HomeMy WebLinkAbout1986-01-28; City Council; Resolution 8376d
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RESOLUTION NO. 8176
RESOLUTlON OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DECLARING
INTENTION TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS, TOGETHER WITH
APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH, IN A PROPOSED
ASSESSMENT DISTRICT PURSUANT TO THE TERMS
MENT ACT OF 1913". DECLARING THE WORK TO
BE OF MORE THAN L6CAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND
PROVIDING FOR THE ISSUANCE OF BONDS
AND PROVISIONS OF THE "MUNICIPAL IMPROVE-
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the public interest and convenience require,
and it is the intention of this body, pursuant to the provisions
of Division 1-2 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act of 1913"), to order the
construction of certain public works of improvement, together with
appurtenances and appurtenant work, in a speci a1 assessment
district known and designated as
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
(hereinafter referred, to as the "Assessment District").
- DESCRIPTION OF IMPROVEMENT
A. The construction and installation of full
street improvements in COLLEGE BOULEVARD between EL CAMINO REAL
and PALOMAR AIRPORT ROAD, including full roadway pavement, as well
as curbs and gutter:;, sidewalks, landscaping median and parkway
improvements, underground communications, gas and electrical
facilities, sanitary sewer and water lines, drainage facilities,
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together with appurtenances, including the acquisition of rights-
of-way, if necessary, in order to accomplish the improvements.
B. Saial streets and highways are more particularly
shown in the records in the Office of the County Recorder, and
shall be shown upon the plans herein referred to and to be filed
with the transcript of these proceedings.
C. All of said work and improvements are to be
constructed at the places and in the particular locations, of the
forms, sizes, dimensions and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles
and specifications to be made therefor, as hereinafter provided.
D. The description of the improvements and the
termini of the work contained in this Resolution are general in
nature. All items of work do not necessarily extend for the full
length of the description thereof. The plans and profiles of the
work as contained in the Engineer's "Report" shall be controlling
as to the correct and detailed description thereof.
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
extent that work shall be shown on the plans to be done therein.
F. Notice is hereby given 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 changed and said work will be done
to said changed grades.
.
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DESCRIPT.ION, OF ASSESSMENT. DISTRICT I f
SECTION 2. That said improvements and work are of direct
benefit to the properties and land within the Assessment District
and the City Council hereby makes the expenses of said work and
improvements chargeable upon a district, which said Assessment
District benefited by said work and improvements is to be assessed
to pay the costs and expenses thereof, including incidental
expenses and costs, and which is described as follows:
All that certain territory situated in the
District included within the exterior boundary lines shown on the
plat exh biting the property affected or benefited by or to be
assessed to pay the costs and expenses of said work and improve-
ments in the Assessment District, said map titled and identified
as:
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
[AMEN DE D] I'
and which map was heretofore approved and which said map or dia-
gram is on file with the transcript of these proceedings,
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 belonging to the public.
For all particulars as to the boundaries of the
Assessment District, reference is hereby made to said boundary map
ously approved, and for a complete description of heretofore prev
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said Asswssment District, the said plat and proposed boundary map
shall govern.
REPORT OF ENGINEER
SECTION 3. This proposed improvement is hereby referred to
NESTE, BRUDIN & STONE, INC., the 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
improvements;
B. An estimate of the cost of the proposed works
and improvement, including the cost of the incidental expenses in
connection therewith;
C. A diagram showing the Assessment District
referred to above, which shall also show the boundaries and dimen-
sions of the respective subdivisions of land within said Assess-
ment District, as the same existed at the time of the passage of
the Resolution of Intention, each of which subdivision shall be
given a separate number upon said Diagram;
D. A proposed assessment of the total amount of
the assessable costs and expenses of the proposed improvements
upon the several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, upon said Diagram by
the respective numbers thereof;
E. The description of works of improvement to be
constructed under these proceedings.
When any portion or percentage of the costs and
expenses of the improvements is to be paid from sources other than
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than, assessments, the amount of such portion or percentage shall
first be deducted from the total estimated costs and expenses of
said work and improvements, and said assessment shall include only
the remainder of the estimated costs and expenses. Said assess-
ment shall refer to said subdivisions by their respective numbers
as assigned pursuant to Subdivision D. of this Section.
BONDS
SECTION 4. Notice is given that bonds representing unpaid
assessments, bearing interest at a rate not to exceed the current
maximum rate of twelve percent (12%) per annum, will be issued in
the manner provided in the "Improvement Bond Act of 1915", being
Division 10 of the Streets and Highways Code of the State of
California, the last installment of which bonds shall mature a
maximum of and not to exceed NINETEEN (19) YEARS from the second
day of September next succeeding twelve (12) months from their
date. The provisions of Part 11.1 of said Act, providing an
alternative procedure for the advance payment of assessments and
the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual propor-
tion of the aggregate principal of the bonds, and the amount of
principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount that
is equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to
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col
Per
ect and receive the assessments during the cash collection
od. Said bonds further shall be serviced by the Treasurer, or
designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT, OF 1913"
SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
SURPLUS FUNDS
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SECTION 6. If any excess shall be realized from the assess-
ment, it shall be used, in such amounts as may be determined, for
one or more of the following purposes:
A. Transfer to the general fund of the City;
provided that the amount of any such transfer shall not exceed the
lesser of One Thousand Dollars ($1,000) or five percent (5%) of
the total amount of expenses from the improvement fund;
B. As a credit upon the assessment and any
supplemental assessment; or
C. For maintenance of the improvements.
SPECIAL FUND
SECTION 7. The City Council hereby establishes a special
improvement fund identified and designated by the name of this
Assessment District, and into said Fund monies may be transferred
at any time to expedite the making of the improvements herein
authorized, and any such advance of funds is a loan and shall be
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repaid out of the proceeds of the sale of bonds as authorized by
law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest
will not be served by allowing the property owners to take the
contract for the construction of the improvements, and that, as
authorized by law 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 indi-
cated on the plans and specifications, and reference is made to
said plans and specifications for a description of the grade at
which the work is to be done. Any objections or protests to the
proposed grade shall be made at the public hearing to be conducted
under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
all notices, resolutions, affidavits
attention is directed to the person des
NORM NESTE NESTE, BRUDIN & STONE, P. 0. BOX 28100
SAN DIEGO, CA 92128 TELEPHONE: (619) 578-7
and/or certificates, your
gnat ed bel ow:
INC.
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PUBLIC PROPERTY
SECTION 11. All public property in the use and performance
of a public function shall be omitted from assessment in these
proceedings unless expressly provided and listed herein.
PETITION
SECTION 12. That a petition signed by property owners repre-
senting more than 60% in area of the property subject to assess-
ment for said improvements has been signed and filed with the City
Clerk, and said written petition expressly contains a waiver of
any of the proceedings and limitations as set forth under Division
4 of the Streets and Highways Code, the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 13. It is hereby further determined to be in the
best public interest and convenience and more economical to do
certain work on private property to eliminate any disparity in
level or size between the improvements and the private property.
The actual cost of such work is to be added to the assessment on
the lot on which the work is done, and no work of this nature is
to be performed unit1 the written consent of the property owner is
first obtained.
UTILITY IMPROVEMENTS
SECTION 14. This legislative body further proposes to enter
into Agreements with other public agencies and/or utilities, said
Agreements setting forth certain terms and conditions relating to
the bidding and award of certain construction contracts, including
but not limited to water, power and telephone improvements, and
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including terms and conditions as to the ownership, management and
control of certain utility improvements. A copy of said Agreement
shall be, upon approval, on file in the Office of the City Clerk.
CONTRIBUTION
SECTION 15. This City Council does intend to make a
contribution to pay for certain of the costs and expenses of the
improvements, including a portion of the sanitary sewer effluent
disposal line and traffic signal improvements at the intersection
of COLLEGE BOULEVARD with EL CAMINO REAL and PALOMAR AIRPORT ROAD.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28th day of January , 1986, by the
following vote, to wit:
>I
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
ATTEST:
Ud8h ALETHA L. RAUTtNKRANZ, City Cyerk
(SEAL)