HomeMy WebLinkAbout1990-06-05; City Council; Resolution 90-170"
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RESOLUTION NO. 90-170
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, MAKING APPOINT-
MENTS IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLS
CALIFORNIA, is considering the formation of a special asses!
district, pursuant to the terms and provisions of the "Munic
Improvement Act of 1913", being Division 12 of the Streets
Highways Code of the State of California, for the construt
of certain public works of improvement, together with appl
nances and appurtenant work, said special assessment distric
be known and designated as ASSESSMENT DISTRICT NO. 88-1
ROAD) (hereinafter referred to as the "Assessment Distri
and,
WHEREAS, at this time, this legislative body is desiro,
making the required appointments and designating persor
perform certain duties, in order to allow the proceedings .
forward to completion in accordance with the provisions of 1
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all truc
correct.
SECTION 2. That the CITY ENGINEER is hereby appointc
perform all of the duties and functions of the Superintende
Streets as said duties are specified and designated ir
"Municipal Improvement Act of 1913", being Division 12 ol
Streets and Highways Code of the State of California, fo:
above-referenced Assessment District.
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SECTION 3. That the place for recordation of the ass
ment roll and diagram shall be in the Office of the Superir
dent of Streets, and said assessment roll and diagram,
recordation, shall be kept as a permanent record.
SECTION 4. That the CARLSBAD JOURNAL is hereby desigr
as the newspaper for all publications as required by law ar
necessary for completion of this Assessment District.
SECTION 5. That NBS/LOWRY is hereby appointed the As:
ment Engineer for said proceedings, and said Assessment Eng
shall perform all of the duties and responsibilities a:
forth by law as they relate to said Assessment District.
SECTION 6. That SMITH BARNEY , HARRIS UPHAM & CO. , INC
hereby appointed as Underwriter for the purpose of submitt
proposal for the purchase of the bonds to issue under
proceedings.
SECTION 7. That KADIE-JENSEN, JOHNSON & BODNAR is h
appointed as Financial Consultant for the purpose of revi
the proposal of the Underwriter to purchase the bonds to
under these proceedings.
SECTION 8. That BROWN, HARPER, BURNS & HENTSCHKE (for
Brown & Diven), Attorneys at Law, is hereby appointed to a
Bond Counsel for the purposes of preparing proceeding:
issuing an approving opinion attesting to the validity o
proceedings and the enforceability of the bonds pursuant t
terms and provisions of a Special Counsel Agreement previ
submitted and approved by this legislative body, which SF
Counsel Agreement is hereby amended to correctly reflect th
firm affiliation name of Brown, Harper, Burns & Hentschke.
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SECTION 9. That this legislative body hereby establisk
special IMPROVEMENT FUND designated by the name and numbe
the Assessment District, and into said fund shall be placed
proceeds from the sale of bonds and cash collections. In c
to expedite the improvements or acquisition under these proc
ings and as authorized by law, funds from any available sc
may be transferred into said special fund. Any funds t1
ferred are a loan to the fund and shall be repaid out of
proceeds of the sale of bonds, including authorized incidc
expenses, as well as costs for the construction of the a1
rized public improvements, all as required and authorize
law, and specifically Section 10210 of the Streets and Higl
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 5th
of June , 1990, by the following vote, to wil
AYES: Council Members Lewis, Mamaux and Larson
NOES : None
ABSENT: Council Members Kulchi
ATTEST:
& 2- kf&" ALETHA L. RAUTENKRANZ, City C&rk
(SEAL)
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