HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-164r t ..
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RESOLUTION NO. 88-164
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF
ASSESSMENT DISTRICT; DECLARING THE WORK
TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES
I CERTAIN 1MP.ROVEMENTS IN A PROPOSED
THEREOF; AND PROVIDING FUR THE ISSUANCE
OF BONDS
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIP
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience requii
it is the intention of this body, pursuant to the provisj
Division 12 of the Streets and Highways Code of the St
California (the "Municipal Improvement Act 1913") r to orc
construction of certain public improvements, together with
tenances and appurtenant work, in a special assessment d
known and designated as ASSESSMENT DISTRICT NO. 86-1 (
AIRPORT ROAD) (hereinafter referred to as the "Assc
District").
DESCRIPTION OF IMPROVEMENTS I( The improvements to be constructed under these proct
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shall generally consist of the following:
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A. The construction and installation of
I1 half and/or full width street improvements including c
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Ilpaving, curbs and gutters, sidewalks, erosion c
25 improvements, water line and drainage facilities, togeth
appurtenances in PALOMAR AIRPORT ROAD between PASEO DEL NC 26
27 II a point approximately 9,000 feet easterly thereof, includ 28
aquisition of rights-of way where necessary to accompl
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1 referenced improvements.
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B. Said streets, rights-of-way and ea:
shall be shown upon the plans herein referred to and to bc
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C. All of said work and improvements are
constructed at the places and in the particular locations,
forms, sizes, dimensions and materials, and at the lines,
2nd elevations as shown and delineated upon the plans, pr
9 1Lnd specifications to be made therefor, as hereinafter provi
lo I D. The description of the improvements a:
ermini of the work contained in this Resolution are gene. 11
l2lkature. All items of work do not necessarily extend for th
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ength of the description thereof. The plans and profiles (
ork as contained in the Engineer's "Report" shall be contrl
s to the correct and detailed description thereof.
E. Whenever any public way is herein rej
o as running between two public ways , or from or to any 1
ay, the intersections of the public ways referred tl
l9 w ncluded to the extent that work shall be shown on the pla
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e done therein.
F. Notice is hereby given of the fact th
any cases said work and improvement will bring the finished
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\O a grade different from that formerly existing, and thE 24 fl aid extent, said grades are hereby changed and said work wi 25 261 one to said changed grades.
DESCRIPTION OF ASSESSMENT DISTRICT 27 11 SECTION 2. That said improvements and work are of di 28 i enefit to the properties and land within the Assess
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District, and this legislative body hereby makes the expen
said work and improvement chargeable upon a district, whic
Assessment District is hereby declared to be the Ass€
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5 II District benefited by said work and improvements and
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8 All that certain territory in the Di
9 included within the exterior boundary lines shown on th
10 exhibiting the property affected or benefited by or
11 assessed to pay the costs and expenses of said work and ip
12 ments in the Assessment District, said map titled and ider
13 as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 86-1 (I
14 AIRPORT ROAD) 'I, and which map was heretofore approved and
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ings, EXCEPTING therefrom the area shown within and del: 16
said or diagram is on file with the transcript of these PI
upon said map or plat hereinabove referred to, the area
18 public streets, public avenues, public lanes, public
19 public drives, public courts, public alleys, and all ea2
2o and rights-of-way therein contained belonging to the public
21 all particulars as to the boundaries of the Assessment Di!
22 reference is hereby made to said boundary map here
23 previously approved, and for a complete description o
24 Assessment District, the said plat and proposed boundary
25 file shall govern.
26 REPORT OF ENGINEER
27 SECTION 3. That this proposed improvement is
28 referred to NBS/LOWRY, who is hereby directed to make an
assessed to pay the costs and expenses thereof, including ir
tal expenses and costs and which is described as follows:
the report in writing containing the following:
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A. Plans and specifications of the pr
improvements;
B. An estimate of the cost of the pr
works of improvement, including the cost of the inci
expenses in connection therewith;
C. A diagram showing the Assessment Dj
above referred to, which shall also show the boundari
dimensions of the respective subdivisions of land withi
Assessment District, as the same existed at the time
passage of the Resolution of Intention, each of which SI
sions shall be given a separate number upon said Diagram;
D. A proposed assessment of the total amc
the assessable costs and expenses of the proposed imprc
upon the several divisions of land in proportion to the est
benefits to be received by such subdivisions, respectivel:
said improvement. Said assessment shall refer to such s'
sions upon said diagram by the respective numbers thereof;
E. The description of the works of imprl
to be constructed under these proceedings, and acquisition
necessary.
When any portion or percentage of the cc
expenses of the improvements is to be paid from sourcef
than assessments, the amount of such portion or percentagc
first be deducted from the total estimated costs and expel
said work and improvements, and said assessment shall
only the remainder of the estimated costs and expenses.
assessment shall refer to said subdivisions by their res:
numbers as assigned pursuant to Subsection D. of this Sectit
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BONDS 21( SECTION 4. Notice is hereby given that serial bc
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represent the unpaid assessments, and bear interest at tl
of not to exceed the current legal maximum rate of 12% per
will be issued hereunder in the manner provided in the "11
6 ILent Bond Act of 1915", being Division 10 of the Stree
71Lic3hways Code of the State of California, the last installn
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thich bonds shall mature a maximum of and not to exceed FC
; 14) YEARS from the second day of September next succ
:welve (12) months from their date. The provisions of Par
If said Act, providing an alternative procedure for the a
?ament of assessments and the calling of bonds shall apply.
The principal amount of the bonds maturinc
I! ear shall be other than an amount equal to an even annual p
15 ion of the aggregate principal of the bonds, and the am01
rincipal maturing in each year, plus the amount of in1
ayable in that year, will be generally an aggregate amount
s equal each year, except for the first year's adjustment.
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Pursuant to the provisions of the Street
ighways Code of the State of California, specifically SE
B 0603, the Treasurer is hereby designated as the offic,
22 collect and receive the assessments during the cash colle
-:eriod. Said bonds further shall be serviced by the Treasur
tiesignated Paying Agent.
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"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided foj
f-ssuance of bonds, all of said improvements shall be mad€ 1: dered pursuant to the provisions of the "Municipal Improve
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2 Act of 1913", being Division 12 of the Streets and Highwal
3 of the State of California,
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SURPLUS FUNDS
SECTION 6. That if any excess shall be realized fr
assessment, it shall be used, in such amounts as the legi:
body may determine, in accordance with the provisions of 1
one or more of the following purposes:
A. Transfer to the general fund; providc
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the amount of any such transfer shall not exceed the le:
One Thousand Dollars ($1,000.00) or five percent (58)
total from the Improvement Fund;
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B. As a credit upon the assessment E
supplemental assessment; or
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C. For the maintenance of the improvement
SPECIAL FUND
SECTION 7. The legislative body hereby establi
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21 herein authorized, and any such advancement of funds is
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25 SECTION 8. Notice is hereby given that the public i:
26 will not be served by allowing the property owners to ti
27 contract for the construction of the improvements, and tl
28 authorized by law, no notice of award of contract SI
special improvement fund identified and designated by the
this Assessment District, and into said Fund monies may be
ferred at any time to expedite the making of the impro
and shall be repaid out of the proceeds of the sale of bc
authorized by law.
PRIVATE CONTRACT
published.
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GRADES
SECTION 9. That notice is hereby given that the gr(
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which the work shall be done is to be shown on the pla
profiles therefor, which grade may vary from the existing c
The work herein contemplated shall be done to the gra
indicated on the plans and specifications, to which refere
made for a description of the grade at which the work is
done. Any objections or protests to the proposed grade sl.
made at the public hearing to be conducted under
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proceedings.
PROCEEDINGS INOUIRIES ~~ . . ~~ ..
13 SECTION 10. For any and all information relating tc
14 proceedings, including information relating to protest pro
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our attention is directed to the person designated below:
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RICHARD ALLEN, JR. CITY ASSESSMENT ENGINEER CITY OF CARLSBAD
CARLSBAD, CA 92009
2075 LAS PALMAS DRIVE
TELEPHONE: (619) 438-1161
19 11 PUBLIC PROPERTY
2o 11 SECTION 11. All public property in the use and perf
21110f a public function shall be omitted from assessment i
22 11 proceedings unless expressly provided and listed herein.
23 11 ACQUISITION
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SECTION 12. That the public interest, convenience anc
sity requires that certain land, rights-of-way or easem
obtained in order to allow the works of improvement as E
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for this Assessment District to be accomplished. For a
description of the location and extent of the easements
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'necessary to be acquired, reference shall be made to the I'
OF THE ENGINEER to be filed with the transcript of
proceedings.
NO CITY LIABILITY
SECTION 13. It is hereby further determined and dc
that the City will not obligate itself to advance any avl
'funds from the City Treasury to cure any deficie
delinquency which may occur in the bond redemption j
failure of property owners to pay annual special asses
This determination shall be clearly set forth and stated
title of the bonds to be issued pursuant to these proceed.
authorized and required by Section 8769 of the Stre6
Highways Code of the State of California.
DIVISION 4 PROCEEDINGS
SECTION 14. That this legislative body has fully cc
with the proceedings and provisions of the "Special Ass!
Investigation, Limitation and Majority Protest Act of
being Division 4 of the Streets and Highways Code of the S'
California. A Report, as authorized by Section 2961, is (
with the transcript of these proceedings and open for
inspection.
WORK ON PRIVATE PROPERTY
SECTION 15. It is hereby further determined to be
best public interest and convenience and more economical
certain work on private property to eliminate any dispar
level or size between the improvements and the private prc
The actual cost of such work is to be added to the assessn
the lot on which the work is done, and no work of this nat
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to be performed until the written consent of the propert
is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 16. It is hereby declared that this legi,
body proposes to levy an annual assessment pursuant to
10204 of the Streets and Highways Code of the State of C
nia, said annual assessment to pay costs incurred by the C
not otherwise reimbursed which result from the administrat
collection of assessments or from the administration or re
tion of any associated bonds and reserve of other related f
UTILITY IMPROVEMENTS
SECTION 17. This legislative body further proposes t
into an Agreement with Costa Real Municipal Water Distric
Agreement setting forth the terms and conditons relating
bidding and award of the water facilities, including the
ship, management and control of said water improvements.
of said Agreement shall be, upon approval, on file in the
of the City Clerk.
PASSED, APPROVED AND ADOPTED by the City Council of t
of Carlsbad at its regular meeting held on the 24th
May , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
NOES: None
ABSENT : None
ABSTAIN: Council Member Larson
ATTEST:
(%z-cc& if?- ./?&czz?$~ ALETHA L. RAUTENKRANZ, CityJClerk
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