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HomeMy WebLinkAbout2009-05-12; City Council; Resolution 2009-1031 RESOLUTION NO. 2009-103 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, 3 CALIFORNIA, APPROVING A REIMBURSEMENT AGREEMENT WITH CARLSBAD UNIFIED SCHOOL DISTRICT FOR CONSTRUCTION OF 4 THE DRAINAGE MASTER PLAN FACILITY BCC AND APPROPRIATING FUNDS. 5 WHEREAS, Carlsbad Unified School District ("District"), is undertaking a modernization 6 project of the existing Carlsbad High School located 3557 Lancer Way; and, WHEREAS, the modernization project of the existing Carlsbad High School triggers the Q0 need to construct the Planned Local Drainage Area (PLDA) facility BCC, as described in the 9 2008 City Drainage Master Plan, and, 10 WHEREAS, project lies within the boundary of PLDA "B" and, 11 WHEREAS, pursuant to Drainage Fee Ordinance, the District is eligible to be reimbursed for the cost to construct PLDA "B" improvements; and WHEREAS, pursuant to Drainage Fee Ordinance, the amount of reimbursement 13 available for grant to Developer for PLDA "B" improvements is limited to the cost of PLDA "B" 14 improvements as estimated in the City's Drainage Master Plan plus the annual fee adjustments; 15 and, 16 WHEREAS, the developer and the City desire to enter into a reimbursement agreement 17 in satisfaction of the provisions of Drainage Fee Ordinance with regard to construction of PLDA „ 0 improvements; and,no WHEREAS, at this time, there has been submitted to the City Council for review and 19 approval, a reimbursement agreement ("Reimbursement Agreement") setting forth certain terms 20 and conditions, as well as estimated costs for work to be installed and reimbursed pursuant to the 91 reimbursement agreement. 22 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 23 California, as follows: 24 1. That the above recitations are true and correct. 2. That the Mayor is authorized to execute the Reimbursement Agreement.25 3. That the Finance Director is authorized to appropriate $511,979, which 26 represents the City's maximum potential share of construction costs, to Project No. 6610-1 (BCC 27 Drainage Facility). 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 12th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall and Blackburn. NOES: None. ABSENT: Council Member Packard. ATTEST: