HomeMy WebLinkAbout1996-10-08; City Council; 13845; Bridge & Thoroughfare District No. 2r: ,/;
CITY OF CARLSBAD - A&bA BILL
4B# /3, & ,< TITLE: APPROPRIATION OF FUNDS FROM
BRIDGE AND THOROUGHFARE DISTRICT NO. 2
VlTG. 1 O-08-98 (POINSETTIA LANE AND ALGA ROAD)
DEPT. I FOR LEGAL SERVICES ENG CITY MGR.
RECOMMENDED ACTION: fib&T QgsoLmoIJ bJoa 9&3W
Authorize the Finance Director to appropriate funds from the proposed Bridge and Thoroughfare
District No. 2 Fund (Poinsettia Lane and Alga Road) for legal services.
ITEM EXPLANATION:
On July 11, 1995, the City entered into an agreement with Brown & Diven for legal services
pertaining to the formation of Bridge and Thoroughfare District No. 2. Legal services for this project
were previously budgeted for in the Engineering Department Operating Budget. This district has
collected in excess of $1.2 million in pre-payments and, therefore, has sufficient funds available for
project related legal costs. A letter from Brown, Diven & Hentschke is attached which provides a
detailed list of the legal services to be provided.
FISCAL IMPACT:
Sufficient funds are available in the Bridge and Thoroughfare District No. 2 Fund for the requested
$7,500 appropriation.
EXHIBITS:
1. Resolution/Authorizing the Finance Director to appropriate funds from the Bridge and
Thoroughfare District No. 2 Fund (Poinsettia Lane and Alga Road) for legal services.
2. Letter from Brown, Diven & Hentschke dated 5/25/95.
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RESOLUTION NO. 96-340
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AUTHORIZING THE FINANCE
DIRECTOR TO APPROPRIATE FUNDS FROM BRIDGE AND
THOROUGHFARE DISTRICT NO. 2 (POINSETTIA LANE AND
ALGA ROAD) FOR LEGAL SERVICES.
WHEREAS, the City Council of the City of Carlsbad, California has considered the need
to appropriate funds from Bridge and Thoroughfare District No. 2 (Poinsettia Lane and
Alga Road) for legal services; and
WHEREAS, funds are available in the Bridge and Thoroughfare District No. 2 Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carisbad,
California, as follows:
1. That the above recitations are true and correct.
2. That the Finance Director is authorized to appropriate $7,500 from the Bridge and
Thoroughfare District No. 2 Fund for legal services.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 8th day of October , 1996 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Hall and Finnila
NOES: None
ABSENT None
Al-TEST
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Exhibit 2
F. MACKENZIE BROWN*
WARREN B. DIVEN
DANIEL S. HENTSCHKE
ROBERT E. HESSELL
CELIA A. BREWER
‘A l’ROE!SIONAL CIRKXATION
BROWN, DIVEN & HENTSCHKE
12770 HIGH BLUFF DRIVE, SUITE 240
SAN DIEGO, CALIKMNIA 92130
(619) 456-1915
FAX 259-0292
May 25, 1995
NEWPORT BEACH (714) 551-1915
Los ANGELE~ (213) 587-1915
City of Carlsbad
1200 Carlsbad Village Drive
Catisbad, CA 92008
RE: POINSElTWALGA ROAD BRIDGE
& THOROUGHFARE DISTRICT
Dear Councilmembers:
This letter will act as a proposal and agreement to provide legal services to the City in connection with a
proposed local bridge & thoroughfare district under the provisions and authority of the Subdivision Map Act,
and specifically Section 66484; said district known and designated as POINSETTIA/ALGA ROAD BRIDGE
& THOROUGHFARE DISTRICT (hereinafter referred to as the “District”).
The services under this Agreement shall generally be the following:
1. Preparation of all resolutions, notices and other papers and documents required in the proceedings;
2. Examination of the proceedings, step by step, as taken;
3. Appear at hearings under the proceedings, and attend meetings where attendance is required;
4. Review the Report of the Engineer as it relates to the proceedings;
5. Review and examine the proposed boundary map and assessment diagram;
6. Review the method and formula utilized by the Engineer for the spread of the assessment;
7. Offer instruction and advice in connection with any of the foregoing;
8. Any other customary legal services necessary for the formation of the District.
Counsel shall be paid a fee generally as follows:
A flat fee of $7,500.00; said fee due and payable upon completion of the proceedings and formation
of the District.
In the event the proceedings are terminated or abandoned prior to a successful formation, Counsel
shall be paid a reasonable fee for services rendered to date not to exceed $2,500.00.
3
City of Carlsbad
May 25, 1995
Page Two
The City agrees to furnish to Counsel maps and other documents and proceedings as are available and
required by Counsel in the performance of his services.
Counsel further states that he does not represent clients with any adverse interest to the City as it relates
to the formation of the District.
I look forward to working with the staff on the proceedings for the formation of this Maintenance District.
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