HomeMy WebLinkAbout1983-04-19; City Council; Resolution 71831
2
3
4
5
6
7
8
3
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
RESOLUTION NO. 7183
RESOLUTION OF THE CITY COUNCIL ORDERING THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS
TENDENT OF STREETS TO GIVE NOTICE AND ORDER
THE CONSTRUCTION OF SAID IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
'ALIFORNIA, is desirous to institute proceedings pursuant to the
~rovisions of Chapter 27 of the "Improvement Act of 1911", being
livision 7 of the Streets and Highways Code of the State of Cali-
ornia, for the construction of certain authorized improvements in
WITHIN A BLOCK, AND INSTRUCTING THE SUPERIN-
. special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-1
(MONROE STREET)
hereinafter referred to as the "Assessment District"); and,
WHEREAS, Sections 5875 and 5876 of said Streets and
ighways Code expressly authorizes the Superintendent of Streets
o notify property owners to construct or cause to be constructed
ublic works of improvement when said improvements have been
onstructed in front of properties constituting more than 50% of
he frontage in any block; and,
WHEREAS, Sections 5875 and 5876 of said Streets and
ighways Code authorize the legislative body, upon its own motion,
o order the installation of authorized improvements in front of
roperties, with the costs thereon to be assessed as set forth
nder the provisions of said Chapter 27.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
orrect.
4
5
6
7
3
9
5 0
SECTION 4. That the works of improvement, in the
)pinion of this City Council, will benefit the abutting and front-
ing property or properties within said block, and the expenses of
;aid improvement are hereby made chargeable upon the property or
iroperties within the boundaries of the Assessment District, which
listrict this City Council declares to be the area and abutting
iroperty or properties benefiting by the work and improvements.
-or a general description of the Assessment District and area of
ienefit, reference is made to a map of said District hereto
approved, said map identified by the name and number of this
Assessment District, and said map shall be kept on file with the
13
1-4
15
1.6
l'i
E
19
20
21
22
2:
24
2E
2(!
2'
2i
DESCRIPTION OF IMPROVEMENT
SECTION 2. That the public interest and convenience
requires, and this City Council hereby orders the installation of
the following public improvement work:
The construction of certain curbs, gutters,
sidewalks and paving on MONROE STREET (400 feet of work) commenc-
ing at a point approximately 180 feet Northerly of CHESTNUT.
PLANS
SECTION 3. All of the above-mentioned works of
improvement shall be generally constructed at the grades, along
the lines, between the points, and at the places and in the manner
3s shown on the plans for said work designated by the number and
lame of the Assessment District, which said plans are hereby app-
*oved and adopted. For all particulars as to the alignment of the
and det ai 1 ed description , reference is hereby made
and specifications on file in the Office of the
vork and a ful
LO said plans
ingineer.
1. lltranscript of these proceedings and open to public inspection. I/ RESPONSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section 5875
4Ilof Chapter 27 of the "Improvement Act of 1911", it is hereby
-'/declared to be the responsibility of the owner of the lots or por- a ;I
of lots fronting on the public street where this legislative
lbody, pursuant to said Section, by its own motion, orders the
iinstallation of the improvement, and the property owners shall
/have the duty and responsibility of constructing or causing the
construction of said improvements in front of their properties I
~l!bithin sixty (60) days upon notice so to do by the Superintendent
I f Streets. If the work is not performed by the property owners
13 /hithin said period, the Superintendent of Streets shall proceed to
14:, lc ause said work to be completed.
'I I/
12 ii"
~i
15
16
17
18
19
20
21
22
23
24
25
26
21
28
i IMPROVEMENT ACT
SECTION 6. That all of the work and improvements here-
in proposed shall be done and carried through and financed pursu-
nt to the provisions of Chapter 27 of the "Improvement Act of
il911", being Division 7 of the Streets and Highways Code of the
btate of California. For all particulars, reference is made to
laid IIActl' and the provisions contained therein.
I i
P I
PUBLIC HEARING
I SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE
TH DAY OF JUNE, 1983, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE
' EGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL
HAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
I
HE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED
I
i
1
'E
3
4
c 3
8
?
8
9
1 0
11
42
13
14
15
16
17
18
19
20
21
22
23
24
25
26
2'1
28
HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE
IONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
ASSESSMENT COLLECTION
SECTION 8. If the work is done by the City, and if the
2ssessment cost is not paid upon confirmation of the assessment,
;he Street Superintendent shall cause a certain amount of the
3ssessment to be added to the next regular bill for taxes levied
igainst the lot or parcel of land. It is hereby further deter-
nined that the payment of such assessments may be made in annual
installments, not to exceed TEN (lo), and that the payment of
xssessments so deferred shall bear interest on the unpaid balance
it the rate of SEVEN percent (7%) per annum. Said interest shall
legin to run on the 31st day after the confirmation of the assess-
lent. All laws applicable to the levy, collection and enforcement
)f City and County taxes are hereby made applicable to the above-
.eferenced special assessment tax. The obligation shall continue
inti1 all assessments have been made and discharged of record.
NOTICE
SECTION 9. The Superintendent of Streets is hereby
lirected to notify the owner or person in possession of the pro-
)erties fronting on that portion of the street in the block where
.he work is to be constructed and directing them to construct or
:ause to be constructed the improvements within sixty (60) days
Lfter notice is given, and to diligently and without interruption
irosecute to completion said work.
A. Notice shall be given by delivering a
vritten notice personally to the owner or to the person in posses-
;ion of the property fronting the improvements, OR by mailing a
.I*
1
2
3
4
5
6
a
3
9
10
I1
12
13
14
1 .F;
16
17
18
19
20
21
22
23
24
25
26
21
28
postal card, postage prepaid, to the person at his last known
address as the same appears on the last equalized assessment roll
used for tax collection, or the name and address of the person
owning such property as shown in the records of the City Clerk.
B. The Superintendent of Streets shall
also immediately cause a copy of said notice, printed on a card
not less than eight (8) inches by ten (10) inches in size, to be
posted in a conspicuous place on the property.
C. The Superintendent of Streets shall
cause a copy of the proposed boundary map to be filed in the
Office of the County Recorder within fifteen (15) days after the
adoption of this Resolution setting a time and place for public
year i ng .
COST ESTIMATE
SECTION 10. The estimated cost of the works of
improvement as proposed udner these proceedings shall be as
Follows:
ESTIMATED CONSTRUCTION & CONTMGENCIES: $ 11,930.00
ESTIMATED INCIDENTAL EXPENSES: $ 2,700.00
TOTAL ESTIMATED COST 81 ASSESSMENT: $ 14,630.00
APPROVED and ADOPTED this 19th day of April Y
1983. &-
MAYOR ,I CITY OF ~‘ARLSBAD STATE OF CALIFORNIA
/I 3TTEST:
r :ITY OF CARLSBAD 5TATE OF CALIFORNIA
25
26
27
28
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being
Resolution No. 7183 was duly passed, approved and adopted by the
City Council, approved and signed by the Mayor, and attested by
the City Clerk, all at the regular meeting of said City Council
ield on the 19th day of April, 1983, and that the same was passed
md adopted by the following vote:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
NOES: None
ABSENT: None
ABSTA1N:None
Prescot
IXECUTED this 20th day of April, 1983, at Carlsbad, California.
'
CITY OF CARLSBAD
STATE OF CALIFORNIA
SEAL)