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HomeMy WebLinkAbout1995-07-11; City Council; Resolution 95-205IL .. 1 2 3 4 5 0 0 RESOLUTION NO. 95-205 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE INSTALLATION 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 PROVIDING FOR THE ISSUANCE OF BONDS 6 17 District"). 16 (LA COSTA DOWNS) (hereinafter referred to as the "Assess 15 district known and designated as ASSESSMENT DISTRICT NO. 14 appurtenances and appurtenant work, in a special assess 13 installation of certain public improvements, together 12 California (the 'IMunicipal Improvement Act 1913'l), to order 11 Division 12 of the Streets and Highways Code of the Statc 10 it is the intention of this body, pursuant to the provision g SECTION 1. The public interest and convenience require, 8 HEREBY RESOLVE AS FOLLOWS: 7 THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, I DESCRIPTION OF IMPROVEMENTS 18 A. The financing of certain public improven 19 described as street improvements in FRANCISCAN ROAD (CUI 20 water facilities, and the undergrounding of electrica; 22 BOULEVARD, including storm drain improvements, sewer 21 sac) , ANACAPA ROAD (cul-de-sac) and portions of DES( 23 24 telephone facilities, together with appurtenances appurtenant work, all to serve and benefit the prope: 25/1 within the boundaries of the Assessment District. 26 27 28 B. Said streets, rights-of-way and ease shall be shown upon the plans herein referred to and filed with these proceedings. 2. I1 0 0 1 C. All of said work and improvements are to 2 7 Engineer's t'Reporttt. 6 profiles and specifications, all to be made a part of 5 and elevations as shown and delineated upon the pla 4 to the sizes, dimensions and materials, to the lines, gra 3 installed at the places and in the particular locations, profiles of the work as contained in the Engineer's I'Repc 9 in this Resolution is general in nature, and the plans 8 D. The description of the improvements contaj 10 shall be controlling as to the correct and deta: 11 description thereof. 12 DESCRIPTION OF ASSESSMENT DISTRICT 13 SECTION 2. That said improvements are of direct benefi, 14 the properties and land within the Assessment District, and . 15 legislative body hereby makes the expenses of said work 16 improvement chargeable upon a district, which is describe' 17 follows: 1s All that certain territory in the Dist 19 was heretofore approved and which said map is on file wit1 24 ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOWNS)tt, and whick 23 Assessment District, said map titled ttPROPOSED BOUNDARIE 22 costs and expenses of said work and improvements in 21 exhibiting the property benefited and to be assessed to pay 20 included within the exterior boundary lines shown on the rights-of-way. For all particulars as to the boundaries o 27 shown within the area of all public streets, easements or pi 26 transcript of these proceedings, EXCEPTING therefrom the 25 28 1 2 3 4 5 6 7 8 9 10 11 12 13 ~ Assessment District, reference is hereby made to said previously approved boundary map. REPORT OF ENGINEER SECTION 3. That this proposed improvement is hereby referred to JOHN POWELL & ASSOCIATES, who is hereby directed to make and file a combined report as authorized by Section 2961 of the Streets and Highways Code of the State of California, said report to be in writing and contain the following: A. Plans and specifications of the proposed improvements; B. An estimate of the cost of the proposed works of improvement, including the cost of the incidental expenses, in connection therewith; 14 C. A diagram showing the Assessment District 15 above referred to, which shall also show the boundaries and 16 17 dimensions of the respective subdivisions of land within said Assessment District, as the same existed at the time of the 18 passage of the Resolution of Intention, each of which 19 subdivisions shall be given a separate number upon said Diagram; 20 D. A proposed assessment of the total amount 21 27 numbers thereof; 26 refer to such subdivisions upon said diagram by the respective 25 respectively, from said improvement. Said assessment shall 24 estimated benefits to be received by such subdivisions, 23 upon the several divisions of land in proportion to the 22 of the assessable costs and expenses of the proposed improvement E. The description of the works of improvement 28 II .- 1 2 3 4 5 6 7 8 9 10 11 12 a 0 to be installed under these proceedings, and acquisition, whl necessary; F. The total amount, as near as may determined, of the principal sum of any unpaid spec assessments previously levied or pending, other than th contemplated in these proceedings; G. The true value of the parcels of land improvements which are proposed to be assessed. Said true va may be estimated as the full cash value of the parcels as sk upon the last equalized assessment roll of the County. When any portion or percentage of the cost expenses of the improvements is to be paid from sources 01 13 said work and improvements, and said assessment shall inc '15 first be deducted from the total estimated costs and expense 14 than assessments, the amount of such portion or percentage SI 16 numbers as assigned pursuant to Subsection D. of this Sect 18 assessment shall refer to said subdivisions by their respec 17 only the remainder of the estimated costs and expenses. 19 BONDS 20 SECTION 4. That it is hereby determined and declared 21 FOURTEEN (14) YEARS from the second day of January 27 The serial bond shall extend over a period not to e: 26 recordation of the diagram and assessment for this improven 25 or more, remaining unpaid for thirty (30) days after the dai 24 represent each assessment of One Hundred Fifty Dollars ($15C 23 Streets and Highways Code (ItImprovement Act of 1911"; 22 serial bonds be issued in accordance with Division 7 of 28 0 0 1 succeeding the next September 1st following their date. : 2 maximum rate of 12% per annum. 3 interest rate on said bonds shall not exceed the current le! 4 The principal amount of the bonds maturing e 5 6 7 8 9 10 11 12 13 14 15 16 17 38 year shall be other than an amount equal to an even ann proportion of the aggregate principal amount of the bonds, the amount of principal maturing in each year, plus the amo of interest payable in that year, will be generally an aggrec amount that is equal each year, except for the first ye? I adjustment. , I The first interest payment shall be payable the April 15th next succeeding the March 1st or October 3 next succeeding the September lst, as the case may be, 1 following the date of the bonds. The following inte: payments shall each be for six months interest and shall payable on each 15th day of April and October, the last inte: payment coming due on the October 15th immediately precedinq last annual payment of the principal of the bonds issuec ~ 19 represent the unpaid assessments. 20 Pursuant to the provisions of the Streets 21 period. Said bonds further shall be serviced by the Treasl 24 collect and receive the assessments during the cash collec 23 10603, the Treasurer is hereby designated as the office 22 Highways Code of the State of California, specifically Sec that said bonds, upon redemption, shall provide a premil 27 SECTION 5. The legislative body further elects to prc 26 25 BOND REDEMPTION AND DELINQUENCY 28 II I1 0 0 .. 1 five percent (5%) on the unmatured principal, and said langu; 2 require the property owner to pay said premium in order 3 shall be added to the redemption clause in the bond form 10 9 said penalty shall be retained by the Treasurer. 8 servicing the delinquency, and the bond shall so declare t 7 collected as a delinquency shall be retained as a cost 6 further elects and declares that the first two percent ( 5 discharge the obligation of the lien. This legislative b, 4 "MUNICIPAL IMPROVEMENT ACT OF 1913" SECTION 6. That except as herein otherwise provided for 11 20 one or more of the following purposes: 19 body may determine, in accordance with the provisions of law 1s assessment, it shall be used, in such amounts as the legisla 17 SECTION 7. That if any excess shall be realized from 16 SURPLUS FUNDS 15 of the State of California. 14 Act of 191311, being Division 12 of the Streets and Highways ( 13 ordered pursuant to the provisions of the '!Municipal Improver 12 issuance of bonds, all of said improvements shall be made A. Transfer to the general fund; provided 21 23 One Thousand Dollars ($1,000,00) or five percent (5%) of 22 the amount of any such transfer shall not exceed the less€ total from the Improvement Fund; 24 25 supplemental assessment; 26 27 B. As a credit upon the assessment and C. For the maintenance of the improvemen D. To call bonds. 28 .. I1 0 e 1 SECTION 8. The legislative body hereby establishes 2 SPECIAL FUND 3 4 special improvement fund identified and designated by the n; 9 sale of bonds as authorized by law. 8 funds is a loan and shall be repaid out of the proceeds of 7 improvements herein authorized, and any such advancement 6 transferred at any time to expedite the making of 1 5 of this Assessment District, and into said Fund monies may PRIVATE CONTRACT 10 SECTION 9. Notice is hereby given that the public inter 11 13 contract for the installation of the improvements, and that, 12 will not be served by allowing the property owners to take authorized by law, no notice of award of contract shall 14 published. 15 16 17 which the work shall be done is to be shown on the plans 18 profiles therefor, which grade may vary from the exis' 19 grades. The work herein contemplated shall be done to 20 grades as indicated on the plans and specifications, to w 21 reference is made for a description of the grade at which 22 work is to be done. Any objections or protests to the prop 23 grade shall be made at the public hearing to be conducted u 24 these proceedings. 25 PROCEEDINGS INQUIRIES 26 SECTION 11. For any and all information relating to t 27 proceedings, including information relating to prc 28 procedure, your attention is directed to the person desigr GRADES SECTION 10. That notice is hereby given that the gradc below: *. -L 1 2 3 0 v RICHARD ALLEN CITY ASSESSMENT ENGINEER CITY OF CARLSBAD 2075 LAS PALMAS ROAD CARLSBAD, CA 92009 TELEPHONE: (619)438-1161, EXT. 4389 4 5 Written protests should be addressed to the C Clerk and mailed to the address listed below: 6 7 8 CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 9 SECTION 12. All public property in the use and perform; 10 PUBLIC PROPERTY 11 proceedings unless expressly provided and listed herein. 12 of a public function shall be omitted from assessment in tk 14 PETITION/DIVISION 4 PROCEEDINGS 13 SECTION 13. A. That a petition signed by property OWI 35 representing more than 60% in area of the property subjecl 16 assessment for said improvement has been signed and filed I 17 the legislative body, and no further proceeding or actions 18 20 the State of California, the "Special Assessment Investigat 19 required under Division 4 of the Streets and Highways Codt Limitation and Majority Protest Act of 1931Il. 21 B. In order to provide detailed informa 22 1931l' will be on file with the transcript of these proceed 25 Assessment Investigation, Limitation and Majority Protest Ac 24 llReportll, as authorized by Section 2961 of the IISpe 23 regarding the valuation of the properties, a combined Engine 26 and open for public inspection. 27 28 8. w *. 1 WORK ON PRIVATE PROPERTY 2 SECTION 14. It is hereby further determined to be in 1 3 4 best public interest and convenience and more economical to is first obtained. 9 to be performed until the written consent of the property ow 8 the lot on which the work is done, and no work of this nature 7 The actual cost of such work is to be added to the assessment 6 level or size between the improvements and the private proper 5 certain work on private property to eliminate any disparity 10 SECTION 15. This legislative body further proposes to er 11 UTILITY IMPROVEMENTS 12 17 certain utility improvements, a copy of said Agreements sf 16 contracts, as well as the ownership, management and control 15 relating to the bidding and award of certain construct 14 Bell, said Agreements setting forth certain terms and conditi 13 into Agreements with San Diego Gas & Electric Co. and Paci be, upon approval, on file in the Office of the City Clerk. 1s APPROVED and ADOPTED this 19 1995. 20 21 22 23 24 25 26 27 CITY OF CARLSBAD ATTEST: STATE OF CALIFORNIA CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 28 1. s) *r 1 CITY OF CARLSBAD 2 COUNTY OF SAN DIEGO STATE OF CALIFORNIA q 3 4 5 6 7 8 9 10 11 12 13 I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLS CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolut being Resolution No. 95-205, was duly passed, approved adopted by the City Council, approved and signed by the Mz and attested by the City Clerk, all at the regular meetir said City Council held on the 11th day of JULY 1995, and that the same was passed and adopted by the follc vote: AYES : COUNCIL MEMBERS Lewis, Kulchin, Finnila: NOES : COUNCIL MEMBERS None ~ ABSENT: COUNCIL MEMBERS Nygaard 14 15 16 ABSTAIN : COUNCIL MEMBERS None EXECUTED this 17th day of JULY , 199: Carlsbad, California. 17 18 19 20 CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA 21 22 23 24 25 26 27 28