1993-007 Assessment District and Issuance of Bonds.dTFAC/./'A, G'i IT F
RESOLUTION 93- 07
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ENCINITAS, CALIFORNIA,
DECLARING INTENTION AND COVERING
PRELIMINARY DETERMINATION TO ORDER THE
INSTALLATION OF CERTAIN IMPROVEMENTS IN A PROPQS~D
ASSESSMENT DISTRICT; ORDERING THE PREPARATION
OF A REPORT DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES THEREOF;
AND PROVIDING FOR THE ISSUANCE OF BONDS
THE CITY COUNCIL OF THE CITY OF ENCINITAS, CALIFORNIA, DOES HEREBY
RESOLVE 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 1913"), to order the installation of certain public
improvements, together with appurtenances and appurtenant work, in a
special assessment district known and designated as ASSESSMENT DISTRICT NO.
92-01 (SEEMAN DRIVE SEWERS) (hereinafter referred to as the "Assessment
District").
DESCRIPTION OF IMPROVEMENTS
A. The installation and financing of certain public
improvements generally described as the construction of sewer improvements
including mains, manholes, laterals, cleanouts, connections to existing
facilities, and all work incidental thereto including removal and replace-
ment of pavement, excavation, shoring, traffic control, acquisition of ease-
ments and rights of entry, meeting the requirements of permits and environ-
mental proceedings, appurtenances and appurtenant work, all of which work
shall specifically benefit the parcels within the Assessment District.
B. Said streets, rights-of-way and easements shall be
shown upon the plans herein referred to and to be filed with these
proceedings.
C. Ail of said work and improvements are to be installed
at the places and in the particular locations, of the forms, sizes,
dimensions and materials, and at the lines, grades and elevations as shown
and delineated upon the plans, profiles and specifications to be made
therefor, as hereinafter provided.
D. The description of the improvements and the termini of
the work contained in this Resolution are general in nature. All items of
work do not necessarily extend for the full length of the description
thereof. The plans and profiles of the work as contained in the Engineer's
"Report" shall be controlling as to the correct and detailed description
thereof.
E. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way, the
intersections of the public Ways referred to are included to the extent
that work shall be shown on the plans to be done therein.
F. Notice is hereby given of the fact that in many cases
said work and improvement will bring the finished work to a grade different
from that formerly existing, and that to said extent, said grades are
hereby changed and said work will be done to said changed grades.
DESCRIPTION 'OF ASSESSMENT DISTRICT
SECTION 2. That said improvements and work are of direct bene(it to
the properties and land within the Assessment District, and this legisla-
tive body hereby makes the expenses of said work and. improvement chargeable
upon a district, which said Assessment District is hereby declared to be
the Assessment District benefited by said work and improvements and to be
assessed to pay the costs and expenses thereof, including incidental
expenses and costs and which is described as follows:
All that certain territory in the District included within
the exterior boundary lines shown on the plat exhibiting the property
benefited and to be assessed to pay the costs and expenses of said work and
improvements in the Assessment District, said map titled and identified as
"PROPOSED BOUNDARIES OF ASSESSMENT DISTRICT NO. 92-01 (SEEMAN DRIVE
SEWERS)", and which map was heretofore approved and which said map is on
file with the transcript of these proceedings, EXCEPTING therefrom the area
shown within the area of all public streets, easements or public rights-of-
way therein contained belonging to the public. For all particulars as to
the boundaries of the Assessment District, reference is hereby made to said
previously approved boundary map.
improvement,
therewith;
REPORT OF ENGINEER
SECTION 3. That this proposed improvement is hereby referred to the
ASSESSMENT ENGINEER, who is hereby directed to make and file the report in
writing containing the following:
A. Plans and specifications of the proposed improvements;
B. An estimate of the cost of the proposed works of
including the cost of the incidental expenses in connection
C. A d~agram showing the Assessment District above
referred to, which shall also show the boundaries and dimensions of the
respective subdivisions of land within said Assessment District, as the
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same existed at the time of the passage of the Resolution of Intention,
each of which subdivisions shall be given a separate number upon said
Diagram;
D. A proposed assessment of the total amount of the
assessable costs and expenses of the proposed improvement upon the several
divisions of land in proportion to the estimated benefits to be received'by
such subdivisions, respectively, from said improvement. Said assessment
shall refer "to such subdivisions upon said diagram by the respective
numbers thereof;
E. The description of the works of improvement to be
constructed under these proceedings, and acquisition, where necessary.
F. The total amount, as near as may be determined, of the
principal sum of any unpaid special assessments previously levied or
pending, other than those contemplated in these proceedings.
G. The true value of the parcels of land and improvements
which are proposed to be assessed. Said true value may be estimated as the
full cash value of the parcels as shown upon the last equalized assessment
roll of the County.
When any portion or percentage of the cost and expenses 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 said work and improvements, and said
assessment shall include only the remainder of the estimated costs and
expenses. Said assessment shall refer to said subdivisions by their
respective numbers as assigned pursuant to Subsection D. of this Section.
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BONDS
SECTION 4. Notice is hereby given that bonds to represent the unpaid
assessments, and bear interest at the rate of not to exceed the current
legal maximum rate of 12% per annum, will be issued hereunder in the manner
provided in the "Improvement Bond Act of 1915", being Division 10 of the
Streets and Highways Code of the State Of California, which bonds shall
mature a maximum of and not to exceed FOURTEEN (14) YEARS from the second
day of September next succeeding twelve (12) months from their date. The
provisions of Part ll.1 of said Act, providing an alternative procedure for
the advance payment of assessments and the 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.
Pursuant to the provisions of the Streets and Highways
Code of the State of California, specifically S~ction 10603, the Treasurer
is hereby designated as the officer to collect and receive the assessments
during the cash collection period. Said bonds further shall be serviced by
the Treasurer or designated Paying Agent.
Refunding
Any bonds issued pursuant to these proceedings and
Division (a) may be refunded, (b) the interest rate on said bonds shall not
exceed the maximum interest rate as authorized for these proceedings, and
the number of years to maturity shall not exceed the maximum number as
authorized for these bonds unless a public hearing is expressly held as
authorized pursuant to said Division 11.5, and (c) any adjustments in
assessments resulting from any refundings will be done on a pro-rata basis.
Any authorized refunding shall be pursuant to the above
conditions, and pursuant to the provisions and restrictions of Division
11.5 of the Streets and Highways Code of the State of California,
commencing with Section 9500, and all further conditions shall be set forth
in the Bond Indenture to be approved prior to any issuance of bonds.
"MUNICIPAL IMPROVEMENT ACT OF 1913"
SECTION 5. That except as herein otherwise provided for the issuance
of bonds, all of said improvements shall be made and ordered pursuant to
the provisions of the "Municipal Improvement Act of 1913", being Division
12 of the Streets and Highways Code of the State of California.
SURPLUS FUNDS
SECTION 6. That if any excess shall be realized from the assessment,
it shall be used, in such amounts as the legislative body may determine, in
accordance with the provisions of law for one or more of the foll6wing
purposes:
A. Transfer to the general fund; provided that the amount
of any such transfer shall not exceed the lesser of One Thousand Dollars
($1,000.00) or five percent (5%) of the total from the Improvement Fund;
B. As a credit upon the assessment and any supplemental
assessment;
C. For the maintenance of the improvement; or
D. To call bonds.
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PRIVATE CONTRACT
SECTION 8. Notice is hereby given that the public interest will not
be served by allowing the property owners to take the contract for the
construction of the improvements, and that, as authorized by law, no notice
of award of contract shall be published.
GRADES
SECTION 9. That 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 on the plans and specifications,
to which reference is made for a description of the grade 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.
SECTION 10. For
proceedings, including information relating to protest procedure,
PROCEEDINGS INQUIRIES
any and all information relating to these
your
attention is directed to the person designated below~
LLOYD HOLT, SENIOR ENGINEER
CITY OF ENCINITAS
505 SOUTH VULCAN
ENCINITAS, CA 92024
TELEPHONE: (619) 633-2770
PUBLIC PROPERTY
Ail public property in the use and performance of a
SECTION 11.
public function shall be omitted from assessment in these proceedings
unless expressly provided and listed herein.
ACQUISITION
SECTION 12. That 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 Engineer's "Report", upon adoption, shall set
forth a general description of the location and extent of easements and/or
land necessary to be acquired.
NO CITY LIABILITY
SECTION 13. 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 Section 8769(b) of the Streets and
Highways Code of the State of California, and said determination shall
further be set forth in the text of the bonds issued pursuant to the
"Improvement Bond Act of 1915".
DIVISION 4 PROCEEDINGS
SECTION 15. It is the intention of this legislative body to fully
comply with the proceedings and provisions of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931", being Division
4 of the Streets and Highways Code of the State of California. A combined
Report, as authorized by Section 2961, will be on file with the transcript
of these proceedings and open for public inspection.
WORK ON PRIVATE PROPERTY
SECTION 16. It is hereby further determined to be in the best public
interest and convenience and more economical to do certain work on private
property to eliminate any disparity in level or'size between the
improvements and the private property. The actual cost of such work is to
be added to the assessment on the lot on which the work is done, and no
work of this nature is to be performed until the written consent of the
property owner is first obtained.
ANNUAL ADMINISTRATIVE ASSESSMENT
SECTION 17. It is hereby declared that this legislative body proposes
to levy an annual assessment pursuant to Section 10204 of the Streets and
Highways Code of the State of California, said annual assessment to pay
costs incurred by the City and not otherwise reimbursed which result from
the administration and collection of assessments or from the administration
or registration of any associated bonds and reserve of other related funds.
UTILITY IMPROVEMENTS
SECTION 18. This legislative body further proposes to enter into an
Agreement with the Encinitas Sanitary District, said Agreement setting
forth certain terms and conditions relating to the bidding and award of
certain construction contracts, as well as the ownership, management and
control of 'certain utility improvements. A copy of said Agreement shall
be, upon approval, on file in the Office of the City Clerk.
PASSED AND ADOPTED this 20th day of January , 1993, by the following
vote, to wit:
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_._~s. se _
AYES:
NAYS: None
ABSENT: None
ABSTAIN: None
E. Jan~Pool,· City, Clerk
Bond, Davis, ~uVivier, Hano, Wiegand
//O~n %~vis,~Miyo= of the
City of Encinitas
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