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Home My WebLink About1972-09-29; City Council; Minutes,I . i CI-rY .OF- 'CL\RLSBF,D COiriq!CItP&E 1 ', ' 0 -:=-a Meeting of: CITY COUNCIL (Special Meeting) Date of Meeting: September 29, 1972 Time of Meeting: . 3:OO P.M. Place of Meeting: Council Chambers The meeting was called.-to order by Vice Mayor McComas at, 3:20 P.M. ROLL CALL: YC""""-s"- Vice Mayor McComas announced this special meeting was- called for the purpose of considering the Cannon Road . - Assessment District project. The Clerk read a waiver of notice of the special meet- ing from ,Mayor David M. Dunne-, dated September 25, 1972. . proposed assessment district and underground utility ' The Public Works Director' presented a diagram of the district. for the Council's review. * . After due consideration the staff was instructed to pro- teed with the formation of the assessment district and underground utility district for Cannon Road. 0 Several documents were presented for the Council's con- sideration; Cmn. Chase questioned th.e legality of he and Crnn. Frazee voting on Resolution #2088, authorizing the execution of an agreement appointing the Engineer of Work and Assessment Engineer, and Resolution #2090, which by way of an agreement appoints the person to prepare all proceedings, when in fact the agreements were approved and executed by the previous Council. Mr. Richard Crake, attorney for the project, stated any Council is bound by the actions of the previ'ous Council on such matters, and to adopt the resolutions at this time seems redundant, however, by adopting the resolu- tions this Council is confirming the employment. The Engineer's report on the district was presented and it was' noted that the estimated cost of the proposed project, including incidentals, was $281,926.54. Cmn.. Chase asked if at the time of the hearing,the Council elected to participate in a portion of the. pro- ject, would this be allowed? Mr. Naiman, Assessment Engineer for the project, in- formed the Council when this project was first insti- gated it was planned to proceed under the 1911 Act, howev-er, due .to the underground utility portion of the project, it was necessary to proceed under the 191 3 Act The 1913 proceedings require the City to call for bids prior to the public hearing; therefore, if there is a del.etion of work at the time of the hearing it could affect the bid due to the fact.the contractor submitted his bid for the entire project. If this should happen the City might have to again call for bids. The Counci has every right to delete any portion of the project at the time of the hearing. Mr. Crake pointed out the action taken as of this date does not commit the Council to the project, and the Council may choose to change the scope of the work. Cmn. Frazee asked if it would be possible for the City to pick up the cost on some of the properties, and Mr. Crake stated the City can make a contribution which can be spread over the- entire project. There could be a llegal issue if the City contributed .only to certain I properties. I .. -@q"\c \yF qYi ,p\;q .J:% - .L' :g; - .p?zQ;*w;l*s Present Absent X Motion : Ayes Absent X I 1 j ~ ~ 1 I .c .>* CITY .QF C/\RLSBP\D ' -2- CITY .QF C/\RLSBP\D ' -2- 0 *x= Special meeting - of City Council held September 29, 197 =="" The following resolutjons were adopted after reading o,f the title only and further reading waived: Resolution No. 2088. A RES.OLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD AUTHORIZING THE-EXECUTION OF. MENT ENGINEER; AN AGREEMENT APPOINTING ENGINEER OF WORK AND ASSESS- Resolution NO. 2089. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING SUPERINTENDENT.OF STREETS; Resolution No. 2090. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING- PERSON TO PREPARE ALL PROCEEDINGS; Resolution No. 2091. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DIRECTING THE PREPARATION OF PLANS AND SPECIFICATIONS, MAP AND ESTIMATES; Resolution No. 2092. A RESOLUTION OF THE CITY COUNCIL TIONS AND ASSESSMENT MAP; OF THE CITY OF CARLSBAD ADOPTING PLANS .AND.SPECIFICA- Resolution No. 2093. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING 1913 REPORT AND TION OF INTENTION; Resolution No. 2094. A RESOLUTION OF THE CITY. COUNCIL FIXING TIME AND PLACE OF HEARING ON REPORT AND RESOLU- OF THE CITY OF CARLSBAD DETERMINING THE GENERAL PRE- ' VAIL1N.G RATE OF PER DIEM WAGE AND THE GENER'AL PREVAIL- ING RATE FOR LEGAL HOLIDAY AND OVERTIME WORK; Resolution No. 2095. A RESOLUTION OF THE CITY COUNCIL UNDER THE SPECIAL ASSESSMENT INVESTIGATION,.LIMITATION AND MAJORITY PROTEST ACT OF 1931; .OF.THE CITY OF CAR.LSBAD WAIVING DEBT LIMIT REPORT '2 I Resolution No. 2096. A RESOL OF THE CITY OF CARLSBAD DECLA ORDER CONSTRUCTION OF CERTAIN APPURTENANT WORK, INCLUDING T OVERHEAD ELECTRIC AND COMMUNI SCRIBING A PROPOSED IMPROVEME IOR BOUNDARIES OF THE DISTRIC WORK AND 'TO BE ASSESSED TO PA THAT BONDS SHALL BE ISSUED TO TO BE LEVIED, PROVIDING FOR T REMAINING IN THE IMPROVEMENT THE IMPROVEMENT: UTI0 RING STR HE U CAT1 NT 3 T TO Y TH REP HE D FUND N OF ITS EET NDER ON F SPEC BE E CO RESE ISPO AFT THE CITY COUNCI INTENTION TO IMPROVEMENTS AND GROUNDING OF IFYING THE EXTER BENEFITTED BY TH ST, DETERMINING NT ASSESSMENTS" SAL OF ANY SURPL ER COMPLETION -OF ACILITIES, DE- L - E and I Resolution No. 2097. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALLING PUBLIC HEARING ON ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 1-1970. The City Council was informed the City has received a proposal for the purchase of the bonds relative to this project from Stone & Youngberg, with no exception Since this project is being processed under the 1913 Act it will be necessary,to sell the bonds prior to the work being done. Due to the time schedule it has been suggested to the staff that the City sell this CO!JN~f/J~~E a c\ T\qP .'?l \.rt i. 4 \fiy$r;\ qp&< ?*- 9 1 <:;If 238 " I *."\&"*.& Motion Ayes Absent I I .I *. e-. CITY -OF CFiRLS5FiB CXWNClt,&4E /, -3- By proper motiowthe meeting was adjourned at 3:50 P. ., . .. ..