HomeMy WebLinkAbout1988-04-12; City Council; Resolution 88-112- .c ' ll 0 0
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RESOLUTION NO. 88-112
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD CALIFORNIA, CONFIRMING "REPORT"
OF THE SUPERINTENDENT OF STREETS ON COST OF
CONSTRUCTION, AND LEVYING ASSESSMENTS IN
CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT
ACT OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CAP
CALIFORNIA, pursuant to the provisions of Chapter 27,
Article 2 of Part 3 of Division 7 of the Streets and Hi
Code of the State of California (the "Improvement Act of 3
has authorized that certain works of improvement shz
constructed and installed in front of certain privately
properties in what is known and designated as ASSESSMENT Dl
NO. 86-3 (CYNTHIA LANE) (hereinafter referred to as the ',I
ment District"); and,
WHEREAS, at this time all construction of the wo
improvement has been completed pursuant to proceedings
Chapter 27 of the "Improvement Act of 1911", and notice
final cost of construction, together with the date, ti
place for public hearing, has been given in the manner an
as authorized by law; and,
WHEREAS, all property owners and/or other interested 5
have had an opportunity to be heard and present testimony
relates to the method of the construction and/or the mann
apportionment of the final spread of the assessments; and,
WHEREAS, this legislative body is now satisfied wi
final "Report" of the Engineer as submitted, and is rea
desirous to proceed to approve said "Report" and confi
assessments.
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2 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
3 II SECTION 1. That the above recitals are all tri
4 correct.
5 SECTION 2. That all protests and objections of any k
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received are hereby overruled and denied.
SECTION 3. That all proceedings heretofore con
pursuant to Chapter 27 of the "Improvement Act of 1911" f
construction of certain improvements in the Assessment D:
have been conducted in the form and manner required by la
11 II are herewith confirmed and approved.
12 I/ SECTION 4. That the "Report" of the Engineer, as rc
13 I/ corrected or modified, is herewith approved and confirmed.
14 II SECTION 5. That the cost of construction of the wc
15 11 improvement, including all incidental costs and financing
I-f3 I/ is hereby confirmed and assessed against the parcels of PI
17 II benefited and fronting upon the improvements so construct6
I-8 I/ as set forth in the "Report" of the Engineer, as submittc
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said "Report" as submitted, is hereby incorporated her
reference as though fully set forth.
21 II SECTION 6. That all such costs so assessed, if not
22 shall constitute a special assessment against the res]
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parcels of property involved from the recordation of NO?
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LIEN AND ASSESSMENT, which lien shall continue until the q
ments and all interest thereon have been paid and t
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discharged.
SECTION 7. That as previously authorized, serial
28 shall be issued in accordance with Division 7 of the Strec
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2 Highways Code of the State of California ("Improvement
3 II 1911") to represent each assessment of $150.00 or more ren
4 II unpaid for thirty (30) days after the date of the confirmat
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the "Report" of the Engineer. The serial bonds shall exter
a period of not to exceed FOURTEEN (14) YEARS from the 2nd
January next succeeding the next September 1st after their d
SECTION 8. That this legislative body further elel
provide that said bonds, upon redemption, shall provide a F
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of five percent (5%) on the unmatured principal, anc
language shall be added to the redemption clause in the bon
to require the property owner to pay said premium in or
discharge the obligation of the lien. This legislativ'
further elects and declares that the first two percen
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collected as a delinquency shall be retained as a cos
servicing the delinquency, and the bond shall so delcarc
said penalty shall be retained by the Treasurer.
SECTION 9. That immediately upon the conclusion (
public hearing and the confirmation of the "Report", thc
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Clerk shall cause the following notice requirements to be m
accomplished:
A. Mail to each owner of real property
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the Assessment District a NOTICE OF ASSESSMENT containing a I
nation and description of the property, the amount of the a
ment, the time and place of payment thereof, and a statemen.
26 II if assessments are not discharged, bonds shall be issued pu
27 I1 to the provisions of the "Improvement Act of 1911" to rep
28 unpaid assessments.
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B. Publish in the designated newspaper a
3 II OF ASSESSMENT, said publication being once a week for t\
4 /I successive weeks; said NOTICE indicating the time and pla
5 II payment and that bonds will be issued to represent
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assessments.
C. File in the Office of the County Reco
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certified copy of the assessment diagram in the form and
as authorized by Section 3114 of the Streets and Highways C
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the State of California.
SECTION 10. Upon the completion of the 30-day cash c
tion period and the filing of the Certificate of Paid and
Assessments, the City Clerk shall record in the Office
County Recorder the NOTICE OF LIEN AND ASSESSMENT as autt
by Section 5895.1 and Section 3114 of the Streets and Hj
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Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of tf-
18 ll of Carlsbad at its regular meeting held on the 19th
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April , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor
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NOES : None
ABSENT : None
24 ATTEST:
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26 ALETHA I;. RAUTENKRANZ, City C
27 I/ (SEAL) 28