HomeMy WebLinkAbout1997-03-25; City Council; Resolution 97-4131. -
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RESOLUTION NO. 97-413
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, MAKING APPOINTMENTS IN A SPECIAL ASSESSMENT DISTRICT
4 WHEREAS , the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 17
completion in accordance with the provisions of law. 16
certain duties, in order to allow the proceedings to go forward to 15
making the required appointments and designating persons to perform 14
WHEREAS, at this time, this legislative body is desirous of 13
referred to as the IIAssessment District") ; and, 12
as ASSESSMENT DISTRICT NO. 95-1 (CARLSBAD RANCH) (hereinafter 11
work, said special assessment district to be known and designated 10
works of improvement, together with appurtenances and appurtenant 9
the State of California, for the installation of certain public 8
Act of 1913It, being Division 12 of the Streets and Highways Code of 7
pursuant to the terms and provisions of the ItMunicipal Improvement 6
is considering the formation of a special assessment district,
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SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
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Streets as said duties are specified and designated in the 21
perform all of the duties and functions of the Superintendent of
shall be kept as a permanent record. 28
Streets, and said assessment roll and diagram, upon recordation, 27
roll and diagram shall be in the Office of the Superintendent of 26
SECTION 3. That the place for recordation of the assessment 25
above-referenced Assessment District. 24
Streets and Highways Code of the State of California, for the 23
"Municipal Improvement Act of 1913It, being Division 12 of the 22
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SECTION 4. That GALEN N. PETERSON, CONSULTING ENGINEER is
hereby appointed the Assessment Engineer for said proceedings, and
said Assessment Engineer shall perform all of the duties and
responsibilities as set forth by law as they relate to said
Assessment District.
SECTION 5. That BROWN , DIVEN & HENTSCHKE, Attorneys at Law ,
is hereby appointed to act as Bond Counsel for the purposes of
preparing proceedings and issuing an approving opinion attestingto
the validity of the proceedings and the enforceability of the bonds
pursuant to the terms and provisions of a Special Counsel Agreement
previously approved and an Amendment to Special Counsel Agreement
submitted herewith as attachment A, which Amendment is hereby
accepted and authorized for execution on behalf of the City.
SECTION 6. That this legislative body hereby establishes a
special IMPROVEMENT FUND designated by the name and number of the
Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order to
expedite the improvements or acquisition under these proceedings
and as authorized by law, funds from any available source may be
transferred into said special fund. Any funds transferred are a
loan to the fund and shall be repaid out of the proceeds of the
sale of bonds as authorized by Section 10210 of the Streets and
Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 25th day of March ,
1997, by the following vote:
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1 AYES: Council Members Lewis, Finnila and Hall
2 NOES: None
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ABSTAIN : None 4
ABSENT: Council Members
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ALETHA L. RAUTENKRANZ, City Clerk
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ATTEST :
+ a m ATTACHMEN1
AMENDMENTTOSPECIALCOUNSELAGREEMENT
THI AMENDMENT TO SPECIAL COUNSEL AGREEMENT is made and entered into this Jfl*
of LC*_, -1 1997, by and between the CITY OF CARLSBAD, CALIFORNIA, a munic
corporation (hereinafter referred to as "City"), and BROWN, DIVEN & HENTSCHKE (hereinafter refe
to as "Counsel").
WHEREAS, previously on March 10, 1995, a Special Counsel Agreement was entered into between
and Counsel relating to the formation of Community Facilities District No. 3 (Carlsbad Ranch); and
WHEREAS, at this time it has specifically been determined that the proceedings for the s;
development will now be pursuant to the provisions of the "Municipal Improvement Act of 191 3", Divi
12 of the Streets and Highways Code of the State of California; and
WHEREAS, at this time this Amendment to Special Counsel Agreement has been submitted relating
to particular changes and modifications to the original Agreement.
NOW, THEREFORE, IT IS HEREBY AGREED by and between the parties hereto as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That Section 1. of the previously approved Special Counsel Agreement is amendel
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follows:
No election procedure will be required and Counsel will perform all services necessary
customary relating to the formation of a special assessment district, specifically inch
all services as set forth in the original Special Counsei Agreement.
SECTION 3. That Section 2. of the original Special Counsel Agreement is amended to delete subsel
B.l. and there no fee shall be due and payable upon the conclusion of any sp
election. The fee schedule shall be the same as originally approved; however, any
shall all be due and payable upon receipt of money from the sale and delivery of bo
SECTION 4. All other terms and conditions of the original Special Counsel Agreement shall rema
full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the day
year first hereinabove written.
CITY OF CARLSBAD
STATE OF CALIFORNIA -.-.
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A~EST:- . - _. -
, CITY OF-CARLSBAD
STATE OF CALIFORNIA
"COUNSEL"1
HENTSCHKE
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