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HomeMy WebLinkAbout1997-01-21; City Council; NS-391; CMC 110.08.090 amends - Underground utility districts (UUDs)...? V e a 1 2 3 ORDINANCE NO. NS-391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA AMENDING TITLE 11, CHAPTER 11.08 REGARDING UNDERGROUND UTILITY 4 The City Council of the City of Carlsbad, California does 5 DISTRICTS 6 7 ordain as follows: 8 ll SECTION I: That Title 11, Chapter 11.08 of the Carlsbad Municip: 9 II is amended by the amendment of section 11.08.090(e) to read as follows n Yr KEA LVW8 en8 $055 z;$i OOLL z w fflQ 3JJg a->o CAE Biz; m _ILU C22 a01 00 - 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 “(e) The notice given by the city engineer to provide the r underground facilities shall particularly specify what work is required to be dol shall state that if the work is not completed within thirty days after receipt of such the city engineer will provide such required underground facilities, in which c: cost and expense thereof will become a lien upon the property benefited.” SECTION II: That Title 11, Chapter 11.08 of the Carlsbad Municip: is amended by the amendment of the second and third sentences in 11.08.090(f) to read as follows “(9 Upon completion of the work by the city engineer, he shal written report with the city council setting forth the fact that the required under! facilities have been provided and the cost thereof, together with a legal descriF the property against which such cost is to become a lien. The council shall the, fix a time and place for hearing protests against the cost of such work up01 premises, which said time shall not be less than ten days thereafter.” SECTION Ill: That Title 11, Chapter 11.08 of the Carlsbad MunicipE is amended by the amendment of section 11.08.090(g) to read as follows: “(9) The city engineer shall forthwith, upon the time for hearinl protests having been fixed, give a notice in writing to the person in possession c premises, and a notice in writing thereof to the owner thereof, in the n hereinabove provided for the giving of the notice to provide the required under! facilities, of the time and place that the council will pass upon such report and w protests. Such notice shall also set forth the amount of the proposed lien.” 28 ll 1 e e om YS J"W% soaa >?2 dk5C s>m< slug %E$ 9"s OYYO "o"%$ E% >Y% 60 JLC7 0 a01 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 I SECTION IV: That Title 11, Chapter 11.08 of the Carlsbad Mut Code is amended by the amendment of section 11.08.090(h) to read as follows: "(h) Upon the date and hour set for the hearing of protests, the c shall hear and consider the report and all protests, if there by any, and then procc affirm, modify or reject the lien.'' SECTION V: That Title 11, Chapter 1.08 of the Carlsbad Municipal is amended by the amendment of section 11.08.090(1) to read as follows: "(I) If these costs are not paid within five days after their confirmatio the City Council, they shall become a lien upon the real property as described by ' City Engineer, and the City Engineer is directed to turn over to the assessor and t collector a Notice of Lien on each of the properties on which these costs have not paid, and the assessor and tax collector shall add the amount of these costs to thi regular bill for taxes levied against the premises for which the work has been pet% and has not been paid. These costs shall be due and payable at the same time a property taxes are due Ill Ill Ill Ill /I/ /I/ Ill ill Ill Ill 111 Ill Ill I 1 2 ~ * e 1 2 3 4 5 6 7 8 9 10 11 om kZa5 aog vu: YU, 304s kg$$ f! OoB a ai 5L%a oz-lo r[r!$o E25 $% SW~ m> a01 GO 12 13 14 15 16 17 18 19 20 21 22 I1 23 24 25 26 27 28 l and payable, and if not paid when due and payable, shall bear interest at the rate per year.’’ EFFECTIVE DATE: This ordinance shall be effective thirty days a adoption, and the City Clerk shall certify the adoption of this ordinance and cau: be published at least once in a newspaper of general circulation in the City of Cz within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the CE City Council on the 14th day of January , 1997, and thereafter PASSED AND ADOPTED at a regular meeting of the City Council City of Carlsbad on the 21st day of January , 1997, by the fo vote, to wit: AYES: Council Members Lewis, Finnila, Nygaard, Kulchin and NOES: None ABSENT: None APPROVED AS TO FORM AND LEGALITY LQ.L* RONALD R. BALL, City Attorne ,*22*9 -41 ATTEST: - ALETHA L. RAUTENKRANZ, City Clerk ‘ 3