The URL can be used to link to this page

Home My WebLink About1972-03-21; City Council; Resolution 1972i i 4 f t r E < 1( 11 1: 1: 14 If 1E 17 1€ 1s 2c 21 2% 23 24 25 26 27 28 29 30 31 32 RESOLUTION NO. 1972 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD RESPECTING LOCATION IN THE CITY OF AUTO DEALER COMPLEX. WHEREAS, the Tri- City Automobile Dealers Association desires to locate an auto center in the City of Carlsbad, and WHEREAS, said facility is a distinct asset to the City in that it provides substantial non-property tax revenues generated from the sales tax on vehicles and parts, and WHEREAS, it is in the best interest of all the residents of the community to provide City assistance to this desirable commercial development, and WHEREAS, the Tri-City Auto Dealers Association is desirous of re- ceiving City participation in the form of street and utility improvements, and, WHEREAS, the City under the general laws of the State of California is authorized to provide such assistance. NOW, THEREFORE, let it be resolved as follows: 1. The City shall construct a major arterial street shown on the select system of highways between Cannon Road and Palomar Airport Road, including curbs, gutters, center divider, storm drains, sewer, sidewalks, street lights, and all other normal necessary appurtenances. 2. 3. City shall cause to be installed water and sewer lines in said road. These public facilities are to be installed on an incremental basis utilizing the construction portion of the City's 2107 Gas Tax Funds and Sales Tax derived from the activities of the Tri- City Automobile Dealers Associatior Provided that, it is understood that any commitment to use gas tax funds and sales tax revenue shall be subject to all laws and regulations pertaining to such use. 4. The City and the Association contemplate that the aforementioned faciliti - 1- 3 1 2 3 4 5 6 7 € s 1c 11 12 12 14 If 1E l'i 1E 1s 2c 21 22 22 24 2: Zt 2'; 2E 25 3c 33 3; shall be funded from the sales tax revenue made available to the City by development of the auto center, and that any gas tax money allocated to this project shall be fully replaced by sales tax revenue which shall be received by the City from the activities of the Association at the newly developed com- plex. 5. The purpose and intent of these assurances shall be to generate new an( additional revenue for the City through the location of the car dealers within the City of Carlsbad. benefit of the general public of the community and to the car dealers as well. All such additional revenue to be received by the City upon completion of and payment for the road and related facilities, will be made available for genera: municipal purposes to the welfare and benefit of all residents of the communit Such revenue shall be expended on a major street to the 6. It is contemplated by the City and by the Association that the present development schedule calls for the commencement of business by two automo- bile dealerships in December of 1973, one dealership in July of 1974, two dealerships in December of 1974, and one dealership in December of 1975. 7. In coordination with the aforementioned development schedule, the City anticipates construction of one- half the road improvements from Cannon Road to Palomar Airport Road and related appurtenances in fiscal year 1973- 74; construction of the remaining one-half of the road between Cannon Road and Palomar Airport Road and related appurtenances, if any, in fiscal year 1974- 75. If funds for such construction are not available to the City, funding shall be provided as set forth in paragraph 8 hereinbelow. 8. In the event the schedule outlined above is moved forward to 1972, the City will perform the first part of the project in fiscal year 1972-73 if there are funds available. The second stage would be moved forward to fiscal 1973- 74. If there are not funds available, and the Dealers, or any of them, will be- gin construction by rough grading of a particular site in 1972 or before June - 2- 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 29 30 31 32 1973, the Dealers will construct the road, curbs, gutters; install lights, sewer, storm drain and water lines; and fund the project. for public use, the road and all improvements and utilities thereon from year to year for an annual rental payable in equal monthly installments, in advance. The lease rental will be set at a figure which will reimburse the dealers for expenditures in funding the project. Dealers that no fkofit or loss will be realized by the Dealers in funding the project. not exceed the rate available for commercial projects of a similar nature. no event shall the City be obligated to lease payments in excess of those per: mitted by Section 18 Article XI of the Constitution. Actual interest rate and all other details of the lease agreement, including option provision, provided for in this Resolution shall be subject to the approval of the Tri-City Automobi Dealers Association and the City of Carlsbad. The City will lease, It is the intention of the City and the The Dealers agree that any interest they pay on borrowed funds will In a) The City will receive an option to purchase the road and all im- provements thereon which option price shall be keyed to the cost of the construction of the road and improvements thereon and installation of utilities therein or thereunder and the cost of financing same. shall remain in effect for three years following completion of the road, The option b) Payment of the purchase price shall not obligate the City to any debt in excess, in any one year, of the limits prescribed by Section 18, Article XI, of the Constitution and the source of payment will be sales tax revenue and gas tax money made available to the City. self to use such sales tax and gas tax funds to complete payment within two years from date of purchase if such funds are received by the City and pay- rient will not place the City outside the said Constitutional provisions. 9. The City will obligate it- The purpose of this Resolution is to indicate the desire of the Carlsbad City Council to cooperate in securing the location of an auto center in this - 3- c - * *. 4 , < 1 I I I ! I( 1: 1: 1: 14 1: IC 17 1E IS 2c 21 22 23 24 25 26 27 28 29 30 33 32 community, to generate new sources of income for the city, and touse such new income to assist in the providing of public facilities to the site for the benefit of the public and for the auto center alike. that such cooperation shall be implemented in the planning of 1972-73 budget appropriations and future budget appropriations subject to available revenues. It is further intended that all provisions of this Resolution are subject to com- pliance with the Constitution and the Laws of the State of California, that this Resolution shall in no way be construed to constitute an obligation of the City to appropriate funds beyond those legally available in any single budget year prior to adoption of that year’s budget. It is the council’s intention 10. This Resolution shall become effective upon receipt by the City of a written approval of the terms and conditions stated herein by the Tri-City Automobile Dealers Association. 11. The City shall be responsible for normal maintenance for all complete facilities referred to herein. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, California, held March 21, 1972, by the following vote, to wit: AYES: Cmn. Dunne, McComas, Jardine and Lewis. NOES: None. ABSENT: Cmn. Castro,. DAVID M. DU”E: Ma>au. of the City of C arlsbad. ATTEST: City Cderk - 4-