HomeMy WebLinkAbout1987-05-05; City Council; Resolution 90511. 1
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RESOLUTIOhl NO. 9051
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CONFIRMING
"REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND CONFIRMING
AND LEVYING ASSESSMENTS IN CHAPTER 27
PROCEEDINGS UNDER THE "IMPROVEMENT ACT
OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CARCSBAD,
CALIFORNIA, pursuant to the provisions of Chapter 27, being
Article 2 of Part 3 of Division 7 of the Streets and Highways
Code of the State of California (the "Improvement Act of 1911"),
has authorized that certain works of improvement shall be
constructed and installed in front of certain privately owned
properties in what is known and designated as ASSESSMENT DISTRICT
NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the ItAssess-
ment District"); and,
WHEREAS, said construction has been completed pursuant to
proceedings under Chapter 27 of the "Improvement Act of 1911";
and,
WHEREAS, the Superintendent of Streets has caused notice of
the cost of construction to be given in the form and manner speci-
fied by law, said notice specifying the day, hour and place for
hearing and passing upon the "Report" of the Superintendent of
Streets; and,
WHEREAS, all property owners and other interested persons
present at said hearing having been heard, and all objections and
protests, if any, having been considered; and,
WHEREAS, the "Report", as now submitted, shall stand as the
"Report" for all future proceedings of this Assessment District;
and,
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WHEREAS, it is desired to confirm the "Report" of the Super-
intendent of Streets, and confirm and levy such costs of construc-
tion as assessments against the parcels of property fronting upon
the improvements, as provided by law.
NOW, THEREFORE, IT IS HEREBY RESOI-VED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That all proceedings heretofore conducted
pursuant to Chapter 27 of the "Improvement Act of 1911" for the
construction of certain improvements in the Assessment District
have been conducted in the form and manner required by law, and
are herewith confirmed and approved.
SECTION 3. That the "Report" of the Superintendent of
Streets, as now submitted, is herewith approved and confirmed.
SECTION 4. That the cost of construction is confirmed and
assessed against the parcels of property fronting upon the
improvements so constructed, including a proportionate share of
the cost of improvements constructed in a place other than in
front of a parcel of property which are required for the proper
functioning of the improvements in front of the parcels, all as
set forth in the "Report" of the Superintendent of Streets, which
"Report" is referred to and incorporated herein by reference as
though fully set forth.
SECTION 5. That all such costs so assessed, if not paid,
shall constitute a special assessment against the respective
parcels of property involved, and shall be a lien on the property
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for the amount thereof from the time of recordation of the notice
of lien, which lien shall continue until the assessment and all
interest thereon is paid, or until it is discharged of record.
SECTION 6. That the works of improvement are hereby
accepted and authorization is hereby given for recordation of a
Notice of Completion.
SECTION 7. That the Superintendent of Streets shall file in
the Office of the County Recorder a Notice of Lien in the form
and manner required or permitted by law.
SECTION 8. That serial bonds shall be issued to represent
each unpaid assessment of One Hundred Fifty Dollars ($150.00) or
more. The term of the bonds shall be NINE (9) YEARS from the
second day of January next succeeding the next September 1st
following their date, and at the expiration of said time, the
whole principal sum then unpaid shall be due and payable.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at its regular meeting held on the 5th day of
May , 1987, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
(SEAL 1