HomeMy WebLinkAbout1988-07-05; City Council; Resolution 88-221.#
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RESOLUTION NO. 88-22i
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE ASSESSm
MENT, ORDERING THE IMPROVEMENTS MADE, TOGETHER
WITH APPURTENANCES, AND APPROVING THE ENGINEER'S
" RE PORT "
WHEREAS, the CITY COUNCIL of the CITY OF CAR
CALIFORNIA, did, on the 24th day of May, 1988, adop
Resolution of Intention for the construction of certain
works of improvement, together with appurtenances and appur
work, including acquisition where appropriate, in a s
assessment district known and designated as ASSESSMENT DI:
NO. 86-1 (PALOMAR AIRPORT ROAD) (hereinafter referred to
"Assessment District"); and,
WHEREAS, pursuant to said Resolution of Intentj
"Report", as therein provided, was presented, consider
approved; and,
WHEREAS, said "Report", as preliminarily approved, cor
all the matters and items called for by law and as pursu
the provisions of the "Municipal Improvement Act of 1913tT,
Division 12 of the Streets and Highways Code of the St
California, including the following:
1. Plans and specifications of the proposed improveme1
2. Estimate of cost;
3. Diagram of Assessment District;
4. An assessment according to benefits;
5. A description of the works of improvement; and,
WHEREAS, all protests have been heard and considered,
full hearing has been given, all in the manner provided t:
and ,
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2 WHEREAS, notices of said hearing were duly and reg'
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posted, mailed and published in the time, form and r
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transcript of these proceedings; and, 5
required by law and as evidenced by affidavits on file wil
WHEREAS, the owners of one-half (1/2) of the area as
7 for the cost of the project did not file written protests a
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the said proposed improvements and acquisition where approp
and this legislative body did, after providing a full he
1o overrule and deny all protests and objections; and,
11 WHEREAS, this legislative body is now satisfied wil
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updated and submitted. 13
assessment and all matters contained in the "Report" i
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16 correct.
17 SECTION 2. That the "Report", as now updated and subm
18 consisting of the assessment and diagram for the improve
19 together with appurtenances and appurtenant work in conn
20 therewith, including acquisition where appropriate, is
21 confirmed.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all tri
22 SECTION 3. That the public interest and convenience r
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ordered that the work to be done and improvements to be 24
the proposed improvements to be made, and therefore it is
previously adopted and as set forth in the "Report" present 28
Assessment District, as set forth in the Resolution of Int 27
therewith, including acquisition where appropriate, i 26
together with appurtenances and appurtenant work in conn 25
considered, and as now submitted.
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2 SECTION 4. That the assessment contained in said “R
3 11 is hereby levied upon the respective subdivisions of land
4 11 Assessment District as set forth in said “Report”.
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SECTION 5. That the City Clerk shall forthwith deli.
the Superintendent of Streets the said assessment, togethe
the diagram attached thereto and made a part thereo
8 confirmed, with his certificate of such confirmation attach
the date thereof; and that said Superintendent of Streets
then immediately record said diagram and assessment in his
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in a suitable book to be kept for that purpose and attach t
his certificate of the date of such recording.
SECTION 6. That said Superintendent of Streets, up‘
recording of said diagram and assessment, shall mail tc
owner of real property within the Assessment District at hi
known address, as the same appears on the tax rolls of the
or on file in the Office of the City Clerk, or to both add
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address so appears, a statement containing a designat 19
if said address is not the same, or to General Delivery w
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street number or other description of the property as
sufficient to enable the owner to identify the same, the
of the assessment, the time and place of payment thereo
effect of failure to pay within such time, and a statement
fact that bonds will be issued on unpaid assessments pursu
the “Improvement Bond Act of 1915“.
26 SECTION 7. That said Superintendent of Streets shal
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give notice by publishing a copy of a notice of record
assessment in the newspaper previously selected to publi
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has been recorded in his Office, and that all sums as 3
notices as provided by law, giving notice that said asse
recording the assessment, which date shall be so stated i, 6
said sums is to be made within thirty (30) days after the d 5
thereon are due and payable immediately, and that the payml 4
7 II notice, and of the fact that securities will be issue(
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unpaid assessments.
SECTION 8. Upon confirmation of the assessments and re
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the County Recorder. Immediately thereafter, a copy f 12
assessment diagram shall be immediately filed in the Off 11
tion of the assessment roll and diagram, a certified copy
13 11 notice of assessment shall be recorded in the Office t
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specifically Section 3114 of the Streets and Highways Code 15
County Recorder in the manner and form as set forth by 1
l6 II State of California.
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District, into which fund shall be paid all payments 20
IMPROVEMENT FUND, and designated by the name of this Ass€ 19
directed to establish a special fund account to be known
21 received upon said assessment, and the proceeds of the s
22 bonds to be issued representing unpaid assessments.
23 SECTION 10. That the Treasurer is hereby further autk
24 to establish a SPECIAL RESERVE FUND, into which the desi
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amount shall be transferred and held in trust for the bondk
owners within the boundaries of the Assessment District. 27
and used to assist final discharge by any payment by pr
SECTION 9. That the Treasurer is hereby authoriz,
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PASSED, APPROVED AND ADOPTED by the City Council of tht
of Carlsbad at its regular meeting held on the 5th d
July , 1988, by the following vote, to wit:
AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
NOES : None
ABSENT: None
ABSTAIN: Council Member Larson
ATTEST;
n.4
ALETHA L. RAUTENKRANZ, City C
(SEAL)
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