HomeMy WebLinkAbout1995-01-10; City Council; Resolution 95-8* I1 0 * EXHIBIT 3
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RESOLUTION NO. 95-8
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, APPROVING AN IMMEDIATEONE-TIMEREIMBURSEMENT
TO THE CARLTAS COMPANY FOR THE CONSTRUCTION OF MASTER
DRAINAGE PLAN FACILITY BAA IN THE AMOUNT OF $342,686.
WHEREAS, the Carltas Company, as a condition of approval for Carlsbad Tract i
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and Storm Water Quality Management Plan (Master Drainage Plan) as Planned Loca~ 7
complete the construction of an off-site drainage facility identified on the City’s Mastel
facility BAA located within Planned Local Drainage Area ’B’; and,
9 11 WHEREAS, the Carlsbad Municipal Code Section 15.08.080 provides that the Cii
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at its discretion, may enter into a reimbursement agreement with any developer
constructed a Planned Local Drainage (PLD) facility identified in the Master Drainage
WHEREAS, the Carltas Company has requested an immediate reimbursemen
incurred in the construction of PLD facility BAA; and,
WHEREAS, the Carltas Company has submitted detailed accounting records,
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City staff, which show that the total cost to construct PLD facility BAA was $578,767
(PLDA) fees resulting from the recent Master Drainage Plan update; and, 19
entered into agreements with the City to pay any increase in Planned Local Drai 18
WHEREAS, the Carltas Company, as a condition of approval for CT 87-03 anc
20 WHEREAS, the Carttas Company is obligated to pay the additional sum of $,
21 in PLDA fees to the City in satisfaction of said agreements; and,
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WHEREAS, the payment of the additional PLDA fees may, in accordanc
Drainage Ordinance, be credited against the cost to construct PLD facilities; and,
25 I WHEREAS, after application of credit there remains $342,686 in reimbursab
PLD facility BAA; and, 26
27 I1 WHEREAS, adequate funds are, or will be, available through the collection o
28 I1 to reimburse the developer for the full cost of the PLD facility BAA; and,
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WHEREAS, adequate funds currently exist within the PLDA account for Ar
reimburse the developer for the construction of PLD facility BAA and to finance all PL[
drainage improvements programmed in the City’s current and proposed five-yes
improvement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
California, as follows:
1. That the above recitations are true and correct.
2. That the Finance Director is hereby directed to make an immediate
reimbursement to the Carkas Company in the amount of $342,686 for the constructi
facility BAA from PLDA Area B account.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad Ci
1995
held on the m day of JANUARY , k994 by the following vote, to wit:
AYES: Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
NOES: None
ABSENT: None
ATTEST: &L%Z, City Clerk
KAREN R. KUNDTZ, Xsistant City Clerk (SEAL)
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