HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-2093
* !I 0 0 EXHIBIT 4
1 RESOLUTION NO. 98-209
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING A MAP SHOWING THE PROPOSED
BOUNDARIES OF A SPECIAL ASSESSMENT DISTRICT AND MAKING
APPOINTMENTS
WHEREAS, the CITY COUNCIL of the CITY OF Carlsbad, CALIFORNIA, has
6 // been presented and has received a map showing and describing the boundaries of the
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area proposed to be assessed in an assessment district under the provisions and
authority of the "Municipal Improvement Act of 191 3", being Division 12 of the Streets
and Highways Cde of the State of California; said assessment district known and
designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (the
"Assessment District").
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NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
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SECTION 2: A map showing the boundaries of the proposed Assessment
District and lands and property to be assessed to pay the costs and expenses of the
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BOUNDARIES OF ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)" is 18
proposed acquisition of certain public improvements designated as "PROPOSED
hereby submitted, and the same is hereby approved and adopted. 19
2o I1 SECTION 3: The original map of the boundaries of the proposed Assessment
21 District and one copy thereof is to be filed in the Office of the City Clerk.
22 SECTION 4: A certificate shall be endorsed on the original and on at least one
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Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the 24
copy of the map of the Assessment District, evidencing the date and adoption of this
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time and place of hearing on the formation or extent of the Assessment District, a copy of
such map shall be filed with the correct and proper endorsements thereon with the
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County Recorder, all in the manner and form provided in Section 31 11 of the Streets and
Highways Code of the State of California.
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3 SECTION 5: The City Engineer is hereby appointed to perform all of the duties
4 ll and functions of the Superintendent of Streets as said duties are specified and
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7 District.
8 SECTION 6: The place for recordation of the assessment roll and diagram shall
g be in the Office of the Superintendent of Streets, and said assessment roll and diagram,
designated in the "Municipal Improvement Act of 191 3", being Division 12 of the Streets
and Highways Code of the State of California, for the above-referenced Assessment
3.0 upon recordation, shall be kept as a permanent record.
11 SECTION 7: The North County Times is hereby designated as the newspaper
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SECTION 8: The firm of Berryman & Henigar is hereby appointed the 14
Assessment District. 13
for all publications as required by law and as necessary for completion of this
Assessment Engineer for said proceedings, and said Assessment Engineer shall
I.6 perform all of the duties and responsibilities as set forth by law as they relate to said
17 Assessment District.
l8 /I SECTION 9: The law firm of Brown Diven Hessell & Brewer LLP is hereby
19 I appointed to act as Bond Counsel for the purposes of preparing proceedings and issuing
an approving opinion attesting to the validity of the proceedings and the enforceability of
the bonds.
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23 /I SECTION IO: The law firm of Jones Hall is hereby appointed to act as Disclosure
24 I/ Counsel for the purposes of preparing an official statement for the sale of the bonds.
25 II SECTION 11: That Kadie-Jensen Johnson & Bodnar is hereby appointed as the
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Financial Advisor to the City for the purposes of preparing proceedings and issuance
and sale of the bonds.
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SECTION 12: That Stone & Youngberg LLC is hereby appointed as the 1
2 Underwriter with respect to the sale and delivery of the bonds.
3 I1 SECTION 13: That this legislative body hereby establishes a special
4 11 Improvement Fund designated by the name and number of the Assessment District, and
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proceeds of the sale of bonds as authorized by Section 1021 0 of the Streets and g
fund. Any funds transferred are a loan to the fund and shall be repaid out of the 8
authorized by law, funds from any available source may be transferred into said special
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
10 Highways Code of the State of California.
11 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council
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following vote: 13
of the City of Carlsbad, held on the 23rd day of June , 1998, by the
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AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
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ABSTAIN: None
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&kUbE,A: l!EWi?3, Mayor
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21 /I ATTEST:
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/&+&I I 23 ALETHA L. RAUTENKRANZ, City Clerk]
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