HomeMy WebLinkAbout1986-01-28; City Council; Resolution 8368* -
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RESOLUTION NO. 8368
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT D ISTR I CT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, is considering the formation of a special assessment
district, pursuant to the terms and provisions of the "Municipal
Improvement Act of 1913", being Division 12 of the Streets and
Highways Code of the State of California, for the construction of
certain pub1 ic works of improvement, together with appurtenances
and appurtenant work, said assessment district to be known and
designated as
ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time the City Council is desirous of making
the required appointments and designating persons to perform
certain duties, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
perform all of the duties and functions of the Superintendent of
Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
above referenced Assessment District.
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SECTION 3. That the place for recordation of the assessment
roll and diagram shall be in the Office of the Superintendent 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 NESTE, BRUDIN & STONE, INC. is hereby
appointed the Engineer of Work for said proceedings, and said
Engineer of Work shall perform all of the duties and responsibi-
lities as set forth by law as they relate to said Assessment
District.
SECTION 6. That F. MACKENZIE BROWN, INC., 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, pursuant to the terms and conditions of a Special Counsel
Agreement submitted herewith, which Agreement is hereby accepted
and approved for execution by the Mayor and City Clerk.
SECTION 7. That this City Council hereby establishes a
special IMPROVEMENT FUND designated by the name and number of the
Assessment District, and into said fund shall be placed all pro-
ceeds from the sale of bonds and cash collections. In order to
expedite the improvements or acquisition under these proceedings
and as authorized by law, funds from any available source may be
transferred into said special fund. Any funds transferred are a
loan to the fund and shall be repaid out of the proceeds of the
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;ale of bonds, all as required and authorized by law, and specifi-
:ally Section 10210 of the Streets and Highways Code of the State
if California.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
zouncil held on the 28th day of January , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST:
(SEAL)