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Home My WebLink About1986-03-25; City Council; Resolution 8460#- * .? i 1 2 3 4 5 6 7 8 9 10 11 1% 13 14 15 16 17 18 19 20 21 22 22 24 25 2E 27 2E 0 0 RESOLUTION NO. 8460 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS TENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT MITHIN A BLOCK, AND INSTRUCTING THE SUPERIN- WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being Division 7 of the Streets and Highways Code of the State of California, for the construction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the ''Assessment District); and, WHEREAS, Sections 5875 and 5876 of said Streets and Highways Code authorize the legislative body, upon its own motion, to order the installation of authorized improvements in front of properties with the costs thereon to be assessed as set forth under the provisions of said Chapter 27; and, WHEREAS, a petition has been signed and filed by property owners of more than 60% of the front footage of the block, requesting the installation of the proposed improvements. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DESCRIPTION OF IMPROVEMENT SECTION 2. That the public interest and convenience requires, and this legislative body hereby orders the installation 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 28 1f of the following public improvement work: Constructing approximately 630 line et of new 36 foot wide (curb to curb) street, including necessary grading, asphalt pavement and base, and Portland cement concrete curb and gutter, the installation of street lights, the installation of approxi- mately 570 lineal feet of 6 inch water main and appurtenances, including but not limited to, one fire hydrant, water services and necessary valves, the installation of approximately 430 lineal feet of 6 and 8 inch sewer main and appurtenances, including but not limited to, sewer laterals, access holes and cleanouts. PLANS SECTION 3. All of the above mentioned works of improvement shall be generally constructed at the grades, alonq the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and name of the Assessment District, which said plans are hereby approved and adopted. For all particulars as to the alignment of the work and a full and detailed description, reference is hereby made to said plans and specifications as on file in the Office of the Superin- tendent of Streets. AREA OF_ BENEFIT SECTION 4. That the works of improvement, in the opinion of this legislative body, will benefit the abutting and fronting properties within said block, and this legislative body hereby makes the expenses of said improvement chargeable upon the property or properties within the boundaries of the Assessment District, which District is declared to be the area and abutting I e' 1 2 3 4 fi " E r I t : 1( 1: 1; 1: 1. 1 1 1 1 1 2 2 2 2 c c I c 1 I P operties benefiting by the work and improvements. For a general scription of the Assessment District and area of benefit, ference is made to a map of said District hereto approved and, id map identified by the name of number of this Assessment strict, and said map shall be kept on file with the transcript these proceedings and open to public inspection. RESPONSIBILITY OF PROPERTY OWNER SECTION 5. PQrsuant to the provisions of Section 5875 of apter 27 of the "Improvement Act of 1911", it is hereby declared I be the responsibility of the owner of the lots or portions of Its fronting on the public street where this legislative body, ,ts fronting on the public street where this legislative body, Irsuant to said Section, by its own motion, orders the installa- ion of the improvements, and the property owners shall have the ity and responsibility of constructing or causing the construc- ion of said improvements in front of their properties within ixty (60) days upon notice so to do by the Superintendent of :reets. If the work is not performed by the property owners ithin said period, the Superintendent of Streets shall proceed to iuse said work to be completed. IMPROVEMENT ACT IP -- SECTION 6. That all of the work and improvements herein PoDosed shall be done and carried through and financed pursuant 3 the provisions of Chapter 27 of the "Improvement Act of 1911", eing Division 7 of the Streets and Highways Code of the State of alifornia. For all particulars, reference is made to said "Act", SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 22ND DAY OF APRIL, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. BONIJS SECTION 8. If the work is done by the City, and if the assesment cost is not paid upon confirmation of the assessment, serial bonds shall be issued in accordance with Division 7 of the Streets and Highways Code ("Improvement Act of 1911") to represent each assessment of One Hundred Fifty Dollars ($150.00) or more remaining unpaid for thirty (30) days after the date of the 9 recordation of the diagram and assessment for this improvement. The serial bonds shall extend over a period not to exceed NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date. The interest rate on said bonds shall not exceed the current legal maximum rate of 12% per annum. The redemption provision of said bonds shall further provide a premium of 5% of the unmatured principal if said bonds are redeemed prior to maturity. NOTICE - SECTION 9. The Superintendent of Streets is hereby directed to notify the owner or person in possession of the properties fronting on that portion of the street in the block where the work is to be constructed and directing them to construct or cause to . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 be constructed the improvements within sixty (60) days after notice is given, and to diligently and without interruption prosecute to completion said work. A. Notice shall be given by delivering a written notice personally to the owner or to the person in possession of the property fronting the improvements, OR by mailing a postal card, postage prepaid, to the person at his last known address as the same appears on the last equalized assessment roll used by the City for tax collection, or to 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 City Clerk 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 hearing. COST ESTIMATE SECTION 10. The estimated cost of the works of improvement, including incidental expenses, without acquisition, as proposed under these proceedings is as follows: ESTIMATED CONSTRUCTION COSTS: $207,900.00 ESTIMATED INCIDENTAL EXPENSES: $ 63,625.00 TOTAL ESTIMATED COST: $271,625.00 PROCEEDIVGS INQUIRIES SECTION 11. For any and all information relating to these proceedings, including information relating to the protest I f* ,> r I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 8 e procedure, your attention is directed to the person designated bel ow: RICHARD ALLEN ENGINEERING DEPARTMENT CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 25th day of March , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NOES: "-E ABSENT: None ATTEST: (SEAL)