HomeMy WebLinkAbout1997-03-25; City Council; Resolution 97-415%, w e
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RESOLUTION NO. 97-415
RESOLUTION OF THE CITY COUNCIL OF THE 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
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The public interest and convenience require, and
it is the intention of this body, pursuant to the provisions of
Division 12 of the Streets and Highways Code of the State of
California (the ItMunicipal Improvement Act 1913") , to order the
installation of certain public improvements, together with
appurtenances and appurtenant work, in a special assessment
district known and designated as ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH) (hereinafter referred to as the ltAssessment
Districttt) .
DESCRIPTION OF IMPROVEMENTS
A. The financing of major public improvements
generally described as acquisition and construction of the
following items, including all necessary appurtenances:
1. CANNON ROAD from Car County Drive to Leg0
Drive, constructed to arterial standards with four traffic lanes
and a raised median within a 102 foot right-of-way including the
following improvements: grading, roadway/surface improvements,
water, sewer and landscaping.
2. Improvements to the north side of existing
PALOMAR AIRPORT.DRIVE from Paseo del Norte to Hidden Valley Road,
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including the following: grading, roadway/surface improvements
including median, traffic signal modification at Paseo Del Norte
and Armada Drive., landscaping, relocation of utilities and
undergrounding of overhead electric lines.
3. ARMADA DRIVE from Leg0 Drive to Palomar
Airport Road, and LEG0 DRIVE from Cannon Road to Roundabout and end
of right-of-way, constructed with four traffic lands and raised
median in some areas, including the following improvements:
grading, roadway/surface improvements, traffic signals, street
lights, sewer, water, reclaimed water and landscaping.
4. Storm drain improvements in ARMADA DRIVE and
in an easement in Leg0 Drive.
5. The relocation of an existing water line
located easterly of ARMADA DRIVE.
6. Pedestrian sidewalk improvements (wide
sidewalk, retaining wall, landscaping and benches) located along
the western side of ARM24DA DRIVE and in an easement along the
western and southern side of assessment number 22.
7. Acquisition of the existing lien for
Assessment District No. 86-1 (Palomar Airport Road West).
8. The proposed work shall also include design
engineering services (including preparation of plans,
specifications and cost estimates), environmental, archaeology,
paleontology, planning studies, surveying and staking, construction
management, inspection, financial advisor, assessment engineering,
legal and bond counsel services, City administration services and
other expenses associated with the work effort.
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B. All of said work and improvements are to be
installed at the places and in the particular locations, and to the
sizes, dimensions and materials, to the lines, grades and
elevations as shown and delineated upon the plans, profiles and
specifications, all to be made a part of the Engineer's I1Reportt1.
C. The description of the improvements contained
in this Resolution is general in nature, and the plans and profiles
of the work as contained in the Engineer's "Report11 shall be
controlling as to the correct and detailed description thereof.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. That said improvements are of direct benefit to the
properties and land within the Assessment District, and this
legislative body hereby makes the expenses of said work and
improvement chargeable upon a district, which is described as
follows:
All that certain territory in the District included
within the exterior boundary lines shown on the plat exhibiting the
property benefited and to be assessed to pay the costs and expenses
of said work and improvements in the Assessment District, said map
titled "PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 95-1
(CARLSBAD RANCH)", and which map was heretofore approved and which
said map is on file with the transcript of these proceedings,
EXCEPTING therefrom the area shown within the area of all public
streets, easements or public rights-of-way. For all particulars as
to the boundaries of the Assessment District, reference is hereby
made to said previously approved boundary map.
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred
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to GALEN N. PETERSON, CONSULTING ENGINEER, who is hereby directed
to make and file the report in writing containing 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;
C. A diagram showing the Assessment District above
referred to, which shall also show the boundaries and dimensions of
the respective subdivisions of land within said Assessment
District, as the same existed at the time of the passage of the
Resolution of Intention, each of which subdivisions shall be given
a separate number upon said Diagram;
D. A proposed assessment of the total amount of the
assessable costs and expenses of the proposed improvement upon the
several divisions of land in proportion to the estimated benefits
to be received by such subdivisions, respectively, from said
improvement. Said assessment shall refer to such subdivisions upon
said diagram by the respective numbers thereof;
E. The description of the works of improvement to
be installed under these proceedings, and acquisition, where
necessary.
When any portion or percentage of the cost and
expenses of the improvements is to be paid from sources other than
assessments, the amount of such portion or percentage shall first
be deducted from the total estimated costs and expenses of said
work and improvements, and said assessment shall include only the
remainder of the estimated costs and expenses. Said assessment
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shall refer to said subdivisions by their respective numbers as
assigned pursuant to Subsection D. of this Section.
BONDS
SECTION 4. Notice is hereby given that bonds to represent the
unpaid assessments, and bear interest at the rate of not to exceed
the current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the tlImprovement Bond Act of
1915tt, being Division 10 of the Streets and Highways Code of the
State of California, which bonds shall be issued not to exceed the
legal maximum term as authorized by law, THIRTY-NINE (39) YEARS
from the second day of September next succeeding twelve (12) months
from their date. The provisions of Part 11.1 of said Act,
providing an alternative procedure for the advance payment of
assessments and the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual
proportion of the aggregate principal of the bonds, and the amount
of principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount that is
equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of California, specifically Section
10603, the Treasurer is hereby designated as the officer to collect
and receive the assessments during the cash collection period.
Said bonds further shall be serviced by the Treasurer or designated
Paying Agent.
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Refundinq
Any bonds issued pursuant to these proceedings and
Division 11.5 of the Streets and Highways Code of the State of
California (a) may be refunded (b) the interest rate on said bonds
shall not exceed the maximum interest rate as authorized for these
proceedings, and the number of years to maturity shall not exceed
the maximum number as authorized for these bonds unless a public
hearing is expressly held as authorized pursuant to said Division
11.5, and (c) any adjustments in assessments resulting from any
refundings will be done on a pro-rata basis.
Any authorized refunding shall be pursuant to the
above conditions, and pursuant to the provisions and restrictions
of Division 11.5 of the Streets and Highways Code of the State of
California, commencing with Section 9500, and all further
conditions shall be set forth in the Bond Indenture to be approved
prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913Iv, being Division 12 of the Streets and Highways Code of
the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the
assessment, it shall be used, in such amounts as the legislative
body may determine, in accordance with the provisions of law for
one or more of the following purposes:
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A. Transfer to the general fund; provided that the
amount of any such transfer shall not exceed the lesser of One
Thousand Dollars ($l,OOO,OO) or five percent (5%) of the total from
the Improvement Fund;
B. As a credit upon the assessment and any
supplemental assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
SPECIAL FUND
SECTION 7. The legislative body hereby establishes a
special improvement fund identified and designated by the name of
this Assessment District, and into said Fund monies may be
transferred at any time to expedite the making of the improvements
herein authorized, and any such advancement of funds is a loan and
shall be repaid out of the proceeds of the sale of bonds as
authorized by law.
PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest
will not be served by allowing the property owners to take the
contract for the installation of the improvements , and that, as
authorized by law, no notice of award of contract shall be
published. This limitation does not prohibit the property owners
from financing all or a portion of the improvements through a
private acquisition agreement.
GRADES
SECTION 9. That notice is hereby given that the grade to which
the work shall be done is to be shown on the plans and profiles
therefor, which grade may vary from the existing grades. The work
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herein contemplated shall be done to the grades as indicated on the
plans and specifications, to which reference is made for a
description of the grade at which the work is to be done. Any
objections or protests to the proposed grade shall be made at the
public hearing to be conducted under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
your attention is directed to the person designated below:
JIM ELLIOTT, FINANCIAL MANAGEMENT DIRECTOR CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008 TELEPHONE: (619) 434-2948
Written protests should be addressed to the City Clerk and
mailed to the address listed above.
ACQUISITION
SECTION 11. That the public interest, convenience and
necessity requires that acquisition shall be authorized as follows:
A. Acquisition of any rights-of-way, land and/
or easements necessary to accomplish the works of improvement, if
appropriate.
B. Acquisition of eligible facilities as
constructed pursuant to an Acquisition Agreement previously
approved,and herein again ratified between City and property owner.
C. Acquisition of outstanding special assessment
liens previously levied for Assessment District No. 86-1 (Palomar
Airport Road West).
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NO CITY LIABILITY
SECTION 12. This legislative body hereby further declares not
to obligate itself to advance available funds from the Treasury to
cure any deficiency which may occur in the bond redemption fund.
This determination is made pursuant to the authority of Section
8769(b) of the Streets and Highways Code of the State of
California, and said determination shall further be set forth in
the text of the bonds issued pursuant to the "Improvement Bond Act
of 191511.
PETITION
SECTION 13. That a petition signed by property owners
representing more than 60% in area of the property subject to
assessment for said improvement has been signed and filed with the
legislative body and approved, and no further proceeding or actions
will be required under Division 4 of the Streets and Highway Code
of the State of California, the "Special Assessment Investigation,
Limitation and Majority Protest Act of 193ltg.
WORK ON PRIVATE PROPERTY
SECTION 14. It is hereby further determined to be in the best
public interest and convenience and more economical to do certain
work on private property to eliminate any disparity in level or
size between the improvements and the private property. The actual
cost of such work is to be added to the assessment on the lot on
which the work is done, and no work of this nature is to be
performed until the written consent of the property owner is first
obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 15. It is hereby declared that this legislative body
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1 proposes to levy an annual assessment pursuant to Section 10204 of 11 2
registration of any associated bonds and their related funds. 6
collection of assessments or from the administration or 5
otherwise reimbursed which result from the administration and 4
annual assessment to pay costs incurred by the City and not 3
the Streets and Highways Code of the State of California, said
7 PASSED, APPROVED AND ADOPTED at a regular meeting of the City
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1997, by the following vote: 9
Council of the City of Carlsbad, held on the 25th day of March ,
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ABSENT: Council Members Nygaard and Kulchin 12
NOES: ' None 11
AYES: Council Members Lewis, Finnila and Hall
13 II ABSTAIN : None
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18 ATTEST :
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ALETHA L. RAUTENKRANZ, City Clbrk
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