HomeMy WebLinkAbout1998-05-19; City Council; Resolution 98-149$7 II 0 0 EW[4[7 if
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I ll RESOLUTION NO. 98-149
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
REIMBURSEMENT TO THE CARLTAS COMPANY FOR THE
CONSTRUCTION OF MASTER DRAINAGE PLAN FACILITY CB
AND CC IN THE AMOUNT OF $165,882.
CARLSBAD, CALIFORNIA, APPROVING IMMEDIATE ONE-TIME
WHEREAS, the Carlsbad Ranch Company, LP, as a condition of approval for Carlsbac
Tract 92-07 and 94-09, did complete the construction of on-site drainage facilities identified in tht
City’s Master Drainage and Storm Water Quality Management Plan (Master Drainage Plan) a!
Planned Local. Drainage facilities CB and CC located within Planned Local Drainage Area “C’
and
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WHEREAS, the Carlsbad Municipal Code Section 15.08.080 provides that the Cit
11 11 Council, at its discretion, may enter into a reimbursement agreement with any developer who ha
12 11 constructed a Planned Local Drainage (PLD) facility identified in the Master Drainage Plan; and 13 11 WHEREAS, the Carlsbad Ranch Company, LP, has requested an immediat, 14
reimbursement for costs incurred in the construction of PLD facility CB and CC; and 15
WHEREAS, the Carlsbad Ranch Company, LP, has submitted detailed accountin
records, verified by the Assessment Engineer and adopted by the City Council, as a part of th
formation of the Carlsbad Ranch Assessment District , which show that the total audited cost t
construct the storm drain facilities CB and CC was $1,267,899 and the design costs nc
assessed as part of the Carlsbad Ranch Assessment District were $31,371 ; and
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21 WHEREAS, the Carlsbad Ranch Company, LP, has been reimbursed $1,133,388 throug
22 the Carlsbad Ranch Assessment District; and
23 WHEREAS, the Carlsbad Ranch Assessment District could only assess the Planne
24 Local Drainage Area (PLDA) fees because that was the benefit to the assessment district; and
25 WHEREAS, the Carlsbad Ranch Company, LP, is eligible for the remaining cost to desiG
26 and construct the storm drain facility because the facility is a benefit to others; and
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WHEREAS, the Carlsbad Ranch Company, LP, as a condition of approval of CT 92-0‘
nd 94-09, entered into agreements with the City to pay any increase in PLDA fees resultin!
om the recent Master Drainage Plan update; and
WHEREAS, the Carlsbad Ranch Company, LP, has fulfilled this obligation for a
roperties approved for development in satisfaction of said agreements; and
WHEREAS, adequate funds are, or will be, available through the collection of PLDA fee
reimburse the developer for the cost of the PLD facility CB and CC not reimbursed through th
rlsbad Ranch Assessment District; and
WHEREAS, adequate funds currently exist within PLDA account for Area “C t
burse the developer for the construction of PLD facility CB and CC and to finance all PL[
“C” drainage improvements programmed in the City’s current and proposed five-yea
al Improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
That the above recitations are true and correct.
2. That the Finance Director is hereby directed to make an immediate one-tim
ursement to the Carlsbad Ranch Company, LP, in the amount of $165,882 for th
uction of PLD facility CB and CC from PLDA Area “C account.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counc
n the 19 day of May , 1998 by the following vote, to wit:
AYES: Council Members Finnila, Nygaard, Hall & Kulchin
NOES: None
ABSENT: Council Member Lewis
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CLAbDE A. LEWIS, Mayor
A FINNILA, Mayor Pro Tern
26 I I ATTEST:
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28 ALETHA L. wu?EN (SEAL)