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HomeMy WebLinkAbout1986-01-28; City Council; Resolution 8376d 4 4 t 1 I t : t ! 1( 12 1: 1: 14 1: 1f 17 1E 1s 2c 21 2% 22 24 25 26 27 28 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, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 2E 27 2t 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. . 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 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 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 21 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 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 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 1 2 3 4 5 6 7 8 9 10 11 1% 13 14 15 1E 17 1E 1s 2c 21 22 22 24 2: 2t 2'; 2E 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 1 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 1 2 3 4 5 E 7 f E 1c 11 1: 1: 14 1: 1t 1: It 1: 2( 2: 2: 2: 2s 2 21 2 2 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. 40 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 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 1 2 3 4 5 6 7 E E 1c 11 12 1Z 14 1: 1( 1'; 1E 1E 2( 2: 2: 2: 2L 2! 2( 2' 21 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)