HomeMy WebLinkAbout1992-07-07; City Council; 11777; Rancho Santa Fe Road AD 91-01 Intention.
CIT’WF CARLSBAD - AGENDP’3lLL
AB#v&& TITLE:
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RESOLUTION OF INTENTION ASSESSMENT DISTRICT NO 91-1
(RANCH0 SANTA FE ROAD)
RECOMMENDED ACTION:
1. Adopt Resolution No.%417 making appointments in a Special Assessment District.
2. Adopt Resolution No. 92-218 adopting a map showing the proposed boundaries of a Special Assessment District.
3. Adopt Resolution No.C&-al? declaring the intention of the Council to order the installation of certain improvements in a proposed assessment district.
ITEM EXPLANATION:
The assessment district, as currently proposed, would construct the following improvements:
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1. Ranch0 Santa Fe Rd. Melrose Dr. to La Costa Ave. Prime Arterial (6 lanes)
(north)
2. Ranch0 Santa Fe Rd. Olivenhain Rd. to south city limits Major Arterial (4 lanes)
(south)
3. Olivenhain Rd. El Camino Real to Ranch0 Santa Fe Rd. Prime Arterial (6 lanes)
4. El Camino Real Levante St. to Olivenhain Rd. Prime Arterial (6 lanes)
All streets are proposed for full development in the assessment district except El
Camino Real which would be widened only on the east side. The timing of the
improvements has not yet been determined. Currently, staff is proceeding with the assumption that full construction of all the above streets would be included in the
assessment district, although it is likely that a phased bond sale and construction
program would be developed. An appraisal of the properties will be 'underway
shortly.
In previous assessment districts, Council has approved the Resolution of Intention as a formality a few weeks before the public hearing to actually form the district. Because of the complexity and size of this proposed district, formation is more than a few weeks away and some issues remain to be resolved. The Resolution of Intention is being brought to Council at this time as the first step in the
implementation of the recently approved Zone 11 and 12 Financing Plan. The Resolution of Intention is also an indication that Council supports efforts to continue to work toward the solution to all issues and the formation of an assessment district.
Page 2 of Agenda Bill No. I/, 777
COUNCIL POLICY NO. 33:
In order for this district to be formed, it must be consistent with Council Policy
No. 33. The Project Review Committee has met once on this project and generally found that it met the policy, except one item which was not yet known: the value- to-lien ratio. In order to obtain this information, both an appraisal and cost estimate must be completed and reviewed. Work on both of these is well underway.
FISCAL IMPACT:
The current preliminary project cost estimate is between $80,000,000 and $90,000,000. This amount includes all assessment district costs including construction, design, and financing costs. It is subject to change because a number of variables--such as inflation adjustment (for a phased project), capitalized interest (to pay assessments during construction), right-of-way costs and amount for contingencies--have yet to be finalized. Additionally, some of the utility relocations and new utilities should be paid for by utility companies which may further reduce the cost estimate. Staff is actively working to refine the project costs.
The City has budgeted $6,000,000 in Community Facilities District funds as a fixed contribution toward the project. Utility companies may pay for a portion of the utility relocation and new utilities. The balance will be assessed to property owners who will pay annual assessment payments if the district is confirmed.
EXHIBITS:
1. Location map.
2. Resolution No.q2-a/? making appointments in a Special Assessment District.
3. Resolution No.~%-318 adopting a map showing the proposed boundaries of a Special Assessment District.
4. Resolution No. 9%*al9 d ec aring the intention of the Council to order the 1 installation of certain improvements in a proposed assessment district.
5. Proposed Boundary Map (on file in the City Clerk's Office).
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A
3 SPECIAL ASSESSMENT D,ISTRICT
4 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
5 CALIFORNIA, is considering the formation of a special assess-
6 ment district, pursuant to the terms and provisions of the
7 II "Municipal Improvement Act of 1913", being Division 12 of the
8 Streets and Highways Code of the State of California, for the
9 installation of certain public works of improvement, together
10 with appurtenances and appurtenant work, said special assess-
11 ment district to be known and designated as ASSESSMENT DISTRICT
12 NO. 91-l (RANCH0 SANTA FE ROAD) (hereinafter referred to as the
13 "Assessment District"); and,
WHEREAS, at this time, this legislative body is desirous
15 of making the required appointments and designating persons to
16 perform certain duties, in order to allow the proceedings to go
17 forward to completion in accordance with the provisions of law.
18 NOW, THEREFORE, BE IT RESOLVED by the City Council of the
19 /I City of Carlsbad, California, as follows:
20 II SECTION 1. That the above recitals are all true and
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correct.
22 SECTION 2. That the CITY ENGINEER is hereby appointed to
23 perform all of the duties and functions of the Superintendent
24 of Streets as said duties are specified and designated in the
25 "Municipal Improvement Act of 1913", being Division 12 of the
26 Streets and Highways Code of the State of California, for the
27 Assessment District.
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SECTION 3. That the place for recordation of the assess-
ment roll and diagram shall be in the Office of the Superinten-
dent of Streets, and said assessment roll and diagram, upon
recordation, shall be kept as a permanent record.
SECTION 4. That the CARLSBAD JOURNAL is hereby designated
as the newspaper for all publications as required by law and as
necessary for completion of this Assessment District.
SECTION 5. That NBS/LOWRY is hereby appointed the Assess-
ment Engineer for said proceedings, and said Assessment
Engineer shall perform all of the duties and responsibilities
as set forth by law as they relate to said Assessment District.
SECTION 6. That BROWN, DIVEN & HENTSCHKE, Attorneys at
Law, is hereby appointed to act as Bond Counsel for the
purposes of preparing proceedings and issuing an approving
opinion attesting to the validity of the proceedings and the
enforceability of the bonds.
SECTION 7. That KADIE-JENSEN, JOHNSON & BODNAR is hereby
appointed as the person to obtain a proposal or bid for the
sale of bonds to be issued in order to finance said proceed-
ings, and said bonds are to be issued pursuant to the terms and
provisions of the "Improvement Bond Act of 1915", being
Division 10 of the Streets and Highways Code of the State of
California.
SECTION 8. That this legislative body hereby establishes
a special IMPROVEMENT FUND designated by the name and number of
the Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order
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1 to expedite the improvements or acquisition under these proceed-
2 ings and as authorized by law, funds from any available source
3 may be transferred into said special fund. Any funds trans-
4 ferred are a loan to the fund and shall be repaid out of the
5 proceeds of the sale of bonds, including authorized incidental
6 expenses, as well as costs for the installation of the autho-
7 rized public improvements, all as required and authorized by
8 law, and specifically Section 10210 of the Streets and Highways
9 Code of the State of California.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 7th day of July I
12 1992, by the following vote, to wit:
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AYES: Council Members Lewis, Larson, Stanton and Nygaard
NOES: None
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ABSENT: Council Member Kulchin
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ATTEST:
Ati1. ALETHA L. RAUTENRRANZ, City Cl\erk
(SEAL)
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RESOLUTION NO. 92-218
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ADOPTING A MAP SHOW-
ING THE PROPOSED BOUNDARIES OF A SPECIAL
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has been presented and has received a map showing
and describing the boundaries of the area proposed to be
assessed in an assessment district under the provisions and
authority of the "Municipal Improvement Act of 1913'1, being
Division 12 of the Streets and Highways Code of the State of
California; said assessment district known and designated as
ASSESSMENT DISTRICT NO. 91-l (RANCH0 SANTA FE ROAD) (herein-
after referred to as the "Assessment District").
NOW, THER'EFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad, California, as follows:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That a map of the Assessment District showing
the boundaries of the proposed Assessment District and lands
and property to be assessed to pay the costs and expenses of
the proposed improvements designated as "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 91-1 (RANCH0 SANTA FE ROAD)" is hereby
submitted, and the same is hereby approved and adopted.
SECTION 3. That the original map of said proposed bounda-
ries of the proposed Assessment District and one copy thereof
is to be filed in the Office of the City Clerk.
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SECTION 4. A certificate shall be endorsed on the
original and on at least one copy of the map of the Assessment
3 District, evidencing the date and adoption of this Resolution,
4 and within fifteen (15) days after the adoption of the Resolu-
5 tion fixing the time and place of hearing on the formation or
6 extent of said Assessment District, a copy of said map shall be
7 filed with the correct and proper endorsements thereon with the
8 County Recorder, all in the manner and form provided for in
9 Section 3111 of the Streets and Highways Code of the State of
10 California.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 7th day of July I
13 II 1992, by the following vote, to wit:
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AYES: Council Members Lewis, Larson, Stanton and Nygaard
NOES: None
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ABSENT: Council Member Kulchin
20 ATTEST:
21 akTLntA.Qe ALLTHA L. RAUTENKRANZ, City Cle3k
22 (SEAL)
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1 RESOLUTION NO. 92-219
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION AND
COVERING PRELIMINARY DETERMINATION TO ORDER THE
INSTALLATION OF CERTAIN IMPROVEMENTS IN A PRO-
POSED ASSESSMENT DISTRICT; ORDERING THE PREPARA-
TION OF A REPORT DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF;
AND PROVIDING FOR THE ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require,
and it is the intention of this body, pursuant to the provi-
sions of Division 12 of the Streets and Highways Code of the
State of California (the "Municipal Improvement Act 1913"), to
order the installation of certain public improvements, together
with appurtenances and appurtenant work, in a special assess-
ment district known and designated as ASSESSMENT DISTRICT NO.
91-l (RANCH0 SANTA FE ROAD) (hereinafter referred to as the
"Assessment District").
DESCRIPTION OF IMPROVEMENTS
A. The improvements are generally described
19 as the construction and installation of public street improve-
20 ments, including grading, paving, curbs and gutters, sidewalks,
21 drainage and flood control facilities, sewer, water, electrical
22 and communication improvements, including street lights and
23 landscaping, together with appurtenances and acquisition of
24 rights-of-way as necessary in
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RANCH0 SANTA FE ROAD
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between Melrose Avenue and La Costa Avenue:
and between Olivenhain Road and the southerly
boundary of the City; and in
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OLIVENHAIN ROAD
between Ranch0 Santa Fe Road and El Camino Real:
and in
EL CAMINO REAL
between Olivenhain Road and Levante Road.
B. Said streets, rights-of-way and easements
6 shall be shown upon the plans herein referred to and to be 7 filed with these proceedings. 8 C. All of said work and improvements are to 9 be constructed at the places and in the particular locations, 10 of the forms, sizes, dimensions and materials, and at the
11 lines, grades and elevations as shown and delineated upon the
12 plans, profiles and specifications to be made therefor, as
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hereinafter provided. 14
D. The description of the improvements and 15
the termini of the work contained in this Resolution are 16 general in nature. All items of work do not necessarily extend 17
for the full length of the description thereof. The plans and
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profiles of the work as contained in the Engineer's "Report" 19 shall be controlling as to the correct and detailed description 20 thereof. 21
E. Whenever any public way is herein referred
to as running between two public ways, or from or to any public 23 wayI the intersections of the public ways referred to are 24
included to the extent that work shall be shown on the plans to 25 be done therein. 26
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F. Notice is hereby given of the fact that in
many cases said work and improvement will bring the finished
work to a grade different from that formerly existing, and that
to said extent, said grades are hereby changed and said work
will be done to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of direct
*benefit to the properties and land within the Assessment
District, and this legislative body hereby makes the expenses
of said work and improvement chargeable upon a district, which
said Assessment District is hereby declared to be the Assess-
ment District benefited by said work and improvements and to be
assessed to pay the costs and expenses thereof, including
incidental expenses and costs and which is described as
follows:
All that certain territory in the District
included within the exterior boundary lines shown on the plat
exhibiting the property affected or benefited by or to be
assessed to pay the costs and expenses of said work and improve-
ments in the Assessment District, said map titled and identi-
fied ae "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 91-l
(RANCH0 SANTA FE ROAD)", and which map was heretofore approved
and which said map or diagram is on file with the transcript of
these proceedings, EXCEPTING therefrom the area shown within
and delineated upon said map or plat hereinabove referred to,
the area of all public streets, public avenues, public lanes,
public roads, public drives, public courts, public alleys, and
all easements and rights-of-way therein contained belonging to
the public. For all particulars as to the boundaries of the
Assessment District, reference is hereby made to said boundary
map heretofore previously approved, and for a complete descrip-
tion of said Assessment District, the said plat and proposed
boundary map on file shall govern.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby
referred to NBS/LOWRY, who is hereby directed to make and file
a combined report as authorised by Section 2961 of the Streets
and Highways Code of the State of California, said report to be
in writing and contain the following:
A. Plans and specifications of proposed
improvements;
B. An estimate of the cost of the proposed
works of improvement, including the cost of the incidental
expenses in connection therewith;
C. A diagram showing the Assessment District
above referred to, which shall also show the boundaries and
dimensions of the respective subdivisions of land within said
Assesament District, as the same existed at the time of the
passage of the Resolution of Intention, each of which subdivi-
sions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amount
of the assessable costs and expenses of the proposed improve-
ment upon the several divisions of land in proportion to the
estimated benefits to be received by such subdivisions, respec-
tively, from said improvement. Said assessment shall refer to
such subdivisions upon said diagram by the respective numbers
thereof:
E. The description of the works of improve-
ment to be installed under these proceedings, and acquisition,
where necessary;
F. The total amount, as near as may be deter-
mined, of the principal sum of any unpaid special assessments
previously levied or pending, other than those contemplated in
these proceedings;
G. The true value of the parcels of land and
improvements .which are proposed to be assessed. Said true
value may be estimated as the full cash value of the parcels as
shown upon the last equalised assessment roll of the County.
When any portion or percentage of the cost and
expenses of the improvements is to be paid from sources other
than assessments, the amount of such portion or percentage
shall first be deducted from the total estimated costs and
expenses of said work and improvements, and said assessment
shall include only the remainder of the estimated costs and
expenees. Said assessment shall refer to said subdivisions by
their respective numbers as assigned pursuant to Subsection D.
of this Section.
BONDS
SECTION 4. Notice is hereby given that bonds to represent
the unpaid assessments, and bear interest at the rate of not to
exceed the current legal maximum rat'e of 12% per annum, will be
issued hereunder in the manner provided in the "Improvement
Bond Act of 1915", being Division 10 of the Streets and High-
ways Code of the State of California, which bonds shall mature
a maximum of and not to exceed the maximum as permitted by law
of THIRTY-NINE (39) YEARS from the second day of September next
succeeding twelve (12) months from their date. The provisions
of Part 11.1 of said Act, providing an alternative procedure
for the advance payment of assessments and the calling of bonds
shall apply.
The principal amount of the bonds maturing
each year shall be other than an amount equal to an even annual
proportion of. the aggregate principal of the bonds, and the
amount of principal maturing in each year, plus the amount of
interest payable in that year, will be generally an aggregate
amount that is equal each year, except for the first year's
adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to
collect and receive the assessments during the cash collection
period. Said bonds further shall be serviced by the Treasurer
or designated Paying Agent.
Refunding
Any bonds issued pursuant to these proceedings
and Division (a) may be refunded, (b) the interest rate on said
bonds shall not exceed the maximum interest rate as authorized
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for these proceedings, and the number of years to maturity
shall not exceed the maximum number as authorized for these
bonds unless a public hearing is expressly held as authorized
pursuant to said Division 11.5, and (c) any adjustments in
assessments resulting from any refunding8 will be done on a
pro-rata basis.
Any authorized refunding shall be pursuant to
the above conditions, and pursuant to the provisions and
restrictions of Division 11.5 of the Streets and Highways Code
of the State of California, commencing with Section 9500, and
all further conditions shall be set forth in the Bond Indenture
to be approved prior to any issuance of bonds. .
"MUNICIPAL IMPROVEMENT ACT OF 1913"
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SECTION 5. That except as herein otherwise provided for
the issuance of bonds, all of said improvements shall be made
and ordered pursuant to the provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legisla-
tive body may determine, in accordance with the provisions of
law for one or more of the following purposes:
A. Transfer to the general fund; provided
that the amount of any such transfer shall not exceed the
lesser of One Thousand Dollars ($l,OOO.OO) or five percent (5%)
of the total from the Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a
special improvement fund identified and designated by the name
of this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the improve-
ments herein authorized, and any such advancement of funds is a
loan and shall be repaid out of the proceeds of the sale of
bonds as authorised by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public
interest will not be served by allowing the property owners to
take the contract for the installation of the improvements, and
that, as authorized by law, no notice of award of contract
shall be published.
GRADES
SECTION 9. That notice is hereby given that the grade to
which the work shall be done is to be shown on the plans and
profiles therefor, which grade may vary from the existing
grades. The work herein contemplated shall be done to the
grades as indicated on the plans and specifications, to which
reference is made for a description of the grade at which the
work is to be done. Any objections or protests to the proposed
grade shall be made at the public hearing to be conducted under
these proceedings.
PROCEEDINGS INQUIRIES
SECTION lo. For any and all information relating to these
proceedings, including information relating to protest proce-
dure, your attention is directed to the person designated
below:
RICHARD ALLEN, CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: (619) 438-4389
PUBLIC PROPERTY
SECTION 11. All public property in the use and perfor-
mance of a public function shall be omitted from assessment in
these proceedings unless expressly provided and listed herein.
ACQUISITION
SECTION 12. That the public interest, convenience and
necessity requires that certain land, rights-of-way or ease-
ments be obtained in order to allow the works of improvement as
proposed for this Assessment District to be accomplished. The
Engineer's "Report", upon adoption, shall set forth a general
description of the location and extent of easements and/or land
necessary to be acquired.
NO CITY LIABILITY
SECTION 13. This legislative body hereby further declares
not to obligate itself to advance available funds from the
Treasury to cure any deficiency which may occur in the bond
redemption fund. This determination is made pursuant to the
authority of Section 8769(b) of the Streets and Highways Code
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1 of the State of California, and said determination shall
2 further be set' forth in the text of the bonds issued pursuant
3 to the "Improvement Bond Act of 1915".
4 DIVISION 4 PROCEEDINGS
5 SECTION 14. It is the intention of this legislative body
6 to fully comply with the proceedings and provisions of the
7 "Special Assessment Investigation, Limitation and Majority
8 Protest Act of 1931", being Division 4 of the Streets and
9 Highways Code of the State of California. A combined Report,
10 as authorized by Section 2961, will be on file with the
11 transcript of these proceedings and open for public inspection.,
12 WORK ON PRIVATE PROPERTY
13 SECTION 15. It is hereby further determined to be in the
14 best public interest and convenience and more economical to do
15 certain work on private property to eliminate any disparity in
level or size between the improvements and the private property.
The actual cost of such work is to be added to the assessment
on the lot on which the work is done, and no work of this
nature is to be performed until the written consent of the
property owner is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 16. It is hereby declared that this legislative
body proposes to levy an annual assessment pursuant to Section
10204 of the Streets and Highways Code of the State of Califor-
nia, said annual assessment to pay costs incurred by the City
and not otherwise reimbursed which result from the administra-
tion and collection of assessments of from the administration
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or registration of any associated bonds and reserve of other
related funds.
PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 7th day of July I
1992, by the following vote, to wit:
AYES: Council Members Lewis, Larson, Stanton and Nygaard
NOES: None
ABSENT: Council Member Kulchi
ATTEST:
RAUTBNKRANZ, City Cl)rk
(SEAL)
PROJECT LOCATION MAP
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PROJECT
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OF Q. 4%
n’
OLIVENHAIN ROAD
OLIVENHAIN
WATER DlSTRICl
‘/ \- PROJECT
(CONTfWlJTION ONLY)
EXHIBIT 1
July 13, 1992
Brown, Diven & Hentschke
12770 High Bluff Dr., Suite 240
San Diego, CA 92130
Attn: F. MacKenzie Brown
RESOLUTION OF INTENTION FOR RANCH0 SANTA FE ROAD ASSESSMENT DISTRICT
(AD 91-10)
The Carlsbad City Council, at its meeting of July 7, 1992, adopted the following
Resolutions regarding the Ranch0 Santa Fe Road Assessment District (AD 91-1):
1. Resolution No. 92-217, making appointments in a Special Assessment District.
2. Resolution No. 92-218, adopting a map showing the proposed boundaries of the Special Assessment District.
3. Resolution No. 92-219, declaring intention and covering preliminary
determination to order the installation of certain improvements in
a proposed assessment district; ordering the preparation of a report describing the district to be assessed to pay the costs and expense
thereof; and providing for the issuance of bonds.
Enclosed for your records is a copy of each of the above-referenced Resolutions.
Encs.
1200 Carlsbad Village Drive - Carlsbad, California 92008-l 989 - (619) 434-2808 @