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HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-210q I/ 0 0 EXHIBIT 5 1 2 3 4 5 6 7 RESOLUTION NO. 98-210 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO ORDER THE ACQUISITION OF CERTAIN IMPROVEMENTS IN A PROPOSED ASSESSMENT DISTRICT, DECLARING THE IMPROVEMENTS TO BE OF SPECIAL BENEFIT, DESCRIBING THE DISTRICT TO BE ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF, AND PROVIDING FOR THE ISSUANCE OF BONDS Be it Resolved by the City Council of the City of Carlsbad (the 'City") 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 "Municipal Improvement Act 191 3") (the "Improvement Act"), to order the acqrrisition of certain public improvements, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter referred to as the "Assessment District"). 8 9 10 11 12 13 14 15 Ii l6 I/ DESCRIPTION OF IMPROVEMENTS TO BE ACQUIRED 17 18 A. The public improvements to be acquired are generally described as 19 I follows: roadway improvements to Melrose Drive from its existing northern 20 Palomar Airport Road approximately 1000 feet east and 700 feet west of 21 termination north of Alga Road to Palomar Airport Road, improvements to improvements, riparian mitigation for the roadway improvements, 24 water mains and pressure reducing station along the roadway 23 the Melrose Drive intersection, sewer mains, water mains and reclaimed 22 25 relocation of sewer mains and grading for expansion of Poinsettia Lane, 26 together with appurtenances and appurtenant work, all being necessary 27 28 4 j , ll a 0 1 2 3 4 5 6 for and to specially benefit properties within the boundaries of the Assessment District. B. All rights-of-way and easements required for the improvements shall be shown upon the plans referred to herein and to be filed with these proceedings. C. All of the improvements to be acquired are to be installed at the places 7 and in the particular locations, and to the sizes, dimensions and materials, 8 plans, profiles and specifications, all to be made a part of the Assessment 9 to the lines, grades and elevations as shown and delineated upon the 10 general in nature, and the plans and profiles of the work as contained in 12 D. The description of the improvements contained in this Resolution is 11 Engineer's Report. 13 DESCRIPTION OF ASSESSMENT DISTRICT I.5 and detailed description thereof. 14 the Assessment Engineer's Report shall be controlling as to the correct 16 17 18 19 ! 20 21 22 23 24 25 SECTION 2. The improvements are of special benefit to the properties and land within the Assessment District, and this legislative body hereby makes the expenses of the acquisition of such improvements chargeable upon the Assessment District, which is described as follows: All of that certain territory in the proposed Assessment District included within the exterior boundary lines shown on the map exhibiting the property specially benefitted and proposed to be assessed to pay the costs and expenses of the acquisition of the work and improvements described above, such map entitled "PROPOSED BOUNDARIES ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO)", and which map 26 27 was previously approved by this legislative body and is on file with the transcript 28 -.- 1 I .. I1 1 2 0 0 of these proceedings. For all particulars as to the boundaries of the Assessment District, reference is hereby made to such boundary map. 11 REPORT OF THE ASSESSMENT ENGINEER 3 4 II SECTION 3. The proposed improvements are hereby referred to Berryman & 5 11 Henigar (the “Assessment Engineer”), who is hereby directed to make and file a report 6 7 as required by the Improvement Act, Article XlllD of the Constitution of the State of California and the Omnibus Proposition 21 8 Implementation Act (Government Code 8 contain the following: 9 Section 53750) (collectively, the “Assessment Law”), such report to be in writing and 10 be acquired, including the cost of the incidental expenses, in connection 12 B. An estimate of the cost of the acquisition of the improvements proposed to 11 A. Plans and specifications of the improvements proposed to be acquired; 13 therewith; 14 15 16 17 18 19 I 2o I 21 22 23 24 25 C. A diagram showing the Assessment District, which shall also show the boundaries and dimensions of the respective subdivisions of land within such Assessment District, as the same existed at the time of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon such diagram; D. The proposed assessment of the assessable costs and expenses of the acquisition of the proposed improvements upon the several divisions of land in the Assessment District in proportion to the estimated special benefits to be received by such subdivisions, respectively, from such improvements. Such assessment shall refer to such subdivisions upon such diagram by the respective numbers thereof; 26 ll E. The description of the improvements proposed to be acquired under 27 i! these proceedings. 28 .. , , .., I1 a 0 II When any portion or percentage of the assessable costs and expenses of the 1 2 3 4 5 acquisition 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 such acquisition, and such assessment shall include only the remainder of the estimated costs and expenses. Such assessment shall refer to such 6 II subdivisions by their respective numbers as assigned pursuant to item D of this Section. 7 8 g BONDS 10 SECTION 4. Notice is hereby given that bonds to represent the unpaid 11 following), which bonds shall be issued for a term not to exceed the legal maximum term 14 Improvement Bond Act of 1915 (Streets and Highways Code Section 8500 and 13 rate of 12% per annum, will be issued hereunder in the manner provided in the 12 assessments, and bear interest at the rate of not to exceed the current legal maximum as authorized by law, THIRTY-NINE (39) YEARS from the second day of September I.5 I' Act, providing an alternative procedure for the advance payment of assessments and the l7 next succeeding twelve (12) months from their date. The provisions of Part 11 .I of such 18 19 20 21 22 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. 23 24 25 I/ Pursuant to the provisions of the Improvement Act and specifically Streets and 26 27 28 Highways Code Section 10603, the Treasurer is hereby designated as the officer to collect. and receive the assessments during the cash collection period. II // __.7 : i- ., .., 0 0 IMPROVEMENT ACT 1 2 SECTION 5. Except as may otherwise be provided for in the issuance of the 3 11 bonds described above, all of such improvements shall be acquired pursuant to the 4 /I provisions of the Improvement Act. 5 /I SURPLUS FUNDS 6 SECTION 6. If any excess shall be realized from the assessment, it shall be 7 provisions of law for one or more of the following purposes: 8 used, in such amounts as the legislative body may determine, in accordance with the 9 A. Transfer to the general fund; provided that the amount of any such 10 B. As a credit upon the assessment and any supplemental assessment; 12 or five percent (5%) of the total from the Improvement Fund; 11 transfer shall not exceed the lesser of One Thousand Dollars ($l,OOO,OO) 13 l5 D. To call bonds. 14 C. For the maintenance of the improvements; or IMPROVEMENT FUND 16 SECTION 7. The legislative body hereby establishes a special improvement l7 // fund identified and designated by the name of this Assessment District, and into such 18 19 Fund monies may be transferred at any time to expedite the acquisition of the authorized 1 improvements, and any such advancement of funds is a loan and shall be repaid out of 2o j/ the proceeds of the sale of bonds as authorized by law. 21 22 23 GRADES SECTION 8. 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 herein contemplated shall be done to the grades as indicated 24 25 26 ll on the plans and specifications, to which reference is made for a description of the grade 27 28 I1 . .1 , .. 7 0 e 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 9. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: LISA HILDABRAND, DIRECTOR OF FINANCE FINANCE DEPARTMENT CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008 (760) 434-2867 PUBLIC PROPERTY SECTION 10. All public property shall be subject to assessment in these proceedings unless otherwise expressly provided and listed herein. ACQUISITION SECTION 11. The public interest, convenience and necessity requires that certain land, rights-of-way or easements be obtained in order to allow the works of improvement as proposed for this Assessment District to be accomplished. The Assessment Engineer's Report, upon adoption, shall provide certification that the land, rights-of-way or easements have been acquired or will be acquired as part of the acquisition of the improvements. 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 I1 *..-: . ,I 0 e Section 8769(b) of the Streets and Highways Code of the State of California, and such 1 determination shall further be set forth in the text of the bonds issued pursuant to the "Improvement Bond Act of 191 5". WORK ON PRIVATE PROPERTY 2 3 4 5 6 convenience and more economical to do certain work on private property to eliminate 7 any disparity in level or size between the improvements and the private property. The 8 actual cost of such work is to be added to the assessment on the lot on which the work is 9 done, and no work of this nature is to be performed until the written consent of the SECTION 13. It is hereby further determined to be in the best public interest and 10 ANNUAL ADMINISTRATIVE ASSESSMENT 11 property owner is first obtained. 12 SECTION 14. It is hereby declared that this legislative body proposes to levy an 13 State of California, such annual assessment to pay costs incurred by the City and not 14 annual assessment pursuant to Section 10204 of the Streets and Highways Code of the l5 11 otherwise reimbursed which result from the administration and collection of assessments I' /I or from the administration or registration of any associated bonds and their related funds. I'7 // UTILITY IMPROVEMENTS l8 I/ SECTION 15. Pursuant to Section 101 10 of the Streets and Highways Code of l9 /I the State of California, it is also the intention of this legislative body with respect to the 20 21 22 improvements to be owned managed or controlled by any other public agency, regulated public utility, or mutual water company, to enter into an agreement with the Vallecitos // Water District or other public utility company or public agency with respect to 23 improvements to be acquired prior to ordering the acquisition of improvements. 24 25 26 27 28 ,,,, '~. 0 0 1 2 3 4 5 6 7 8 9 PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad, held on the 23rd day of June , 1998, by the following vote: AYES: Council Members Lewis, Finnila, Nygaard and Hall NOES: None ABSENT: Council Member Kulchin ABSTAIN: None /*I;: /' ' / /: 4.:: / ',,/ ,. .$ , /A/ %././ I f b J+#z54/h-// ,(,? ? l.! ,!/. f ,.2~;<,~.c;4? '+"i~"~z A'LEwIS, b3for'~ 10 11 ATTEST: l2 ALmw L. RATL&F~TEz"/ 13 &&! /?3 .2 II 14 15 16 17 18 19 I 20 21 22 23 24 25 26 27 I1 28 "? :$ i