HomeMy WebLinkAbout1995-09-05; City Council; Resolution 95-246r$ ' /I e e
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RESOLUTION NO. 95-246
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESSMENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER WITH APPURTENANCES, AND i APPROVING THE ENGINEER'S "REPORT" 4
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WHEREAS, the CITY COUNCIL of the CITY OF CAlUSB,
CALIFORNIA, has previously adopted its Resolution of Intent
and initiated proceedings for the installation of certain pub
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appurtenant work, including acquisition where appropriate, i
special assessment district pursuant to the terms and provisi
of the llMunicipal Improvement Act of 1913", being Division 12
the Streets and Highways Code of the State of California, S
1211SPeCial assessment district known and designated as ASSESSM
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DISTRICT NO. 92-1 (LA COSTA DOWNS) (hereinafter referred to
the "Assessment Districtf1) ; and,
WHEREAS, pursuant to said Resolution of Intention,
"ReportI1, as therein provided, was presented, considered
1711approved; and, 1s
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WHEREAS, said llReportll, as preliminarily approved, contaj
all the matters and items called for by law and as pursuant
the provisions of said llMunicipal Improvement Act Of 19:
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including the following:
1. Plans and specifications of the proposed improveme]
2. Estimate of cost;
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3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
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I the time, form and manner required by law and as evidenced
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and a full hearing has been given, all in the manner provided 4
and at this time all protests have been heard and consider< 3
affidavits on file1 with the transcript of these proceedinc
and deny all protests and objections; and, 11
legislative body did, after providing a full hearing, overr 10
improvements and acquisition where appropriate, and t 9
did not file written protests against the said propo 8
one-half (1/2) of the area assessed for the cost of the proj 7
WHEREAS, at this time it is determined that the owners 6
law; and,
12 WHEREAS, this legislative body is now satisfied with
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updated and submitted. 14
assessment and all matters contained in the llReportll as
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correct. 18
SECTION 1. That the above recitals are all true 17
RECITALS 16
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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SECTION 2. That all protests and objections of every 1 20
PROTESTS
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property to be assessed for said improvements within 24
are made by the owners of less than one-half of the are; 23
and it is further determined that said protests and object. 22
and nature be, and the same hereby are, overruled and den:
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Assessment District. 25
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SECTION 3. That it is hereby determined that all propert. 2
BENEFITS RECEIVED
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within the boundaries of the Assessment District receive a 101
and declared that all assessable costs and expenses have b 6
said Assessment District, and it is hereby further determi 5
and direct benefit from the works of improvement as proposed
received thereby. 9
of the Assessment District in direct proportion to the benef 8
apportioned and spread over the properties within the boundar 7
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SECTION 4. That the public interest and convenience requ 11
PUBLIC INTEREST AND CONVENIENCE
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the proposed improvements to be made, and therefore it is her
including acquisition where appropriate, in said Assessn 15
with appurtenances and appurtenantwork in connection therewi 14
ordered that the work be done and improvements be made, toget
considered, and as now approved. 18
adopted and as set forth in the llReportll presented 17
District, as set forth in the Resolution of Intention previoc 16
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SECTION 5. That the llReportl' of the Engineer, as 20
ENGINEER'S "REPORT"
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future proceedings for this Assessment District. 23
approved and said llReportll shall stand as the llReportlt for 22
submitted, updated and amended as appropriate, is her
CONFIRMATION OF ASSESSMENT
25 SECTION 6. That the assessments, as now filed in
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with appurtenances and appurtenantwork in connectiontherew: 27
Engineer's l'Reportl@ and diagram for the improvements, togel
including acquisition where appropriate, are hereby confir1 28
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~ The assessments contained in the fi:
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2 Engineer's "Reporttt are hereby levied and approved as folio
3 A. The final assessments to represent the co
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annual assessment as set forth in said "Report". 8
administrative costs in an amount not to exceed the maxi 7
B. The annual assessment to pay 6
authorized for these proceedings. 5
and expenses to finance the public works of improvement,
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RECORDATION OF ASSESSMENT
SECTION 8. That the City Clerk shall forthwith delivel
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the Superintendent of Streets the assessment, together with
SECTION 9. Upon confirmation of the assessments 19
COUNTY RECORDER NOTICE 18
his certificate of the date of such recording. 17
a suitable book to be kept for that purpose and attach the 16
immediately record said diagram and assessment in his Offic 15
thereof; and that said Superintendent of Streets shall 14
with his certificate of such confirmation attached and the 1 13
diagram attached thereto and made a part thereof, as confirr
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of the State of California. 26
and specifically Section 3114 of the Streets and Highways 25
the County Recorder in the manner and form as set forth b] 24
of the notice of assessment shall be recorded in the Offic 23
Office of the County Recorder. Immediately thereafter, a 22
of the assessment diagram shall be immediately filed in 21
recordation of the assessment roll and diagram, a certified
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MAILED NOTICE
SECTION 10. That upon recordation of the diagram
assessment, a notice shall be mailed to each owner of I
property within the Assessment District at his last kr
address, as said address appears on the last equalized tax rc
of the County, said notice to set forth a statement contair
a designation of the property assessed, as well as the amoun
the final confirmed assessment, and further indicating '
bonds will be issued pursuant to the "Improvement Act of 19
PUBLICATION
SECTION 11. That notice shall also be given by publica
in the designated legal newspaper, said notice setting fort1
amount of the final assessment and indicating that
assessment is now due and payable, and further indicating
if said assessment is not paid within the allowed thirty
day cash collection period, bonds shall be issued as autho~
by law.
No publication shall be required if all (:
of the assessed property owners have timely filed a pro:
executed waiver of the cash collection period.
ASSESSMENT COLLECTION AND BOND SERVICE
SECTION 12. TheTreasureris herebyauthorizedanddire
in accordance with the applicable provisions of "Improvemer
of 1911", being Division 7 of the Streets and Highways Cc
the State of California, to perform the following:
A. To prepare and mail the appropriate
annual billing slips to all property owners withir
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boundaries of the Assessment District advising them of th
unpaid balance and the date for the annual submittal.
B. Upon collection of all monies, to tim
transmit payment to all registered bondholders at the respect
name and addresses as set forth in the bond register on file
the Office of the Treasurer.
C. To prepare a BOND REGISTER book sett
forth names and addresses of bondholders and further sett
forth all information regarding collection of and payment on
unpaid special assessments.
ASSESSMENT DISTRICT FUNDS
SECTION 13. The Treasurer is hereby authorized at this ti
if not previously done, to establish the following funds
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necessary for the payment of costs and expenses
contributions shall be placed into the Improvement Fund. 18
cash collections, proceeds from the sale of bonds and applica 17
A. IMPROVEMENT FUND: All monies received f 16
administration of the proceedings for this Assessment Distri
19 B. REDEMPTION FUND: All monies received f
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Fund. 21
the payment of assessments shall be placed in the Redempt
22 For particulars as to the administration
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Bonds. 26
subsequent adoption of a Resolution Authorizing the Issuancf 25
be set forth in a Bond Indenture to be approved by 24
handling of the Funds, the specific terms and conditions SI
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1 APPROVED and ADOPTED this
2 1995.
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STATE OF CALIFORNIA
ATTEST :
7 CITY aez;ak CLERK b4. 9
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CITY OF CARLSBAD
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STATE OF CALIFORNIA
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CITY OF CARLSBAD 2
COUNTY OF SAN DIEGO
STATE OF CALIFORNIA
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I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARL
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolu
being Resolution No. 95-246 , was duly passed, approvec
adopted by the City Council, approved and signed by the M '(1 and attested by the City Clerk, all at the regular meeti
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said City Council held on the 5th day of September
1995, and that the same was passed and adopted by the foll
vote:
AYES : COUNCIL MEMBERS Lewis, Nygaard, Finnila, Hal
NOES : COUNCIL MEMBERS
1311 ABSENT: COUNCIL MEMBERS Kulchin
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ABSTAIN: COUNCIL MEMBERS
EXECUTED this 7th day of September , 195
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Carlsbad, California.
lL-LEt&aeL
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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