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HomeMy WebLinkAbout1991-06-25; City Council; Resolution 91-195c 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 e RESOLUTION NO. 91-195 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ESTABLISHING A CREDIT AGAINST THE FEES IMPOSED BY THE BRIDGE AND THOROUGHFARE BENEFIT DISTRICT NO. 1 FOR PROPERTIES WITHIN THE BOUNDARIES OF AND SUBJECT TO TAXATION BY COMMUNITY FACILITIES DISTRICT NO. 1 WHEREAS, Section 20.08.140 of the Carlsbad Municipal Code allows the City Council to establish a Bridge and Thoroughfare Benefit District; and WHEREAS, the City Council has established Bridge and Thoroughfare Benefit District No. 1, through the adoption of Resolution No. 8744; and WHEREAS, Bridge and Thoroughfare Benefit District No. 1 imposes a fee for the construction of the Palomar Airport Road, Poinsettia Lane and La Costa Avenue Interchanges with Interstate 5; and WHEREAS, the City Council has also formed Community Facilities District No. 1 in an effort to create a guaranteed financing source for a variety of projects including the Interchanges listed above; and WHEREAS, to the extent that funds may be raised by Community Facilities District No. 1 to support the construction of these Interchanges, it is appropriate to provide a credit against fees imposed by Bridge and Thoroughfare Benefit District No. 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitals are all true and correct. /// /// 497 1 2 3 4 5 6 7 a 9 10 3.1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 2. That properties included within the boundaries of Community Facilities District No. 1 that are subject to taxation by the District shall receive a credit against any fees imposed by the Bridge and Thoroughfare Benefit District No. 1. 3. That the amount of this credit will fully offset any obligation to the Bridge and Thoroughfare Benefit District No. 1 to the extent that construction costs for the above projects do not exceed costs funded through the tax revenue received by Community Facilities District No. 1. 4. That, in the event that the costs of construction for the projects listed above exceeds the funding ability of Community Facilities District No. 1, the Bridge and Thoroughfare Benefit District No. 1 fees may be assessed in an amount necessary to fund the additional costs. /// /// /// /// /I/ /// /// /// /// /// /// /// I L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ~ 0 e 5. That the amount of the credit against the Bridge and Thoroughfare Benefit District fee shall be 100% of the fee obligation based on current cost estimates. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the 25th day of June , 1991, by the following vote, to wit: AYES: NOES: None ABSENT: Council Member Nygaa Council Members Lewis, Kulchin, Larson, and Stan1 ATTEST: t 2 h?fi:2& KETm L. UUTENmZ, city cGZI (SEJW 20 21 22 23 24 25 26 27 28 ii