t herei n . 1 . 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 a 0 SECTION 3. That said contribution is authorized pursuant to S of the "Municipal Improvement Act of 1913", being Division 12 of the Highways Code of the State of California. SECTION 4. That the amount of $120.000 is hereby appropriai unappropriated public facilities fund balance to the Palomar E Assessment District Project Account. PASSED, APPROVED AND ADOPTED at a regular meeting of the C( Council held on the 5th day of July 7 following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Ma NOES: None ABSENT: None ABSTAIN: Council Member Lar ATTEST: 1 P? I ALETHA L. RAUTENKRAFJZ, City e> (SEAL) I ' * 1 2 3 4 5 6 7 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 a 0 RESOLUTION NO. 88-220 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING UTILITY CONTRACT WHEREAS, the CITY COUNCIL of the CITY OF CA CALIFORNIA, has, pursuant to the provisions of the "MU Improvement Act of 1913", being Division 12 of the Strec Highways Code of the State of California, by adoption Resolution of Intention, declared its intention to or1 construction and installation of certain works of imprc together with appurtenances, in a special assessment d known and designated as ASSESSMENT DISTRICT NO, 86-1 ( AIRPORT ROAD) (hereinafter referred to as the "Ass( District"); and, WHEREAS, pursuant to Section 10110 of the Strec Highways Code of the State of California, it is requirt prior to the time that any works of improvement are pursuant to said proceedings, the legislative body contract, provide that certain works shall be performed t public agencies or regulated public utilities who will h legal title to the facilities, and further that said imprc shall thereafter constitute a part of their system; and, WHEREAS, it is further provided that any such a< shall be made prior to the adoption of the Resolution C Work under the assessment proceedings; and, WHEREAS, at this time, contracts have been revie submitted pursuant to the authorization of Section 10110 Streets and Highways Code. 1 \ 1 2 3 4 5 6 7 8 9 1o 11 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all ti correct. SECTION 2. That the agreement, herewith submitted, between the City and the COSTA REAL MUNICIPAL WATER Dl relating to the construction and installation of certain i ment facilities that will be under the ownership, managen control of other public agencies or regulated public ut is hereby approved and authorized for execution by the bl: the City Clerk. SECTION 3. That immediately upon execution, a cc copy of said contract shall be transmitted to the office. Water District, together with a copy of this Resolution. PASSED, APPROVED AND ADOPTED by the City Council of 1 of Carlsbad at its regul-ar meeting held on the 5th July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson ATTEST: ALETHA L. (SEAL.) .. 0 e , AGREEMENT FOR INSTALLATION, ACQUISITION, CONVEYANCE, MAINTENANCE AND OPERATION OF IMPROVEMENTS w$t$%&x; THIS AGWEMENT, made and entered into this 1% day of and between CITY OF CARLSBAD CALIFORNIA (hereinafter calle REAL MUHICIPAL WATER DISTRICT (hereinafter referred to as "District"). WHEREAS, Agency is considering proceedings pursuant to the provisions of thc pal Improvement Act of 1913", being Division 12 of the Streets and Highway the State of California, for the construction and installation of certain ments, including utility improvements, within a epecial assessment distric assess the costs and expenses of such improvements against properties k from said improvements, said special assessment district known and desi ASSESSHEZNT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred "Assessrmnt District") ; and, WHEREAS, District is a public agency, organized and existing under the la State cf California, and is authorized and obligated to provide servic territor- and property within the boundaries of the proposed Assessment and, WHEREAS, the improvements to be constructed under the Assessment Distric the imstallation of certain public improvements, together with utility imp1 all as vi11 be shown on the plans and specifications as set forth in the E "Report" , and the improvements proposed for this Assessment District whic under ttP ownership, management and control of District are herewith des the conitruction of certain water improvements to serve and benefit E within the boundaries of ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) WHEREAS, Agency and District desire at this time to enter into this pursuant to the provisions and authorization of Section 10110 of the St Highways Code of the State of California. NOW, THE?.EFORE, IT IS MUTUALLY AGREED between the parties as follows: RECITALS SECTION 2. That the above recitals are all true and correct. PROCEEDINGS SECTION 2. Agency shall continue to conduct proceedings for finan construction of improvements proposed for the above-reference ment District, including those facilities to be under the c management and control of District, and for a full and complete tion of the works of improvement to be under the control, IT and ownership of District, reference is hereby made to the specifications, all of which will be incorporated in the E "Report" for the above-referenced Assessment District. . 0 0 PLANS AND SPECIFICATIONS SECTION 3. District shall furnish and supply, and/or approve, all plans, 8 tions and drawings, as well as provide administration, superv inspection as necessary and required for the construction and tion of the above referenced improvements, IMPROVEMENT FUND SECTION 4. Upon the confirmation of an assessment to pay the costs and e the works of improvement, the Agency shall establish a specia ment Fund, into which shall be deposited all payments made assessment, as well as the proceeds from the sale of bonds. shall be used exclusively for the payment of the costs and e the proceedings and to reimburse costs for the the constri installation of all public facilities. PAYMENT SECTION 5. All payments required to be made by Agency for the Assessment shall be made solely and exclusively from the special Improvem and Agency shall not be obligated to make any such payment other funds or monies of said Agency. This Agreement is subje power of the legislative body to abandon the proceedings at prior to the effective date of this Agreement. OWNERSHIP OF FACILITIES SECTION 6. Upon completion of the installation of the facilities, Disti own, operate and maintain said improvement facilities, continue to provide service to the property owners wi. boundaries of the Assessment District in accordance with i laws , regulations and ordinances in force. Said facilitj become part of the system of District and shall thereafter operated and maintained as part of said system. AUTHORIZATION SECTION 7. This Agreement is made pursuant to the authorization of Sect. of the Streets and Highways Code of the State of California, t cipal Improvement Act of '1913". EFFECTIVE DATE OF AGREEMENT SECTION 8. Pursuant to Section 10110 of the Streets and Highways Code, th ment shall become effective after proceedings have been taken ordered, pursuant to the "Municipal Improvement Act of 1913" ( are available to carry out all of its terms. In the event the ings for the formation of the special Assessment District abandoned, enjoined or held by a court of competent jurisdict illegally or improperly conducted, or if for any reason the pr are not consummated, or if consummated and funds are not suff available, then this Agreement shall be terminated and any between the parties shall be-cancelled. . I 0 e 7 NOT I CE SECTION 9. Any notices authorized or required by this Agreement Bhall be have been given when deposited in the United States mail, prepaid, addressed to the persons below listed: TO AGENCY: CITY OF CARLSBb 1200 ELM AVENUE CARLSBAD, CA 92008 ATTENTION: CITY XANAGER TO DISTRICT: COSTA REAL MUNICIPAL WATER DISTRICT 5950 EL CAMINO REAL CARLSBAD, CA 92008 ATTENTION: GENERAL MANAGER SPECIAL TERMS AND CONDITIONS SECTION 10. For any particular terms and conditions as they relate to thii ment District and these proceedings, reference is made to Ex1 attached hereto and incorporated herein. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the year first hereinabove written. ATTEST : aJLaid?gy City Clerk " D I STR I CT " COSTA REAL MUNICIPAL WATER DISTRICT By: ATTEST : . e e i EXHIBIT A SUPPLEMENTAL TERMS AND CONDITIONS It is further agreed between Agency and District, under t "Agreement for Installation, Conveyance, Maintenance and Operation of Improvements'' ( NAgreement" ) of that: +, 1988 Section A-1. Except as provided in the May 27, 1988 contract between the City of Carlsbad and District, entitled "Agreement for Reimbursement To Construction 16" Waterline and Pressure Reducing Station in Palomar Airport Road West (Assessment District No. 86-l), pursuant to Sections 3, 4 and of the Agreement Agency shall pay District for: (1) costs reasonably incurred by District for furnishing, supplying, and approving plans and specifications, drawings, or other documen as necessary and required for the construction and instaiiatio of the referenced utility improvements; (2) the reasonable cos of administering, supervising and inspecting such construction and installation; (3) the costs of any relocations of District facilities required by reason of the construction or installat of the referenced utility improvements; (4) major facilities charges based upon the estimated requirements of the area benefited and the charges in effect at the time the assessment if any, is confirmed. Section A-2. of the Agreement shall contain estimates of the costs reasonab anticipated pursuant to Section A-1 hereof. The Engineer's Report described in Section Section A-3. Agency shall notify District promptly of th confirmation of assessments, letting of construction contracts hereunder, issuance of any bonds for the improvements, and abandonment of the proceedings. Upon the occurrence of each o these events, Agency shall reimburse District for all costs incurred hereunder prior to the date of notice, notwithstandin any contrary provisions in the Agreement including prmisions termination of the Agreement. In addition, upon sale of the bonds, if any, the major facilitiee charges shall be paid to District. The District shall also be reimbursed for its costs under this Agreement within 30 days of billing by the District for costs incurred after award of construction contracts hereunder. Section A-4. Agency agrees that no property owned by . District, or hereafter acquired for construction of water facilities thereon shall be subject to any assessment by Assessment District No. 86-1. Section A-5. District shall have no obligation to accept operate or maintain any improvement facilities not constructed accordance with the plans, Specifications, rules or regulation of the District, or other laws or regulations appdicable to SUI facilities at the time of acceptance. (ET31:GMCOST.I) L 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 0 e RESOLUTION NO. 88-221 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESS- MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S " RE P 0 R T " WHEREAS, the CITY COUNCIL of the CITY OF CA CALIFORNIA, did, on the 24th day of May, 1988, adc Resolution of Intention for the construction of certain works of improvement, together with appurtenances and appL work, including acquisition where appropriate, in a assessment district known and designated as ASSESSMENT 1 NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to "Assessment District"); and, WHEREAS, pursuant to said Resolution of Intent "Report", as therein provided, was presented, conside approved; and, WHEREAS, said "Report", as preliminarily approved, cc all the matters and items called for by law and as purs the provisions of the "Municipal Improvement Act of 1913" Division 12 of the Streets and Highways Code of the S California, including the following: 1. Plans and specifications of the proposed improvemc 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 have been heard and considered full hearing has been given, all in the manner provided and, 1 2 3 4 5 6 7 8 9 lo 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e WHEREAS, notices of said hearing were duly and re posted, mailed and published in the time, form and required by law and as evidenced by affidavits on file w transcript of these proceedings; and, WHEREAS, the owners of one-half (1/2) of the area a for the cost of the project did not file written protests the said proposed improvements and acquisition where appro and this legislative body did, after providing a full h overrule and deny all protests and objections; and, WHEREAS, this legislative body is now satisfied w assessment and all matters contained in the "Report" updated and submitted. NOW, THEREFOREf IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all t correct. SECTION 2. That the "Report", as now updated and suk consisting of the assessment and diagram for the improt together with appurtenances and appurtenant work in cor therewith f including acquisition where appropriate, is confirmed. SECTION 3. That the public interest and convenience the proposed improvements to be made, and therefore it iE ordered that the work to be done and improvements to b together with appurtenances and appurtenant work in COI therewith, including acquisition where appropriate, Assessment District, as set forth in the Resolution of 11 previously adopted and as set forth in the "Report" preser 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 e 0 SECTION 4. That the assessment contained in said ’ is hereby levied upon the respective subdivisions of land Assessment District as set forth in said “Report”. SECTION 5. That the City Clerk shall forthwith del the Superintendent of Streets the said assessment, togeth the diagram attached thereto and made a part therc confirmed, with his certificate of such confirmation attac the date thereof; and that said Superintendent of Street then immediately record said diagram and assessment in his in a suitable book to be kept for that purpose and attach his certificate of the date of such recording. SECTION 6. That said Superintendent of Streets, u recording of said diagram and assessment, shall mail owner of real property within the Assessment District at k known address, as the same appears on the tax rolls of the or on file in the Office of the City Clerk, or to both ac if said address is not the same, or to General Delivery address so appears, a statement containing a designa street number or other description of the property i sufficient to enable the owner to identify the same, the of the assessment, the time and place of payment there effect of failure to pay within such time, and a statement fact that bonds will be issued on unpaid assessments pur$ the “Improvement Bond Act of 1915”. SECTION 7. That said Superintendent of Streets sha give notice by publishing a copy of a notice of recor assessment in the newspaper previously selected to pub1 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 0 0 notices as provided by law, giving notice that said as: has been recorded in his Office, and that all sums i thereon are due and payable immediately, and that the pay said sums is to be made within thirty (30) days after the recording the assessment, which date shall be so stated notice, and of the fact that securities will be issu unpaid assessments. SECTION 8. Upon confirmation of the assessments and L tion of the assessment roll and diagram, a certified cop1 assessment diagram shall be immediately filed in the Of the County Recorder. Immediately thereafter, a copy notice of assessment shall be recorded in the Office County Recorder in the manner and form as set forth by specifically Section 3114 of the Streets and Highways Code state of California. SECTION 9. That the Treasurer is hereby authori directed to establish a special fund account to be known IMPROVEMENT FUND, and designated by the name of this As! District, into which fund shall be paid all payment! received upon said assessment, and the proceeds of the bonds to be issued representing unpaid assessments. SECTION 10. That the Treasurer is hereby further au to establish a SPECIAL RESERVE FUND, into which the de amount shall be transferred and held in trust for the bon and used to assist final discharge by any payment by owners within the boundaries of the Assessment District. $ 1 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 PASSED, APPROVED AND ADOPTED by the City Council of t of Carlsbad at its regular meeting held on the 5th July , 1988, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux NOES: None ABSENT: None ABSTAIN: Council Member Larson ATTEST: 11i-Ak ALETHA L. RAUTENKRANZ, City C i\ erk (SEAL) 1 1 2 3 4 5 6 7 g 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 @ 0 RESOLUTION NO. 88-222 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING ISSUANCE OF BONDS, APPROVING BOND INDENTURE AND OFFICIAL STATEMENT FOR A SPECIAL ASSESSMENT DISTRICT WHERE \ S, the CITY COUNCIL of the CITY OF CA CALIFORNIA, g proceedings for the construct certain pub nts in a special assessment d pursuant to provisions of the "Municipal I ment Act of ivision 12 of the Streets and H Code of the rnia, said special assessment d known and designated as SSESSMENT DISTRICT NO. 86-1 ( AIRPORT ROAD) (hereinafter referred to as the "Asst District"); and, \ b"\y has previously decl; its Resolution of Intention to Assue bonds to financ improvements, said bonds to issue ursuant to the tei provisions of the "Improvement Bond Act '\of 1915", being D \ \ i\ WHEREAS, this legislative '\ \\, 10 of said Code; and, /\ \ WHEREAS, at this time this legislative body is desi set forth all formal terms and conditions relating to the a zation, issuance and administration of said bonds; and, WHEREAS, there has been presented, considered and re approval a bond indenture setting forth formal terms and tions relating to the issuance and sale of bonds; and, WHEREAS, there has also been presented an Official St containing information including but not limited to the ment District and the type of bonds, including terms and tions thereof. I 1 1 1 2 3 @ 0 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are true and correl 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 f said BOND INDENTURE shall be file with the transcript of these proceedings and open €or inspection, with final appr val conclusively evidenced City Manager's execution. Said onds shall be issued and to the terms and conditions in said approved Bond Indenture SECTION 3. That the Official Statement, as prepal submitted, is hereby approved and adopted, and the execut distribution is hereby authorized. A cop$ of said Official ment shall be kept on file with the transbipt of these p ings and remain open €or public inspection. \ \ / 1 \ ;; PASSED, APPROVED AND ADOPTED by the City 'ouncil of t \ the/ of Carlsbad at its regular meeting held on , 1988, by the following vote, to yit: AYES: \\, \ NOES: ABSENT: \ \ CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 3 0 a DR BOND INDENTURE This Bond Indenture (the "Indenture") dated as of , 1988, entei and approved by the CITY OF CARLSBAD (the "ISSUer"), a municipal corporat establish the terms and conditions pertaining to the issuance of bonds in a assessment district known and designated as ASSESSMENT DISTRICT NO. 86-1 AIRPORT ROAD) (the "Assessment District"). SECTION 1. Issuance, Designation and Amount. Pursuant to the provisions "Improvement Bond Act of 1915" (the "Act"), being Division 10 Streets and Highways Code of the State of California, the ISSI hereby authorize the issuance of bonds to represent unpaid ass within the Assessment District in principal amount not tc $4,852,999.00 and designated as the City of Carlsbad, As District No. 86-1 (Palomar Airport Road) Limited Obligation Imp Bonds (the "Bonds"). SECTION 2. Unpaid Assessments. The Treasurer shall, immediately upon the tion of the 30-day cash collection period, determine the asse which are unpaid and the aggregate amount thereof as authori Section 8621 of the Streets and Highways Code of the St California. SECTION 3. Term of Bonds. Bonds to represent the unpaid assessments, ar interest at a rate not to exceed the current legal maximum rate per annum, will be issued in the manner provided in the "Impr Bond Act of 1915", being Division 10 of the Streets and Highwa: of the State of California, the last installment of which Bond! mature a maximum of and not to exceed FOURTEEN (14) years fr second day of September next succeeding twelve (12) months fror date. The provisions of Part 11.1 of said Act, provid alternative procedure for the advance payment of assessments i calling of Bonds shall apply. SECTION 4. Registered Bonds. Said Bonds shall be issuable only as fully tered Bonds in the denomination of $5,000, or any integral m thereof, except for one bond maturing in the first year of ma which shall include the amount by which the total issue excec maximum integral multiple of $5,000 contained therein. SECTION 5. Date of Bonds. All of said Bonds shall be dated the 17th August, 1988, and interest shall accrue from that date. SECTION 6. Maturity and Denomination. The Bonds shall be issued in seriz with annual maturities on September 2nd of every year succeeding (12) months after their date, until the whole is paid. The maturing each year shall be such as to result in approximatell annual debt service during the term of the issue as reflected interest rate and/or rates and principal amounts maturing in the tive years of maturity, and the Treasurer or designated Re 1 rl) 0 shall, immediately upon completion of the cash collection 1 prescribe the denominations of the Bonds, which shall be in con' amounts, not necessarily equal, and shall further provide for issuance and delivery. SECTION 7. Interest. Each Bond shall be of a single maturity and shal interest at the rate as set forth in the accepted bid proposal €I Bonds from the interest payment date next preceding the date or it authenticated and registered, unless said Bond is authenticat registered as of an interest payment date, in which case it sha: interest from said interest payment date, or unless said Bond is t ticated and registered prior to the first interest payment da which case it shall bear interest from its date, until payment principal sum has been discharged. SECTION 8. Place of Payment. The principal on the Bonds shall be pays lawful money of the United States of America upon surrender of t at the office of the Treasurer, or such paying agent as may be nated by Resolution of the Issuer. Interest on said Bonds shall be paid by check or draft to the tered owner thereof at his address as it appears on the books of tration, or at such address as may have been filed with the Trl for that purpose, as of the 15th day immediately precedir interest payment date. SECTION 9. Redemption. This Bond, or a portion thereof if issued in a de tion greater than $5,000, shall be subject to redemption and pay] advance of maturity in increments of $5,000 as provided in Sectit of the Streets and Highways Code, on the 2nd day of March or Se in any year, by giving the notice provided in said law to the tered owner thereof at his address as it appears on the books of tration and by paying principal of and accrued interest c redeemed amount, together with a premium equal to three percent the redeemed principal amount. If less than the entire E redeemed, the unredeemed portion shall be reissued to the reg owner thereof. SECTION 10. Transfer of Registered Bonds. Any fully registered Bond may, in dance with its terms, be transferred upon the books of regis required to be kept pursuant to the provisions of Section 11 owner in whose name it is registered, or by his duly aut attorney or legal representative, upon surrender of such fully tered Bond for registration of such transfer, accompanied by dl of a written instrument or transfer in a form approved by the Trl and by the owner of said Bonds, duly executed. The Treasurer shall require the payment by the Bondholder req such transfer of any tax or other governmental charge required paid with respect to such transfer and such charges as provided the system of registration for registered debt obligations. z c e 0 No transfer of fully registered Bonds shall be required to 1: between the fifteenth (15th) day of the month next precedin interest payment date, nor during the fifteen (15) days precedj selection of any Bonds for redemption prior to the maturity tl nor with respect to any Bond which has been selected €or redl prior to the maturity thereof. SECTION 11. Exchange of Registered Bonds. Fully registered Bonds may be exi at the office of the Treasurer, or designated transfer agent/reg for a like aggregate principal amount of Bonds of the same ! interest rate and maturity, subject to the terms and coni provided in the system of registration for registered debt oblig# including the payment of certain charges, if any, upon surrenc cancellation of this Bond. Upon such transfer and exchange, registered Bond OK Bonds of any authorized denomination or de tions of the same maturity for the same aggregate principal amou be issued to the transferee in exchange therefor. SECTION 12. Books of Registration. -- There shall be kept by the Treasurer suf books for the registration and transfer of the Bonds and, upon prl tion for such purpose, the Treasurer shall, under such rea regulations as it may prescribe, register or transfer or cause registered or transferred, on said register, Bonds as herei provided. SECTION 13. Execution of Bonds. The Bonds shall be executed in facsimile Treasurer and by the City Clerk, and the corporate seal SF imprinted in facsimile on the Bonds. The Bonds shall then be de to the transfer agent and registrar, for authentication and re( tion. In case an officer who shall have signed or attested to the Bonds by facsimile or otherwise shall cease to be such 1 before the authentication, delivery and issuance of the Bonds Bonds nevertheless may be authenticated, delivered and issued, ai such authentication, delivery and issue, shall be as binding as those who signed arid attested the same had remained in office. SECTION 14. Authentication. Only such of the Bonds as shall bear thereon a CI cate of authentication substantially in the form below, m executed by the transfer agent and registrar, shall be valid or I tory for any purpose or entitled to the benefits of this Indentu such certificate of the transfer agent and registrar shall be ( sive evidence that the Bonds so authenticated have been duly ex( authenticated and delivered hereunder, and are entitled to the bl of this Indenture. FORM OF CE:RTIFICATE OF AUTHENTICATION AND REGISTRATION This bond has been authenticated and registered on as Transfer Agent and Reg By: i * e. 0 SECTION 15. Negotiability, Regi.stration and Transfer of Bonds. The transfer Bond may be regi.stered only upon such books of registratic surrender thereof t:o the transfer agent and registrar, together 1 assignment duly executed by the owner or his attorney or legal re] tative, in sat:isfactory form. Upon any such registration of tr, a new Bond or Bonlds shall be authenticated and delivered in e; for such Bond, in the name of the transferee, of any denominat denominations authorized by this Indenture, and in an agc principal amount equal to the principal amount of such B principal amount of such Bond or Bonds so surrendered. In all c( which Bonds shall be exchanged or transferred, the transfer age registrar shall authenticate at the earliest practical time, Bc accordance with the provisions of this Indenture. All Bonds ~ dered in such exchange or registration transfer shall forth cancelled. The Issuer may make a charge for every such exchz registration of transfer of Bonds sufficient to reimburse it 1 tax or other governmental charge required to be paid with res1 such exchange or registration of transfer. The transfer age registrar shall not be required to make such exchange or regis. of transfer of Bonds during the fifteen (15) days immediately pri any March 2nd or September 2nd. SECTION 16. Ownership of Bonds. The person in whose name any Bond shall be tered shall be deemed and regarded as the absolute owner there all purposes, and payment of or on account of the principal and tion premium, if amy, of any such Bond, and the interest on ar Bond, shall be made only to or upon the order of the registerec thereof or his leg,al representative. All such payments shall bc and effectual to satisfy and discharge the liability upon suck including the redemption premium, if any, and interest thereon, extent of the sum or sums so paid. SECTION 17. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond ~ hereby shall become mutilated or be destroyed, stolen or 10s Issuer shall cause to be executed and authenticated a new Bond ( date and tenor in exchange and substitution for and upon the ca: tion of such mutilated Bond or in lieu of and in substitution fl Bond mutilated, destroyed, stolen or lost, upon the owner's pay: reasonable expense:; and charges in connection therewith, and, case of a Bond destroyed, stolen or lost, his filing with the Agent and Issuer of evidence satisfactory to them that such Bc destroyed, stolen or lost, and of his ownership thereof, and fur: the Paying Agent an.d Issuer with indemnity satisfactory t.o them. SECTION 18. Cancellation of Bonds. All Bonds paid or redeemed, either at or maturity, shall becancelled upon the payment or redemption c Bonds, and shall be delivered to the transfer agent and registri such payment or redemption is made. All Bonds cancelled under the provisions of this Indenture shall be destroyed by the t. agent and registrar, which shall execute a certificate in du: describing the Bonds so destroyed, and shall retain said e: certificate in its permanent files for the issue. 1 l a e SECTION 19. Creation of Funds. The Treasurer is hereby authorized and direc establish the following Funds for purposes of making payment f costs and expens'es for the works of improvement and paylr principal and interest on the Bonds. The Funds to be creat designated as follows : IMPROVEMENT FUND: The proceeds from the sale of the Bonds, deposit of required amounts in the Reserve Fund and Redemptior shall be placed in the Fund hereby created, pursuant to Section! and 10424 of the California Streets and Highways Code, as ai which shall be called the "Improvement Fund", and the monies j Fund shall be used only for the purposes authorized in said ass( proceedings, and specifically to pay for the costs and expenses construction or acquisition of the authorized public capital ii ments, together %with all incidental expenses. Any surplus Improvement Fund after completion of the improvements shall reo the Improvemenk Fund for a period of not less than two (2) yea] the receipt of Bond proceeds as provided in Section 10427.1 California Streets and Highways Code, and thereafter shall be u or distributed as determined by the Issuer. REDEMPTION FUND: The Treasurer is hereby authorized and direc keep a Redemption Fund designated by the name of the proceeding: which he shall place accrued interest, if any, on the Bonds fi date of the Elonds to the date of delivery to the initial pu thereof , capitalized interest as shown in the final Engineer's"R1 and all sums received for the collection of the assessments i interest thereon, t.ogether with all penalties, if applicable. Principal of and interest on said Bonds shall be paid to the reg owner out of the Redemption Fund created pursuant to Section I the California Streets and Highways Code. Accrued interest paid purchaser of the Elonds, if any, shall be deposited in the Redl Fund. In all respects not recited herein, said Bonds shall be gl by the provisions of the "Improvement Bond Act of 1915'f, Divisio the California Streets and Highways Code, as amended. Under no I stances shall the Bonds or interest thereon be paid out of an) fund except as provided by law. RESERVE FUND: Pursuant to Part 16 of Division 10 of the Cal Streets and Highways Code, as amended, there shall be created a ~ reserve fund for t.he Bonds to be designated by the name of the , ment District and specified as the special "Reserve Fund". The : Fund shall be fundlad as follows: An amount equal to ten perceni of the original Bond proceeds shall be deposited in the Resen out of said Bond proceeds. Monies in the Reserve Fund shall be applied as follows: A. Amounts in said Reserve Fund shall be transferred to the Redl Fund for the Bonds if,. as a result of delinquencies in the ; of assessments, there are insufficient monies in said Red( Fund to pay principal of and interest on the Bonds. A~OL . a 0 transferred shall be repaid to the Reserve Fund from proceec the redemption or foreclosure of property with respect to wlr assessment is unpaid and from payments of the deli assessments; B. On July 15 of each year the amount of interest earned preceding June 30 by the investment of monies in the ReserT in permitted investments, and not previously transferred, slr transferred from the Reserve Fund to the Redemption Fund, manner provided in Part 16 of said Division 10, and sh expended for the advance retirement of Bonds within thirtec months of such transfer; provided, however, that earnings exc the "yield on the Bonds, as that term is defined in the I1 Revenue Code of 1986 (the "Code") and the regulations promi pursuant thereto, shall be transferred and held in trust pi to instructions from Bond Counsel for rebate to the United St C. The amount of the annual Reserve Fund disbursement of interest shall be credited toward installments of unpaid ments each year. during which any part of the Bonds remain ou ing. The Auditor's Record, prepared pursuant to Section E the Streets and Highways Code, shall reflect credits again$ of the unpaid assessments in the manner provided in Section of said Streets and Highways Code, in amounts equal t parcel's proportionate share of the annual reservl disbursement. No portion of the annual Reserve Fund disbursement sh transferred in any year in excess of the amount which woulc the Reserve Fund to fall below the original amount of the 1 Fund, minus adjustments to reflect the discharge of assei prior to maturity made to that point. D. Whenever monies in the Reserve Fund are sufficient to retire the Bonds outstanding, plus accrued interest thereon, such shall be transferred to the Redemption Fund for the Bon collection of the remaining unpaid assessments shall cease. E. In the event that any annual Reserve Fund disbursement v, fully made in any year because to have done so would have the Reserve Fund to fall below the minimum amount for that the Treasurer may thereafter transfer and credit any amou excess of the minimum amount toward the assessment installmei in subsequent years. In the event assessments are paid in cash in advance of their maturity date, the Treasurer is authorized to reduce the minimum of the Reserve Fund and increase the annual Reserve Fund disbur! in the proportion in which the assessments paid in cash bears total original unpaid assessments. SECTION 20. No Issuer Liability. It is hereby further determined and declart the Issuer will not. obligate itself to advance any available fun( its Treasury to cure any deficiency or delinquency which may oc e 0 the Bond Redemption Fund by failure of property owners to pay special assessments;. This determination shall be clearly set foi stated in the title of the Bonds to be issued pursuant to these p ings as authorized and required by Section 8769 of the Stree Highways Code of thLe State of California. SECTION 21. Covenant to Foreclose. The Issuer hereby covenants that upon i of any assessment payment due, it will cause Superior Court forec proceedings to be brought within one hundred fifty (150) days c default and thereafter diligently prosecute to completion such p. ings. Such foreclosure proceedings may be deferred if fun advanced to the special Reserve Fund to keep said Fund continu: the level set forth in the Section entitled "Reserve Fund" set hereinabove. SECTION 22. Covenant to Maintain Tax-Exempt Status. The Issuer covenants t will not make any use of the proceeds of the Bonds issued he which would cause the Bonds to become "arbitrage bonds" subj Federal income taxation pursuant to the provisions of Section 141 the Code , or to become "Federally-guaranteed obligations" pursl the provisions of Section 149(b) of the Code, or to become '' activity bonds;" pursuant to the provisions of Section 141(a) Code. To that end, the Issuer will comply with all applicable r1 ments of the Code and all regulations of the United States Dep of Treasury issued thereunder to the extent such requirements 2 the time, applicable and in effect. Additionally, the Issuer ag implement and follow each and every recommendation provided I: Counsel and deemed to be necessary to be undertaken by the Is5 ensure compliance with all applicable provisions of the Code ir to preserve the exemption of interest on the Bonds from Federal taxat ion. SECTION 23. Covenant Regarding Arbitrage. The Issuer shall not take or perr suffer to be taken any action with respect to the gross proceeds Bonds as such term is defined under the Code which, if such act been reasonably expected to have been taken, or had been delibt and intentionally taken, on the date of issuance of the Bonds, have caused the Bonds to be "arbitrage bonds" within the mear Section 148 of the Code and the regulations promulgated thereunde SECTION 24. Order to Print and Authenticate Bonds. The Treasurer is instructed to cause Bonds, as set forth above, to be printed, proceed to cause said Bonds to be authenticated and delivered authorized representative of the purchaser, upon payment purchase price as set forth in the accepted proposal for the I Bonds. SECTION 25. Arbitrage Certificate. On the basis of the facts, estimates and q stances now in existence and in existence on the date of issue Bonds, as determined by the Treasurer, said Treasurer is hereby rized to certify that it is not expected that the proceeds of tht will be used in a manner that would cause such obligations arbitrage Bonds. Such certification shall be delivered purchaser together with the Bonds. -- e 0 SECTION 26. Designation of Transfer Agent, Paying Agent and Registrar. - is hereby designated transfer agent , paying agc registrar with respect to these proceedings and the Bonds to be is IN WITNESS WHEREOF, the Issuer has executed this Bond Indenture effective tt first written hereinabove. CITY MANAGER CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 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 0 0 88-223 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING AWARD FOR SALE OF BONDS, AND PROVIDING FOR THE ESTABLISHMENT OF A RE:DEMPTION FUND WHEREAS, the CITY COUNCIL of the CITY OF CAI CALIFORNIA, has heretofore instituted and conducted proc under the terms and provisions of the "Municipal Improvemt of 1913", being Div:ision 12 of the Streets and Highways ( the State of Cal-ifornia, €or the construction of certain works of improverment , together with appurtenances and appu work, in a special assessment district known and design? ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (here referred to as the "Assessment District"); and, WHEREAS, in the Resolution of Intention it was det and declared that bonds should issue under the provisions "Improvement Bond Act of 1915", being Division 10 of the and Highways Code of the State of California; and, WHEREAS, there has now been received, in proper f purchase agreement (hereinafter the "proposal") for the p of said bonds to issue under said proceedings, which is dered to best serve the interests of owners of land i within the Assessment District and should be accepted. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all tr correct. SECTION 2. That the proposal received from SMITH HARRIS UPHAM & CO., INC. for the purchase of improvemenl J 5 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 a 0 representing unpaid assessments in said Assessment Distr hereby accepted and approved. SECTION 3. Tha.t said sale is subject to all the ter conditions as set forth in the Resolution of Issuance and accepted proposal. SECTION 4. That the Mayor and City Clerk are authorized to execute the proposal and a copy of said pi shall be kept on file with the transcript of these proceedir SECTION 5. That the Treasurer be, and hereby is, d to have the bonds printed immediately upon the expiration cash collection period, and said Treasurer shall then ha\ bonds signed and delivered upon receipt of the amount of due pursuant to said proposal and upon the performance of < conditions as set forth in the proposal. SECTION 6. That the interest rate or rates on saic be, and the same hereby is fixed at the rate or rates forth in said accepted proposal. SECTION 7. That the Treasurer is hereby authoriz directed to keep a redemption fund designated by the name proceedings, intlo which he shall place all sums received collection of the assessments and the interest thereon, t with all penalties, if applicable, thereon and from wt shall disburse such funds to the registered owner. Ur circumstances shall the said bonds or interest thereon k out of any other fund except as provided by law. Said fun be known as the REDEMPTION FUND, and shall be designated name of this Assessment District. l a e r 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 SECTION 8. That the Treasurer shall transfer mon necessary from t!he SPECIAL RESERVE FUND in the manner and authorized by law. PASSED, APPROVED AND ADOPTED by the City Council of t! of Carlsbad at its regular meeting held on the , 1988, by the following vote, to wit: AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor ATTEST: ALETHA L. RAUTENKRANZ , City Clerk (SEAL) 28 I * e -_ 9 B w\> I _I [POSTING/PUBLICATION] NOTICE OF IMPROVEMENT (ONE INCH LETTERS FOR POSTING) RESOLUTION OF INTENTION AND REPORT - NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD, CALI1 did, on the 24th day of May, 1988, adopt its Resolution of Intention, recej file a "Report" of the Engineer, and authorize a public hearing to be notic set for proceedings to form a special assessment district known and designs ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to "Assessment District") e The "Report" , as approved, consists of the plans, specifications , maps, descr and estimate of the cost, (and diagram and assessment, and for all particulars these proceedings, reference is made to said "Report" as preliminarily appro1 well as to the previously mentioned Resolution of Intention. DESCRIPTION OF IMPROVEMENTS The proposed works of improvement to be financed under these proceedings fc Assessment District are described as the construction and intallation of ( half and/or full width street improvements, including grading, paving, cur gutters, sidewalks, erosioin control improvements, water line and drainage . ties, together with appurtenances, in PALOMAR AIRPORT ROAD between PASEO DEI and a point approximately 9 , 000 feet Easterly thereof, including the acquisii rights-of-way where necessary to accomplish the referenced improvements. BOUNDARIES OF ASSESSMENT DISTRICT All properties that benefit from the works of improvement shall be assessed tc proportionate share of then costs and expenses of the improvements, togethe acquisition expenses. A map of the Assessment District identified as "PI BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)" has been a] by the legislative body and for all particulars as to the boundaries, refere made to said map on file with the transcript of these proceedings. COST OF IMPROVEMENTS The total estimated cost of the works of improvement for the Assessment Distr. set forth as follows: Estimated Cost of Construction: $5,800,762.00 Estimated Incidental Expenses: $2,842,985.00 Estimated Total Cost: $8,643,747.00 Estimated Contribution: $3,790,748.00 Balance to Assessment: $4,852,999.00 b .5 * a *ti I\ PROCEEDINGS AND BONDS Said proceedings for this Assessment District shall be had and taken pursuant "Municipal Improvement Act of 1913" (Division 12 of the Streets and Highways the State of California). Bonds shall be issued to represent unpaid assessmi accordance with the "Improvement Bond Act of 1915", (Division 10 of said Following the confirmation of the assessments, a period of thirty (30) days I allowed to make payment of assessments in cash, and the unpaid balance wi: become payable in annual installments, with bonds issued to represent the balance. The actual interest rate for the bonds shall be determined upon tl of said bonds. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 5TH DAY OF JULY, 1988, AT THE HOUR 4 O'CLOCK P.M. OF SAID DAY, IN THE REGULAR MEETING PLACE OF THIS LEGISLATIVI BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONS11 FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE I MENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID I MENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND FINALLY ACT ON THE ENG "REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT DISTR AS TO MAPS AND DESCRIPTIONIS, OR THE ESTIMATE OF THE COST AND EXPENSES THERl THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN. PROCEEDINGS INQUIRIES For all information relating to these proceedings, the hearing procedure, i and all matters as set forth and contained in any documents, Resolutions or C cates, attention is directed to the person designated below: RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS DRIVE CARLSBAD, CA 92009 TELEPHONE: (619) 438-1161 DATED: 'Oj)2@+ 3) , 1988. I LkXL A. R, CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA