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HomeMy WebLinkAbout1980-05-06; City Council; Resolution 6177e RESOLUTION NO. 61~77. ElESOLUTION: OF THE CITY COUNCIL CONFIREIING THE ASSESSNENT , ORDERING THE IMPROVEMENTS MADE . TOGETHER WITH APPURTENANCES, AND APPROVING THE ENGINEER'S REPORT, WEREAS, this City Council did, on the 1ST' day of improvement, together with appurtenances and appurtenant work, including acquisition, where appropriate, in a special assess- ment district known and designated as APRIL, 1980 , adopt its Resolution of Intention No. 6130 for the construction of certain public works of ASSESSYXENT DISTRICT NO. 79-1 (hereinafter referred to as the "Assessment District"); and, WXEREAS, pursuant to said Resolution of Intention, a "Report". as therein provided, was presented, considered, and approved by this Council; and, WHEREAS, said "Report" as preliminarily approved contained all the matters and items called for by law and as pursuant to the provi- sions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Eighways Code of the State of California, in- cluding the following: 1. Plans and specifications of the 2. Estimate of Cost; 3. Diagram of Assessment District; 4. An Assessment according to Benefits; 5. A Description of the Works of Improvement; proposed improvements; and, WHEREAS, this City Council has heard and considered all protests and a full hearing having been given all in the manner provided by lax; arid, KHEREAS, notices of said hearing were duly and regularly posted, mailed and published in the time, form and manner required by law and as evidenced by affidavits on file in the Office of the City Clerk; and, TQHEREAS, the owners of one-half (1/2) of the area assessed for the cost of the project did not file written protests against the said proposed improvements and acquisition, where appropriate, and said City Council did, after providing a full hearing, overrule and deny all protests and objections; and, WHEREAS, said City Council is now satisfied with the assessment and all matters contained in the "Report", as now submitted, NOW 8 THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAEU;SBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct, SECTION 2, That the "Report", consisting of the assessment and diagram for the improvements, together with appur- tenances and appurtenant work in connection therewith, including acquisition, where appropriate, is hereby confirmed, That the public interest and convenience require the proposed improvement to be made and therefore said City Council hereby orders the work to be done and improvements to be made together with appurtenances and appurtenant work in connection therewith, in- cluding acquisition, where appropriate, in said Assessment District, as set forth in Resolution of Intention No, 6130 . adopted on the 1ST day of APRIL, 1980 as set forth in the "Report" presented and considered by this City Council, and as now submitted. SECTIOS 3. That the Engineer's "Report", including the estimate of the itemized and total costs and expenses of said acquisition, where appropriate, and improvements, in- cluding incidental expenses in connection therewith, be and it is hereby finally adopted and so approved, SECTION 4, That the City Treasurer of this City is hereby autho- rized and directed to establish a special fund account to be known and designated as 'I IMPROVEMENT FUXD FOR ASSESSPENT DISTRICT NO. 79-1 into which shall be paid all payments to be received upon said assessment, and the proceeds of the sale of securities to be issued representinq unpaid assessments- That the assessment contained in said "Report" is here- by levied upon the respective subdivisions of land in the Assessment District as set forth in said "Report", That the City Clerk shall forthwith deliver to the Superintendent of Streets the said assessment, tocjether with the diagram attached thereto and made a part there- of, as confirmed by this City Council with his certifi- cate of such confirmation thereto attached and the date thereof; and that said Superintendent of Streets shall then immediately record said diagram and assessment in his office in a suitable book to be kept for that pur- pose and attach thereto his certificate of the date of such recording, SECTION 5. SECTION 6. -2- 0 0 SECTION 7. That said Superintendent of Streets, upon the recording of said diagrain and assessment, shall mail to each owner . of real property within the Assessment District at his last: known address, as the same appears on the tax rolls. of the City or on file in the Office of the City Clerk of said City, or to both addresses if said address is not the same, or to the General Delivery when no address so appears, a statement containing a designation by street number or other description of the property assessed sufficient to enable the owner to identify the same,-the amount of the assessment, the time and place of payment thereof, the effect of failure to pay within such time, . and a statement of the fact that bonds will be issued on all unpaid assessments pursuant to the applicable provision of law and the Resolution of Intention, ' SECTION 8. That said Superintendent of Streets shall also give notice by publishing a copy of a notice of recording of assessment in the CARLSBAD JOURNAL a newspaper published in said City in the manner and form as provided by law, giving notice that said assess- ment has been recorded in his Office, and that all sums assessed thereon are due and payable immediately, and that the payment of said sums is to be made within thirty (30) days after the date of recording the assess- ment, which date shall be so stated in said notice, and of the fact that securities will be issued upon unpaid assessments. SECTION 9. That the City Clerk, immediately upon recordation of the assessment roll and diagram, shall. file a certified copy of the assessment diagram in the Office of the County Recorder. Immediately thereafter, said City Clerk further shall record a copy of the notice of assessment in the Office of said County Recorder in the manner and form as set forth by law and specifically Section 3114 of the Streets and Highways Code of the State of California. The assessments do not become a lien upon the individual and particular parcels within the boundaries of the Assessment District until. said notice of assessment has been so recorded, APPROVED and ADOPTED this 6th day of May, 1980 CITY OF CARLSBAD STATZ OF CALIFORNIA ATTEST : CITY OF' CARLSBAD STATE OF CALIFORNIA , -3- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ss, CITY OF CARLSBAD 1 I, ALETHA L, RaUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 6177 ! was duly passed, approved, and - . adopted by said City Council, approved and signed by the Mayor, and attested by the City.Clerk, a11 at a regular meeting of said City Council, held on the , 1980, and that the same was passed and adopt- ed by the following vote, to-wit: 6th day of May AYES : NOES : COUNCILNEN: Packard, Lewis, Anear, COUNCILMEN : None Councilwomen Cas1 er and Kul chin ABSENT: COUNCIL-^" None Executed this 7th day of Flay , 19 - 80, at CARLSBAD, California- V CITY OF CARLSBAD STATE OF CALIFORNIA