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HomeMy WebLinkAbout1990-06-05; City Council; Resolution 90-172I_ : I1 a m 1 2 3 4 5 6 RESOLUTION NO. 90-172 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN IMPROVEMENTS IN A PROPOSED 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 THEREOF; AND PRO- VIDING FOR THE ISSUANCE OF BONDS 7 THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 8 HEREBY RESOLVE AS FOLLOWS: 9 SECTION 1. The public interest and convenience require 10 Division 12 of the Streets and Highways Code of the Stat 11 it is the intention of this body, pursuant to the provisior 12 California (the "Municipal Improvement Act 1913"), to ordel II 13 (hereinafter referred to as the "Assessment District"). 16 known and designated as ASSESSMENT DISTRICT NO. 88-1 (ALGA 15 tenances and appurtenant work, in a special assessment dis 14 construction of certain public improvements, together with a 1'7 DESCRIPTION OF IMPROVEMENTS la A. The construction and installation of ce 19 street improvements, including grading, paving, curbs 20 gutters, sewer, water, drainage, street lights and ut ll 21 ll installation and undergrounding, together with appurtenance! 22 II acquisition where necessary, to serve the properties lo 23llwithin the boundaries of this Assessment District. 24 II B. Said streets, rights-of-way and ease 25 11 shall be shown upon the plans herein referred to and to be 26 27 with these proceedings. 28 c II 0 0 1 2 C. All of said work and improvements are t 3 forms, sizes, dimensions and materials, and at the lines, g1 4 constructed at the places and in the particular locations, of D. The description of the improvements and and specifications to be made therefor, as hereinafter providt 6 and elevations as shown and delineated upon the plans, proj 5 7 8 nature. All items of work do not necessarily extend for the 9 termini of the work contained in this Resolution are generz 10 length of the description thereof. The plans and profiles 0: 11 work as contained in the Engineer's "Report" shall be contro 12 as to the correct and detailed description thereof. 13 11 E. Whenever any public way is herein ref 14 I/ to as running between two public ways, or from or to any p 15 11 way, the intersections of the public ways referred tc 16 to a grade different from that formerly existing, and thz 20 many cases said work and improvement will bring the finished 19 18 be done therein. 17 included to the extent that work shall be shown on the plal said work and improvement chargeable upon a district, which 27 District, and this legislative body hereby makes the expens 26 benefit to the properties and land within the Asses: 25 SECTION 2. That said improvements and work are of d 24 23 done to said changed grades. z2 said extent, said grades are hereby changed and said work wi 21 F. Notice is hereby given of the fact thi DESCRIPTION OF ASSESSMENT DISTRICT 28 Assessment District is hereby declared to be the Asses 1 L II 0 1 2 B. An estimate of the cost of the prol 3 expenses in connection therewith; 4 works of improvement, including the cost of the incidt 5 C. A diagram showing the Assessment Dist 6 above referred to, which shall also show the boundaries 7 dimensions of the respective subdivisions of land within 8 passage of the Resolution of Intention, each of which sub( 9 Assessment District, as the same existed at the time of 10 11 12 13 14 benefits to be received by such subdivisions, respectively, 15 said improvement. Said assessment shall refer to such sub 16 sions upon said diagram by the respective numbers thereof; sions shall be given a separate number upon said Diagram; D. A proposed assessment of the total amoui the assessable costs and expenses of the proposed improvl upon the several divisions of land in proportion to the esti~ 17 E. The description of the works of improv 18 to be constructed under these proceedings, and acquisition, 19 20 necessary- When any portion or percentage of the cost 21 said work and improvements, and said assessment shall in 24 first be deducted from the total estimated costs and expenst 23 than assessments, the amount of such portion or percentage z2 expenses of the improvements is to be paid from sources assessment shall refer to said subdivisions by their respe 26 only the remainder of the estimated costs and expenses. 25 27 28 numbers as assigned pursuant to Subsection D. of this Section L - ll a 0 1 2 District benefited by said work and improvements and t 3 4 5 assessed to pay the costs and expenses thereof, including inc. tal expenses and costs and which is described as follows: All that certain territory in the Dist 6 exhibiting the property affected or benefited by or t 7 included within the exterior boundary lines shown on the as "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 88-1 10 ments in the Assessment District, said map titled and ident: 9 assessed to pay the costs and expenses of said work and imp] 8 diagram is on file with the transcript of these proceed: 12 ROAD)", and which map was heretofore approved and which sai 11 13 I/ EXCEPTING therefrom the area shown within and delineated 14 said map or plat hereinabove referred to, the area of all PI 15 16 streets, public avenues, public lanes, public roads, PI 17 drives, public courts, public alleys, and all easements particulars as to the boundaries of the Assessment Distr l8 rights-of-way therein contained belonging to the public. For 19 20 21 22 23 24 25 reference is hereby made to said boundary map hereto previously approved, and for a complete description of Assessment District, the said plat and proposed boundary ma file shall govern. REPORT OF ENGINEER SECTION 3. That this proposed improvement is he referred to the ASSESSMENT ENGINEER, who is hereby directec 26 27 make and file the report in writing containing the following: improvements; 28 A. Plans and specifications of the prop 0 a 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 2e I BONDS SECTION 4. Notice is hereby given that serial bond: represent the unpaid assessments, and bear interest at the of not to exceed the current legal maximum rate of 12% per ar will be issued hereunder in the manner provided in the "Imp1 ment Bond Act of 1915", being Division 10 of the Streets Highways Code of the State of California, which bonds E mature a maximum of and not to exceed NINETEEN (19) YEARS the second day of September next succeeding twelve (12) mc from their date. The provisions of Part 11.1 of said providing an alternative procedure for the advance paymen assessments and the calling of bonds shall apply. The principal amount of the bonds maturing year shall be other than an amount equal to an even annual pro tion of the aggregate principal of the bonds, and the amoun principal maturing in each year, plus the amount of inte payable in that year, will be generally an aggregate amount is equal each year, except for the first year's adjustment. Pursuant to the provisions of the Streets Highways Code of the State of California, specifically Sec 10603, the Treasurer is hereby designated as the officer collect and receive the assessments during the cash collec period. Said bonds further shall be serviced by the Treasure designated Paying Agent. ~ I I ~ ~ "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 5. That except as herein otherwise provided for issuance of bonds, all of said improvements shall be made 0 0 1 2 ordered pursuant to the provisions of the “Municipal Improv~ 3 4 Act of 1913”, being Division 12 of the Streets and Highways of the State of California. 5 SURPLUS FUNDS 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 SECTION 6. That if any excess shall be realized from assessment, it shall be used, in such amounts as the legisli body may determine, in accordance with the provisions of lav one or more of the following purposes: A. Transfer to the general fund; provided the amount of any such transfer shall not exceed the less€ One Thousand Dollars ($1,000.00) or five percent (5%) of total from the Improvement Fund; B. As a credit upon the assessment and supplemental assessment; or C. For the maintenance of the improvement. SPECIAL FUND SECTION 7. The legislative body hereby establish special improvement fund identified and designated by the nal this Assessment District, and into said Fund monies may be t 21 ferred at any time to expedite the making of the improve] 22 23 24 25 26 27 herein authorized, and any such advancement of funds is a and shall be repaid out of the proceeds of the sale of bonc authorized by law. PRIVATE CONTRACT SECTION 8. Notice is hereby given that the public intc will not be served by allowing the property owners to takc 28 0 1 II 2 3 contract for the construction of the improvements, and that authorized by law, no notice of award of contract shal 41/published. 5 GRADES 6 7 SECTION 9. That notice is hereby given that the grad which the work shall be done is to be shown on the plans 8 /I profiles therefor, which grade may vary from the existing gr; 9 11 The work herein contemplated shall be done to the grade lo II indicated on the plans and specifications, to which referenc 11 II made for a description of the grade at which the work is t 12 13 14 done. Any objections or protests to the proposed grade shal made at the public hearing to be conducted under t proceedings. 15 16 PROCEEDINGS INQUIRIES SECTION 10. For any and all information relating to t 17 18 I proceedings, including information relating to protest procec your attention is directed to the person designated below: 19 20 21 22 ~ RICHARD ALLEN, CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: (619) 438-1161 ~ PUBLIC PROPERTY 23 24 25 26 27 SECTION 11. All public property in the use and perforn of a public function shall be omitted from assessment in 1 proceedings unless expressly provided and listed herein. ACQUISITION SECTION 12. That the public interest and conven: 28 requires that certain of the works of improvement be acquirc * e I) # 1 2 3 4 order to complete the system of improvements, and any impr ments to be acquired shall be installed and in place prior tc adoption of this Resolution of Intention. 5 6 NO CITY LIABILITY SECTION 13. This legislative body hereby further decl 7 not to obligate itself to advance available funds from 8 Treasury to cure any deficiency which may occur in the 9 10 11 redemption fund. This determination is made pursuant to authority of Section 8769(b) of the Streets and Highways Cod the State of California, and said determination shall furthe 12 13 14 15 16 set forth in the text of the bonds issued pursuant to "Improvement Bond Act of 1915". PETITION SECTION 14. That a petition signed by property ow representing more than 60% in area of the property subjeci 17 18 19 20 21 assessment for said improvement has been signed and filed the legislative body, and said written petition expre contains a waiver of any of the proceedings and limitations set forth under Division 4 of the Streets and Highways Code the State of California, the "Special Assessment Investigat 22 ll Limitation and Majority Protest Act of 1931". 23 24 WORK ON PRIVATE PROPERTY SECTION 15. It is hereby further determined to be in 25 best public interest and convenience and more economical to 26 private propel level or size between the improvements and the any disparity certain work on private property to eliminate 27 28 . ll a 0 1 2 The actual cost of such work is to be added to the assessmer 3 4 the lot on which the work is done, and no work of this natur to be performed until the written consent of the property c 51Iis first obtained. i3 /I ANNUAL ADMINISTRATIVE ASSESSMENT 7 8 9 10 11 SECTION 16. It is hereby declared that this legislz body proposes to levy an annual assessment pursuant to Sec 10204 of the Streets and Highways Code of the State of Cal: nia, said annual assessment to pay costs incurred by the Citl not otherwise reimbursed which result from the administratior 12 13 collection of assessments or from the administration or regi: tion of any associated bonds and reserve of other related fun( 14 15 16 1'7 18 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 19 20 21 22 23 24 25 26 27 28 , ABSENT: Council Members Kulch CLAUDE A. L"E#IS, Mayor - ATTEST: (2.2eGTA A. 0 qp, L ALETHA L. RAUTENKRANZ, City klerk e-" (SEAL) i I