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HomeMy WebLinkAbout1968-02-06; City Council; Resolution 1489RESOLUTION OF INTENTION NO, 1489 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO ORDFSI THE CONSTRUCTION OF CERTAIN IMPROVEMENTS TOGETHER WITH NECESSARY ACQUISITIONS AND APPURTENANT WORK IN ASSESSMENT DISTRICT NO, 3-1964 (JAMES DRIVE, ET AL) IN THE CITY OF CARLSBAD; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY BENEFIT AND DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND ACQUISITION AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF AND DETERMINING LIQUIDATED DAMAGES THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES RESOLVE AS FOLLOWS: SECTION 1. That the public interest, convenience and necessity require and it is the intention of this City Council, pursuant to the provisions of Division 12 of the Streets and Highways Code (Municipal Improvement Act of 1913) to order the construction of certain improvements together with necessary acquisitions and appurtenant work all in the City of Carlsbad, California, as follows, to wit: ACQUISITION The public interest, convenience and necessity require the acquisition of the following described property: 60 FOOT STREET EASEMENT JAMES DRIVE Commencing at a point approximately 150 feet westerly of Valley Street on the northerly line of Buena Vista Avenue, thence extending in a northwesterly direction to a point approximately 300 feet southerly of Forest Avenue; said easement (James Drive) lying approximately midway between Arland Drive, Highland Drive, and Wilson Street; including cul de sac at most northerly end and westerly cul de sac at a point southerly of midway point of James Drive; and -. 12 FOOT SEWER EASEMENT Commencing at a point on Forest Avenue approximately 150 feet southwesterly of Wilson Street? thence running southerly parallel with Wilson Street approximately 295 feet, thence extending perpendicular and connecting into James Drive northerly cul de sac1 and LO FOOT SEWR EASEMENT Beginning at a point in the northwesterly prolongation of Lot 3 of said Wilsonia Tract, distant thereon South 34"26' East 182.33 feet from the southeasterly line of Lot 5 of said Wilsonia Tract7 thence south 55O34$ West, 87.85 feet; thence south 28'25'45" west, 45.00 feet to the true point of beginning, thence continuing south 28O25'45" west, 99-06 feet; thence north 30°43t48" west, 223.09 feet7 and PUMP STATION PARCEL Adjacent to northerly intersection of Buena Vista Avenue and James Drive. DESCRIPTION OF WORK FIRST: The construction of certain sanitary sewer improvements together with appurtenances and appurtenant work in connection therewith in BUENA VISTA AVENUE Between Highland Drive and Wilson Street7 and in VALLEY STREET Between Buena Vista Avenue and a point approximately 700 feet southerly of Oak Avenue; and in OAK AVENUE Between Highland Drive and Canyon Street1 and in JAMES DRIVE -2 - Between Buena Vista Avenue and its most northerly cul de sac; and in 12 FOOT SEWER EASEMENT LO FOOT SEWER EASEMENT Above described under "ACQUISITION" SECONDr The construction of a sewage pump station together with appurtenances and appurtenant work in connection therewith at PUMP STATION PARCEL At northerly intersection of Buena Vista Avenue and James Drive, THIRD: The construction of certain grading, paving, curbs and gutters, sidewalks, driveways, drainage structures, water lines fire hydrants, street lights, underground power service, and underground telephone service, together with appurtenances and appurtenant work in connection therewith in JAMES DRIVE From Buena Vista Avenue to its most northerly cul de sac. For further particulars as to above proposed acquisition and proposed improvements, reference is hereby made to Plat designated "ASSESSMENT DISTRICT A,D, 3-1964 PLAT" hereto approved by the City Council and on file in the office of the City Clerk, SECTION 2. That the District to be benefited by said acquisition and improvement and to be assessed to pay the cost and expense thereof, and to be known as the Assessment District, shall be all that part of the City of Carlsbad, exclusive of streets and alleys having exterior boundaries as shown on a map of the District previously approved by the City Council of said City of Carlsbad, California, which map is designated as "PROPOSED BOUNDARIES OF 3-1964 ASSESSMENT DISTRICT" is on file in the office of the City Clerk of the City of Carlsbad, California, made to the map for a full and complete description of the Assessment Reference is hereby -3 - District and the map shall govern for a11 details as to the extent of the Assessment District. SECTION 3, That this proposed improvement and acquisition is hereby referred to TANNER, MARQUARDT, AND ASSOCIATES, INC,, duly appointed "Engineer of Work", and said Engineer of Work is hereby directed to make and file with said Clerk a report in writing containing the following: 1. Plans and specifications of the proposed improvement 2, An estimate of the cost of the proposed improvement, including the cost of acquiring the necessary rights-of-way, easements, and of the incidental expenses in connection therewith. 3. A diagram showing the assessment district above referred to, which shall also show the boundaries and dimensions of the respective subdivisions of land within said district, as the 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, 4, A proposed assessment of the total amount of the cost and expenses of the proposed acquisition and improvement upon the several divisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvement, Said assessment shall refer to such subdivisions upon said diagram by the respective numbers thereof. SECTION 4, That it is hereby determined and declared that serial bonds shall be issued in accordance with Division 7, Streets and Highways Code (Improvement Act of 1911), to represent each -A- .. . I assessment of Fifty Dollars ($50.00) or more, remaining unpaid for thirty (30) days after the date of the recording of the Diagram and Assessment for this acquisition and improvement, The serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following their date. The legislative body further elects to have the redemption provisions of said bonds provide a premium of five per cent (5%) of the unmatured principal. The principal sum shall become due and payable in equal annual payments on each October 15th succeeding the September 1st following the date of the bonds until fully paid, The first interest payment shall be payable on the April 15th next succeeding the March 1st or the October 15th next succeeding the September lst, as the case may be, next following the date of the bonds, The following interest payments shall each be for six months interest and shall be payable on each fifteenth day of April and October, the last interest payment coming due the October 15th immediately preceding the last annual payment of the principal of the bonds issued to represent the unpaid assessment, The bonds shall bear interest at a rate to be determined on the sale thereof provided, however, that said rate shall not exceed the maximum rate of six per cent (6%) per annum, Pursuant to the provisions of Streets and Highways Code Section 10603, the Treasurer of the City of Carlsbad, California, is hereby designated as the officer of said City to collect and receive the assessments, SECTION 5, That if the assessment for the acquisition and improvement results in a surplus in the Improvement Fund after the acquisition and improvement are completed the surplus shall be used for the maintenance of the improvement, pursuant to the provisions of Section 10427 (c) of the Streets and Highways Code. -5- SECTION 6, That the legislative body hereby determines that the public interest will not be served by allowing the property owners to take the contract, SECTION 7, Ih the event the work is not completed within the time limit specified in the contract or within such further time as may be extended, the City shall charge the contractor liquidated damages in the net amount of $50,00 for each day of delay until the work is completed, SECTION 8, Notice is hereby given that the City Council intends to enter into contracts for the supply and installation of underground power service and underground telephone service with the San Diego Gas and Electric Company and the Pacific Telephone and Telegraph Company, respectively, pursuant to Section 10110 of the Streets and Highways Code of the State of California, power and telephone improvements are under the ownership of the above mentioned respective public utilities and that the District to be assessed for said improvements is within the service area of said public utilities; that at the time and place fixed for the hearing on the Resolution of Intention, any and all persons having any objections to the City entering into contracts with the respective utility companies pursuant to Sections 10109 to 10111 of the Streets and Highways Code, may appear and show cause why said proceedings should not be carried out in accordance with said Code, That the underground SECTION 9, Attention is directed to the fact that the grades to be established may differ from the official grades heretofore established or may differ from the natural grades of the property to be improved. to the legislative body at the hearing on the Resolution of Intention, Any objections to said grades should be presented APPROVE@ and ADOPTED this 6th day of February , 1968. ATTEST : CALIFORNIA -6 - e 0 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, Margaret E. Adas I -# City Clerk of the City of CARLSBAD California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 1489 , was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 6th 19 68 the following vote, to wit: day of February - and that the same was passed and adopted by -a AYES: COUNCILMEN DUNNE AND JARDINE. W 0 R T H I M G , N E I S W E N D E R , <~ \ a ABSENT: COUNCILMEN NONE. (SEAL) CARPBAD