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HomeMy WebLinkAbout1980-04-01; City Council; Resolution 6130RESOLUTION NO. 6130 RESOLUTION OF THE CITY COUNCIL DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN COPWECTION THEREWITH IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS AND PROVISIONS OF THE "MUNICIPAL IWROVEMENT ACT OF 1913"; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDIMARY BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AN0 EXPENSES THEREOF; DETERYINING LIQUIDATED II)AE?AGRS; AND PROVIDING FOR THE ISSUANCE OF BONDS. THE CITY COUNCIL OF THE CITY OF CARLSBAD, STATE OF 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 pro- visions of Division 12 of the Streets and Highways Code of the State of California (the "Municipal Improvement Act of 1913"), to order the construction of certain improvements, together with appurtenances and appurtenant work, in a special assessment dist- rict known and designated as ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District"), DESCRIPTION OF IMPROVZMENTS A. B. C. The construction of certain public drainage im- provements and other public improvements, toge- ther with appurtenances and appurtenant work in connection therewith, in certain public streets and rights-of-way in the Assessment District, and for further particulars reference is hereby made to Exhibit "A" attached hereto, incorporated and so referenced. For further particulars, refe- rence is hereby made to a map of said Assessment District previously adopted by this body and on file in the Office of the City Clerk. Said streets and highways are more particularly shown in the records of the Office of the County Recorder and shall be shown upon the plans herein referred to and to be filed with these proceedings, All of said work and improvements are to be con- structed at the places and in the particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades, and eleva- tions as shown and delineated upon the plans, profiles and specifications to be made therefor, as hereinafter provided. e a .., .. D, The description of the improvements and the termini of the work contained in this Reso-, lution are general in nature. All items of work do r,ot necessarily extent for the full length of the description thereof. and profiles of the work as contained in the Enqineer's Report shall be controlling as to the correct and detailed description thereof. The plans E. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the ex- tent that work shall be shown on the plans to be done therein. F. Notice is herebv qiven 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 chanqed and said work will be done to said changed grades. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. . That said improvement and work is of direct benefit to the properties and land within the Assessment District and the City Council of this City hereby makes the expenses OF said work and improvement chargeable upon a district, which said Assessment District is hereby declared to be the District bene- fited by said work and improvement and to be assessed to pay the costs and expenses thereof, including in- cidental expenses and costs, and which is described as follows: All that certain territory situated in the CITY OF CARLSBAD included within the exterior boundary lines shown on the plat exhibiting the property affected or bene- fited by or to be assessed to pay the costs and ex- penses of said work and improvement in the Assessment District, said map titled and identified as "PROPOSED BOUNDARIES OF ASSESSiYENT DISTRICT NO. 79-1 and which said map was heretofore approved and which said map or diagram is on file in the Office of the City Clerk, EXCEPTING from 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 belongins .to the public. For all particulars as to the boundaries of the Assessment District, reference is hereby made to said boundary map of the said Assessment District, plat and proposed boundary map on file shall govern. the said -2- SECTION 3. 2_ REPORT OF 'ENGINEER That this proposed improvement is hereby referred to JOHN F. DAINWOOD, authorized representative of ENGINEER OF' WORK, who is hereby directed to make and file the report in writing containing the following: A. Plans and specifications of the proposed improve- ments; 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 Assessment District, as the same existed at the time of the passage of the Resolution of Intention, each of which subdivisions shall. be given a separate number upon said Diagram; D, A proposed assessment of the total amount of the assessable cost and expense of the proposed improve- ment upon the several divisions of land in propor- tion to the estimated benefits to be received by such subdivisions, respectively, from said improve- ment, Said assessment shall refer to such subdi- visions upon said diagram by the respective numbers thereof; E. The description of the works of improvement to be constructed under these proceedings and acquisi- tion, where necessary, When any portion or percentage of the cost and ex- penses 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 cost and expenses of said work and improve- ments, and said assessment shall include only the remainder of the estimated cost and expenses, assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to Subsection D, of this Section, Said BONDS SECTION 4. That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more, remaining unpaid for thirty (30) days after the date of recordation of the diagram and assessment for this improvement arid acquisition. The serial bonds shall extend over a period of nine , ( g ) years from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed ten percent (10%) per annum. -3- I (b The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid. The first interest payment shall be payable on the April 15th next succeeding the March 1st or October 15th next succeeding the September lst, as the case may be, next following the date of the bonds. following interest payments shall each be for six months interest and shall be payable on each fifteenth of April and October, the last interest payment coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment, The Pursuant to the provisions of the Streets.and Highways Code of the State of California, specifically Section 10603, the City Treasurer is hereby designated as the officer of said City to collect and receive the assess- ments, during the cash collection period. Said bonds further shall be serviced and collected by the City Treasurer. "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5, That except as herein otherwise provided for the issu- ance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Munici- pal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California. SURPLUS FLXDS SECTION 6. That if any excess shall be realized from the assess- ment, it shall be used, in such amounts as the City Council may determine, in accordance with the provi- sions of law for one or more of the following purposes: A. Transfer to the general fund of the City; provided that the amount of any such trans- fer shall not exceed the lesser of One Thousand Dollars ($1,000) or five percent (5%) of the total amount expended from the Improvement Fund; B. As a credit upon the assessment and any supplemental assessment; or For the maintenance of the improvement. C. SPECIAL FUND SECTION 7. That the legislative body hereby establishes a special fund designated IMPROVEMENT FUND FOR ASSESSBENT DISTRICT NO. 79-1 into which funds may be transferred at any time to expedite the making of the improvement herein autho- rized and said funds are a loan and shall be repaid out of the proceeds of the sale of assessments as authorized by law. -4- PRIVATE CONTMCT SECTION 8. Notice is hereby given that, in the'opinion of the City Council, the public interest will not be ser- ved by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code of the State of California, 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 grades may vary from the existing grades, The work herein contemplated shall be done to the grades as indicated OR the plans and specifications for a description of the grade at which the work is to be done. tions or protests to the proposed grade shall be made at the public hearing to be conducted under these proceedings. Any objec- PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to these pro- ceedings, including infomation relating to protest procedure, all notices, resolutions, affidavits and/or certificates, your attention is directed to the below designated person at the agency or depart- ment indicated: JOHN F. DAINWOOD ENGINEER OF WORK BEMET-DAINWOOD-STURGEON 6150 MISSION GORGE ROAD 8128 SAN DIEGO, CA 92120 (714) 280-4842 DAMAGES FOR DELAY SECTION 11. In the event the work is not completed within the time limit specified in the contract or within such further time as may be extended, the City shall charge the contractor liquidated damages in the net amount of one hundred dollars ($100.00) for each calender day of say until the work is completed. -5- BOND REDEMPTION SECTION 12. The legislative body further elects and declares that the redemption provisions of said bonds will provide a premium of five (5%) percent on the unmatured principal. APPROVED and ADOPTED this 1st day of April 1980. I - ATTEST: CITY OF CARLSBAD STATE OF CALIFORNIA CITY OF CAHZSBAD STATE OF CALIFORNIA -6- DESCRIPTION OF IMPROVEMENTS ASSESSMENT DISTRICT NO. 79-1 THAT THE WORKS OF IMPROVEMENTS AS PROPOSED TO BE CONSTRUCTED UNDER THESE PROCEEDINGS FOR THIS ASSESSMENT DISTRICT ARE GENERALLY DESCRIBED AS FOLLOWS: The construction and installation of a 48" diameter drainage culvert, together with appurtenances and appurtenant work in connection therewith, extending from the existing drainage pipe outlet in JAMES DRIVE, and extending to the existing 72" drainage culvert at the intersection of PARK DRIVE and ADAMS STREET, in the City of Carlsbad, Said drainage facility is designed to benefit and protect all abutting lands from erosion and inundation, as well as alleviate deposition in the BRISTOL COVE CHANNEL For particulars as to the alignment of the proposed . drainage culvert, reference is made to the proposed BOUNDARY MAP as previously adopted by this City Council. EXHIBIT "A" e. . PROPOSED BOUNDARIES OF *- BpISTOL COVE 1913 ACT ASSESSMENT DISTRICT 79-1 CITY . OF CARLSBAD, CALIFORNIA LEGEND RSSESSMENT PARCEL NQ 0 48- DIP. CULVERT -- CTfANOUT -- 3 la-/- 73 8EM ENT- 0 A I N W 00 0 - ST U RG EON ENGINEER OF WORK CIVIL ENGINEERS v SMCE~ I OF I SEE1 -. c-" I. 0 0 0 STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CARLSBAD 1 I, ALETHA L. RAUTENKRfiNZ, City Clerk o€ the City of Carlsbad, California, DO HBREBY CERTIFY that the foregoing Resolution, being Resolution No, 6130 , was duly passed, approved, and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a meeting of said City Council, held on the reuul ar 1st day of , 1980, and that the same was passed and adopt- following vote, to-wit : AYES : NOES : ABSENT: COUNCILMEN: Packard, Skotnicki , Anear, Lewis and Council woman Casler COUNCILMEN : None COUNCILMEN : None , 19 80, at CARLSBAD, - Executed this 2nd day of April California. CITY OF CARLSBAD d STATE OF CALIFORNIA