HomeMy WebLinkAbout1986-03-25; City Council; Resolution 84631 c
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RESOLUTION NO. 8463
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION
OF SAID IMPROVEMENT
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 improve-
ments in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE)
(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.
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 construc-
tion and installation of certain public improvements, as follows:
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Construction of approximately 934 lineal feet of curb,
gutter and sidewalk (5 foot wide), installation of concrete
driveways, instal lat-ion of approximately 6 street lights,
construction of an asphalt concrete roadway approximately 930
feet in length of varying width necessary to widen the roadway
from the existing edge of pavement to the new curb and gutter
located 24 feet east of the existing centerline for Park Drive,
and related appurtenances, including but not limited to, traffic
striping and adjustment of existing utilities to new grade, and
the installation of a masonry retaining wall approximately 15,000
square feet in size.
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 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 on file in the Office of the Engineer.
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
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properties benefiting by the work and improvements. For a
general description of the Assessment District and area of
benefit, reference is made to a map of said District hereto
approved and, said map identified by the name of number of this
Assessment District, and said map shall be kept on file with the
transcript of these proceedings and open to public inspection.
RESPONSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section 5875 of
Chapter 27 of the "Improvement Act of 1911", it is hereby
declared to be the responsibility of the owner of the lots or
portions of lots fronting on the public street where this legis-
lative body, pursuant to said Section, by its own motion, orders
the installation of the improvements, and the property owners
shall have the duty and responsibility of constructing or causing
the construction of said improvements in front of their proper-
ties within sixty (60) days upon notice so to do by the Superin-
tendent of Streets. I[f the work is not performed by the property
owners within said period, the Superintendent of Streets shall
proceed to cause said work to be completed.
IMPROVEMENT ACT
SECTION 6. That all of the work and improvements herein
proposed shall be done and carried through and financed 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 all particulars, reference is made to said
"Act", and the provisions contained therein.
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PUBLIC HEARING
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.
BONDS
SECTION 8. If the work is done by the City, and if the
assessment 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 repre-
sent each assessment of One Hundred Fifty Dollars ($150.00) or
more remaining unpaid for thirty (30) days after the date of
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
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work is to be constructed and directing them to construct or
cause to 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 assess-
ment 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
ngs is as and incidental expenses as proposed under these proceed
follows:
ESTIMATED CONSTRUCTION COSTS: $130,3OO .OO ESTIMATED INCIDENTAL EXPENSES: $ 55,175.00 TOTAL ESTIMATED COST: $185,475.00
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PROCEEDINGS INQUIRIES
SECTION 11. For any and all information relating to these
proceedings, including information re1 ating to the protest
procedure, your attention is directed to the person designated
bel ow:
JEFF IBUNNELL, PROJECT MANAGER ENGINEERING DEPARTMENT
CITY OF CARLSBAD
1200 ELM AVENUE
CARLSBAD, CA 92008
TELEPHONE: (619) 438-5692
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
NOES: None
Pettine
ABSENT : None d,QA
MARY H. YSLER, Mayor
ATTEST:
(SEAL)