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HomeMy WebLinkAbout1972-04-18; City Council; 260-2; Highland Drive Sewer Assessment District AD-2-19691 THE CITY Agenda Bill No. 268 ++A Referred To: I OF CARLSBAD, CALI FORNIA Date: April 18, 1972 Sub j ect : Submitted By: Highland Drive Sewer Assessment District b-2-1969 City Engineer Statement of the Matter In accordance with City Council Resolution 1792, plans and speci- fications have been completed for the subject project. In order to set a hearing date, it is necessary to pass Resolutions: JAppointing a new attorney,dApproving proposed map of Assessment District, d-Approving pians and specifications,yApproving the findings of Health Officer .and&esolution of Intention and Setting date of hearing. Public Notice of Hearing will be given by publication in newspaper, mailing notices to the affected property owners and posting notices on the affected properties. Exhibit 1) Resolution No. [Tf?# amending Resolution No. 1790 for appointment for 2) Resolution No. ]y?F approving and ordering filed proposed map of 3) Resolution No. !qgd approving plans and specifications. approving Health Officers Opinion and Finding 4) Resolution No. 5) Resolution Nofu$ Resolution of Intention and Setting Date of an Attorney. Assessment District. @T- and Ordering opinio s spread upon the minutes. Hearing. Staff Recornrnendatlons Pass following Resolutions: 1) Resolution No.W$ amending Resolution No. 1790 for appointment for an Attorney. approving and ordering filed proposed map of 2) Resolution No. Assessment Dist ric 3) Resolution No.ag approving plans and specifications. 4) Resolution No. ,!q@ approving Healith Officers Opinion and Finding 5) Resolution No. j?$F Resolution of Intention and Setting Date of + and Ordering opinions spread upon the minutes. i Hearing. I b AB NO. Date: April 18, 1972 . City Manager’s Recommendation Concur. -. .- Co unci 1 Ac ti on .. . ... II_. f - . .-- .-..,.._._ . - -- .. I -2- -- .- E s 1c 11 li 12 14 1C 1€ 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 3025.263 RESOLUTION NO. 1984 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING PERSON TO PREPARE ALL PROCEEDINGS (AMENDING RESOLUTION NO. 1790) ASSESSMENT DISTRICT No. 2-1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues) The City Council of the City of Carlsbad does hereby resolve 3s follows: 1. Woolley, Crake, Collins & Ward, Attorneys at Law, are iereby appointed as attorneys to prepare all resolutions, notices md other papers and proceedings for any work and improvements that lay hereinafter be authorized by the City Council of the City of :arlsbad for the proposed improvement of the above-named assessment iistrict. 2. The terms and conditions of such employment shall be as ;et out in the contract for employment as special counsel, attached ind incorporated as Exhibit A. 3. The Mayor is hereby authorized and directed to execute the :ontract attached as Exhibit A, on behalf of the City, and the Cler )f the City is authorized and directed to attest such contract. k PASSED, APPROVED, AND ADOPTED at a meetixyof the City Council )f the City of Carlsbad, California, held April 18,; 1972, by the 'allowing vote, to wit: AYES: Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSTAIN : None. iTTEST: - DAVID M. DUNNE 'L c b 1 2 3 4: 5 6 7 a 9 ' :-,* 12 12 13 14 3.5 16 37 I€ 2c 23 2; 22 24 2! 2t . . *2: 2! 3( 31 - .- .. - 1 SPECIAL COUNSEL AGREEMENT - THIS AGREEMENT is made April 4 8 1972, bebeen the City of Zarlsbad ("City") and Woolley, Crake, Collins & Ward ("Attorney") . rm PARTIES AGREE: i ? 1, In reference to proceedings for the creation of an assess nent district under the provisions of the Improvement Act of 1911, the District to be named'"High1and Drive Sewer Assess. Dist. 2-1969 Sity employs the Attorney to furnish, and the Attorney agrees to furnish, the following legal services: (a) The drafting of all Resolutions, Notices and other 3o.cuments required in the formation of the Assessment District and for the issuance and sale of bonds, (b) The general supervision of the proceedings and the giving of instructions to officers of the City in connection with those proceedings. (c) Examination of a transcript of the proceedings as taken by the City. (d) The issuance of an approving opinion on the legality of the proceedings to the purchaser of the bonds, 2, For the services described in this paragraph, the City agrees to pay Attorney a fee based upon the amount of the bond issue, the fee to be determined as $I - 9,999 10,000 - 19,999 20,000 r 29,999 30,000 - 39,999 40,000 - 49,999 50,000 - 300,000 Over 300,OOO 3. follows : -- $500.00 625.00 750.00 * 875.00 1,000.00 2% of contract .6,000,00 plus 1% of contract in excess of 300,000 3. In addition to the foregoing, the City agrees to reimburs the Attorney for any out-of-pocket expenses incurred by him in the course of this employrr.ent for long distance telephone calls.; tele- grams, travel at the City's request, and similar . items. ...' I .c a , I 'q I t 13 34 3.E .. 1€ 17 20 * 23 22 23 24 25 26 -27 28 29 30 ,31 32 0 4. Upon request of the Manager'or Engineer for the City, the Attorney or a representative on its behalf will attend any City meeting at which any action in the proceedings is to be taken. For this purpose, the City Attorney may act as representative for the Attorney. Any meetings af the City in connection with these proceedings, attended by the Attorney or representative on its be- half shall be charged as an additional item of compensation to the Assessment District at a cost of $50 per meeting, The services to i be rendered do not include any services in connection with the acquisition, by contract or condemnation, of any easements or othe property necessary for the proposed work or in connection with any other 1 it igat ion. 5. The City agrees to furnish to the Attorney such maps, records, title searches and other documents and proceedings, or certified copies thereof, as may be required by the Attorney in the performance of his services- 6. This contract shall be binding upon and inure to the bene. fit of said Attorney as its law practice is presently constituted 31: as changed hereafter by the admission of new partners, or by the death or retirement of any partner, provided that the opinion Bf the successor firm upon municipal bonds, whether under the same name or otherwise, is accepted by bond dealers and bond buyers as readily as the opinion of the firm as presently constituted, CITY OF ChLSBAD ATTEST : WOOLLEY, CRAKE, COLLINS & WARD .By: Richard Crake 8 I -2- .--..- ........ .... , .. ... ... -.--. ................. c # c. * I 4 IC 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 3025.263 RESOLUTION NO. 1985 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPROVING REPORT OF ASSESSMENT ENGINEER DATED MARCH 29, 1972, AND ADOPTING PROPOSED MAP OF ASSESSMENT DISTRICT ASSESSMENT DISTRICT NO. 2-1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues WHEREAS, pursuant to Resolution No. 1951, adopted by the City Council on February 15, 1972, Judson T. Naiman has furnished a re- port dated March 29, 1972, containing a proposed map of Assessment District No. 2-1969, a schedule of estimated construction and in- cidental costs and a schedule of estimated assessments for each parcel within the assessment district, The City Council of the City of Carlsbad does hereby resolve as follows: 1. The report of Judson T. Naiman, Assessment Engineer, dated Jarch 29, 1972, pursuant to Resolution No. 1951, is approved. 2. The proposed map of Assessment District No. 2-1969, at- tached as Exhibit A tp the foregoing report, is approved and sdopted as the map fixing the boundaries of the territory to be included in the district benefited by the work and to be assGssed to pay the cost and expense of the work. 3arlsbad is directed to endorse on the original and on at least one The Clerk of the City of zopy of that map entitled "Map of Assessment District No. 2-1969", ier certificate evidencing the date of adoption of this resolution ieclaring the boundaries of the assessment district. The Clerk is further directed to file the original of the map as endorsed in her )ffice and to file forthwith a certified copy of the original map sith the County Recorder of the County of San Diego. PASSED, APPROVED, AND ADOPTED at a mee'ting of the City Council ,f the City of Carlsbad, California, held April 18, 1972, by the " PI Y 3 2 1 4 c * e 7 € 5 1c 13 li 12 14 1f 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 following vote: to wit: AYES: Cmn. Dunne, McCornas, Lewis, Chase and Frazee. NOES: None. ABSTAIN: None. ATTEST : Mayor DAVID M. DUNNE, c STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: ss CITY OF CARLSBAD: AFFIDAVIT OF POSTING NOTTCE INVITING BIDS. (Assessment District: No. 2 - 19693 MARGARET. E- ADAMS, being duly sworn, deposes and says: I am now and at all times hereinafter mentioned was the duly chosen, quali- fied and acting City Clerk of said city; That, pursuant to the resolution ordering the work, Resolution NoJS of the City Council of said city, and the Improvement Act of 1911, Division 7 of the Streets and Highways Code, I posted a notice inviting sealed proposals or bids for doing the work ordered or for furnishing materials, supplies and equipment, or any portion thereof; That a copy of said notice as so posted is attached hereto and made a part hereof; That: said Chambers of notice was conspicuously posted on or near the door of the Council said city on the 17th day of May , 1972 said date - being not less than ten (10) days before the time fixed in said resolution for the opening of bids, and said notice was kept continuously than five (5) days after the first date of posting. posted for not less of he @ity of Carlsbad, Carlsbad, California Subscribed and sworn to before me this 18th day of 9 19'7.2. /MaY Notary Public in and for said County and State. ....................... LOIS VANCE I ~\~.~\.r.\...\..........~..~.~ I NOTARY PUBLIC - CALIFORNIA ; PRINCIPAL OFFICE IN $ SAN DIEGO COUNTY ' # OFFICIAL SEAL MY COMMlSSlOEl EXPIRES DEL 4, ln4 I 2 1 4 E e 7 E s IC 11 12 It 14 1E 1C 17 la 19 20 21 22 23 24 25 26 27 28 29 30 . 31 32 3025.263 RESOLUTION NO. 1986 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ADOPTING PLANS AND SPECIFICATIONS ASSESSMENT DISTRICT NO. 2-1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues) 1 WHEREAS, pursuant to Resolution No. 1791, Hunter T. Cook as Engineer of Work, has furnished to the City plans and specificatior for the construction of sanitary sewers in a portion of Highland Drive in Assessment District No. 2-1969, which are on file in the office of the Clerk of the City of Carlsbad, The City Council of the City of Carlsbad does hereby resolve as follows: 1. The plans and specifications submitted by Hunter T. Cook are approved and adopted as the plans and specifications for this work of improvement. 2. The wage scale prepared by the Engineer of Work, attached to this resolution as Exhibit A, is approved and adopted as the wag scale for persons employed in the construction of the work of improvement . PASSED, APPROVED AND ADOPTED at a meeting of the City Council >f the City of Carlsbad, California, held April 18, 1972, by the Eollowing vote, to wit: XXES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSTAIN : None. LTTEST : :itb $krk MARGARE~' E. ADAMS \- Mayor DAVID M. DUNNE, EXHIBIT A . WAGE SCALES .. . -_ . . Said .City Engineec, pursuant to the Labor Code of the State of California, has ascertained and deterniined that the general pre- vailing rates of wages in the locality in which the 'said work herein described is to be performed, for each craft and type of workman or mechanic needed to execute the contract, and also the general prevailing rate for legal holidays arid overtime work for each craft and type of workman or mechanic to be as follows: CCAS S I FIC AT1 ON RATE PER HOUR LABORERS : Laborer, General or Construction. . 4.83 Laying of all non-metallic pipe, including sewer pipe, drain pipe and underground tile. 5.14 OPERATING ENGIhXERS : Skiploader, Wheel-type-Ford, Ferguson, Jeep or similar type, 3/4 yard or less (Without Dragtype attachments) . 7.07 Hydra-Hammer or similar type equipment. .7.61 Trenching Machine Operator (Up to 6' depth capa- Trenching Machine Operator (Over 6 ' depth capacity, Universal Equipment Operator (Shovel, Backhoe, Drag- city, Manufacturer's rating) . 7.61 Manufacturer's rating) . 7.71 .line, Clamshell, Derrick, Derrick 'Barge, Crane, 7.71 ' Piledriver and Mucking Machine) . I. TEAMSTERS : Dump Truck Driver -. less than 8 cu.yds. level capacity, 5.33 Dump Truck Driver - 8 cu,yds. but less than 12 cu.yds. 5.38 Transit-Mix Truck Driver - under 8 cu,yds, 5.68 Transit-Mix Truck Driver - 8 cu.yds. or over. 5.82 Asphalt Raker, Ironer, Spreader 5.04 Concrete Saw Man (excluding Tractor ~ype)., Roto-Scraper , Chipping Hammer Concrete Core Cutter and Form Blower 5.04 Cutting Torch Operator (Demolition) ..' 4.88 Flagman 4.83 Watchman 4.63 Water Trucks: Under 2500 gallons 5.36 A-Frame Trucks or Swedish Crane . 5.95 Truck Greaser 5.76 Truck Repairman 6.05 5.95 Welder 9. Any classification omitted herein, not less than 4.83 . 2500 to 400 gallons 5.48 .. 1 r t i i . The above listed rates are based upon a working day of eight (8) hours, being proportionately applicable to eight (8) hours or less of employment in any one (1) calendar day, other than Sat- urdays, Sundays and the following seven (7) legal holidays, to wit: New Year's Day, Memorial Day, Fourt of July, Labor Day, Veteqans' Day, Thanksgiving Day and Christmas Day, where any work is. required in case of extraordinary emergency caused by fire, flood or damage to life or property. For any working time of more than eight (8) hours in any one (1) calendar day and for time worked on Saturdays, Sundays and any of the aforementioned holidays, not less than one and one-half (1%) times the speci- fied rates shall be paid: provided, however, that notwithstand- ing the general provisions hereinabove set forth, the straight rates as specified for flagmen, guards or watchmen shall be app- licable to a maximum of eight (8) hours of employment per calen- dar day, including Saturdays, Sundays and holidays, for a total of not over forty (40) hours per week, but not less than one and one half (1%) times such specified rates shall be paid to said flagmen, guards and watchmen for any time worked in excess ' of eight (8) hours per day or forty (40) hours per week. It shall be mandatory upon the contractor to whom the contract is awarded and upon any subcontractor under him to pay not less than the said specified rates to all laborers, workmen and mechanics employed by them in the execution of the contract. 2 EXiIBIT A 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 29 30 31 32 3025.263 RESOLUTION NO. 1987 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DETERMINING SEWER NECESSARY AS HEALTH MEASURE AND DISPENSING WITH DEBT LIMITATION ASSESSMENT DISTRICT NO. 2-1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues) WHEREAS, there has been presented to the City the written certification and recommendation of the Health Officer of the City Df Carlsbad as follows: ."March 16, 1972 "Carlsbad City Council 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Jack Arnold, City Manager Gentlemen: My attention has been directed to the proposed construction of certain sanitary sewers in the City of Carlsbad, County of San Diego, California under the Improvement Act of 1911, Division 7, of the Streets and Highways Code. served by said sewerage facilities and to be benefited by such work is shown on the map designated as Assessment District No. 2-1969. The territory to be I have examined generally, the above mentioned plans and map of the Assessment District No. 2-1969. I have also made, or caused to be made, an investigation of said territory and the existing sewage facilities served in said territory. This in- vestigation reveals that existing sewage facilities are inade- quate and there is a serious need for, and the public's heath requires, the construction of sewerage facilities to serve this territory. Pursuant to your request and as Health Officer of the City of Carlsbad, I find and recommend as follows: 1. That the construction of the sewerage facilities show1 on the above mentioned map is necessary as a health measure. 2. That proceedings for the construction of said sanitarl sewers are necessary as a health measure. 3. That proceedings for the construction of said sanitaq sewers under the 1911 Improvement Act are necessary a: a health measure. 4. That 1, 2 and 3 above are all necessary as a health measure. I' JBA:W:hv Attach. Very truly yours, /s/ J.B. ASKEW, M.D. Health Officer of th.e City of Carlsbad /' IC 13 12 1: 14 If 1E 17 1€ 18 2c 21 22 23 24 25 26 27 28 29 30 31 32 The City Council of the City of Carlsbad does hereby resolve as follows: 1. The certification and recommendation of the Health Office] of the City of Carlsbad shall be spread upon the minutes of the Council in full. 2. The Council finds that proceedings for the construction 01 sanitary sewers in the area referred to in the certification and recommendation of the Health Officer and described in the resolu- tion adopting plans and specifications and the resolution adopting assessment map, both resolutions being adopted by this Board on 4pril 18, 1972, are necessary as a health measure; that the prop- xties to be assessed for such construction will be able to carry the burden of the proposed assessments; and that none of the pro- Jisions of Division 4 of the Streets and Highways Code of the State 3f California shall apply to the proceedings for the construction ,f the sanitary sewers. PASSED APPROVEQ, AND ADOPTED at a meeting of the City Council if the City of Carlsbad, California, held April 18, 1972, by the Eollowing vote, to wit: * AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSTAIN : None. DAVID M. DUNNE . ATTEST : 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1 181 atp of Carlsbab March 16,1972 Carlsbad City Council 1200 Elm Avenue Carlsbad, California 92008 Attention: Mr. Jack Arnold, City Phnager Gentlemen : I@ attention has been directed to the proposed construction of certain sanitary sewers in the City of Carlsbad, County of San Diego,California under the Improvement Act of 1911, Division 7, of the Streets and Highmys Code. The territory to be served by said sewerage facilities and to be benefited by such work is shown on the map designated as Assessment District NO. 2-1969. I have examined generally, the above mentioned plans and map of the Assess- ment District No. 2-1969. vestigation of said territory and the existing sewage facilities served in said territory. are inadequate and there is a serious need for, and the public's health requires, the construction of sewerage facilities to serve this territory. I have also made, or caused to be made, an in- This investigation reveals that existing sewage facilities Pursuant to your request and as Health Officer of the City of Carlsbad,I find and recommend as follows: 1. That the construction of the sewerage facilities shown on the above mentioned map is necessary as a health measure. That proceedings for the construction of said sanitary sewers are necessary as a health measure. That proceedings for the construction of said sanitary sewers under the 1911 Improvement Act are necessary as a health measure. That 1, 2 and 3 above are all- necessary as a health measure. 2. 3. 4. Very truly yours, JBA : W : hv Attach. % B. ASKEXIJ, M.D. Health Officer of the City of Carlsbad . .. E s IC 11 li 12 14 1E 1E 17 1E 19 2c 21 22 23 24 25 26 27 28 29 30 31 32 A 3025.263 RESOLUTION OF INTENTION NO.~-198$ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2L1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues) WHEREAS, the City Council designated Hunter T. Cook as the Superintendent of Streets and the Engineer of Work to perform any and all duties conferred upon the Superintendent of Streets and Engineer of Work by the Improvement Act of 1911 and designated Judson T. Naiman as Assessment Engineer, both in connection with the work and improvements and assessment hereinafter described and WHEREAS, the Engineer of Work has furnished to this Council plans and specifications for the construction of a'sanitary sewer system in a portion of Highland Drive in Assessment District No. 2-1969 and WHEREAS, the Assessment Engineer has furnished to the Council a proposed map of the assessment district which has been adopted by the Council, together with careful estimates of the costs and expenses of the construction. The City Council of the City of Carlsbad does hereby resolve as follows: 1. The public interest and convenience require and it is the intention of the City Council of the City of Carlsbad, referred to as the Council, to order the following work to be done and improve- nent to be made in the area of Assessment Dis.trict No. 2-1969 in th Sty of Carlsbad, namely: The construction of sewers, manholes and appurtenances in rights of way, including public streets, as shown on "Map of Assess nent District", approved and adopted by the Council in its Resolu- tion No. 1985 on April 18, 1972. 2. All of the said work hereinbefore generally described . 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 29 30 31 32 shall be constructed in the manner, to the grades, at the locations Lthin the limits, of the materials, and of the dimensions as shown upon and in accordance with the plans, profiles, drawings, typical cross-sections and specifications therefor, contained in plans and specifications on file in the office of the Clerk of the City of Clarlsbad, and by this reference thereto, all said plans, profiles, firawings, typical cross-sections and specifications are made a ?art hereof. 3. Serial bonds shall be issued to represent each assessment Df Fifty Dollars ($50) or more remaining unpaid after the iast date for payment of assessments, as specified in the statement provided by Section 5390 of the Streets and Highways Code of the State of Zalifornia. Said statement shall be mailed to each property owner dthin the assessment district at least thirty (30) days prior to the last date for payment of assessments. Said serial bonds shall 2xtend over a period ending nine (9) years from the second day of January next succeeding the next September first following their Aate, and an even annual proportion of the principal sum thereof shall be payable, by coupon, on the second day of January every yea following the next September first after their date until the whole is paid. Said bonds shall bear interest at the rate of seven per zent (7%) per gnnum, interest payable semi-annually, by coupon, on all sums unpaid until the whole of said principal and interest is paid; and said bonds shall provide thak if said bonds are redeemed before maturity and before commencement of proceedings for sale, in addition to all other sums unpaid and accrued, a premium of five per cent (5%) of the unmatured principal shall be paid. Said bonds shall be issued and the principal, interest and premium shall be paid under and in pursuance of the Improvement Act of 1911 and amendmetns thereto. 4. The contemplated work and improvedent hereinbefore men- tioned is, in the opinion of the Council of more than local and 'I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 37 la 19 20 21 22 23 24 2f 2E 27 2E 29 3c 31 32 ordinary benefit to the public and the expenses of such work and improvement are made chargeable upon the district hereinafter de- scribed, and the Council does hereby declare said district to be the district benefited by said work and improvement, and to be assessed to pay the costs and expenses thereof. Said district is described as follows, to wit: All that real property in the City Df Carlsbad included within the exterior boundary lines of said 3istrict as shown upon that certain map indicating the exterior boundary lines of such district, which map, approved by the Council is on file in the office of the Clerk, excepting therefrom all public streets, roads, alleys, avenues and highways. Reference is nereby made to the map for a full and complete description of the assessment district and the map shall govern for all details as to the extent of the assessment district. 5. It is the opinion of the Council that the public interest dill not be served by allowing the property owners to take the zontract for the work to be done under these proceedings. 6. NOTICE IS HEREBY GIVEN that on Tuesday, the 16th day of qay, 1972, at 7:30 o'clock p.m. in the chamber of the Council, 1200 Elm Avenue, Carlsbad, California, any and all persons having my objections to the proposed work or improvement, to the grade st which said work is to be done, or to the extent of the district to be assessed to pay the costs and expenses of said proposed work >r improvement, may appear before the Council and show cause why said proposed improvement should not be carried out in accordance with this resolution. 7. Such protest, if any, must be in writing and must contain a description of the property in which each signer thereof is in- terested, sufficient to identify the same, and shall be delivered to and filed with the Clerk of the City of Carlsbad, 1200 Elm Avenu Carlsbad, California 92008, not later than'the hour hereinabove set for hearing. No other protests or objections will be considered. . I 2 ? 4 5 d 'i E s 1c 11 12 I? 14 1E l€ 17 I.€ 1s 2c 21 22 23 24 25 26 27 28 29 30 31 32 If the person signing the protest is not the owner shown on the last equalized assessment roll, the protest must contain, or be accompanied by, written evidence that such signer is the owner of the property. 8. The Clerk of the City of Carlsbad is hereby directed to cause this Resolution of Intention to be published twice in the Carlsbad Journal, the newspaper hereby designated for that purpose by the Council. 9. The Clerk af the City of Carlsbad is hereby directed to mail notice of the adoption of this Resolution of Intention, post- age prepaid, to all persons owning real property proposed to be assessed, whose names and addresses appear on the last equalized County Assessment Roll, or as known to said Clerk, all in the time, form and manner required by law; if property assessed by the State under Section 14 of Article XI11 of the Constitution is proposed tc be assessed, such notice shall be mailed to every owner of such property at the address thereof shown on the last board roll trans- mitted to the County Auditor as required by Section 5070, Streets and Highways Code. 10. The Clerk of bhe City of Carlsbad shall, upon completion of the mailing of said notices, file with this Council an affidavit setting forth time and manner of the compliance with the above requirements for mailing such notices. 11 . The Superintendent of Streets shall, after the adoption of this Resolution of Intention, cause to be conspiculously postel along the line of said contemplated work of improvement, at not more than three hundred feet (300') in distance apart, but not less than three in all, notices of the passage of this Resolution of Intention, all in the time, form and manner required by law; and thereupon said Superintendent of Streets shall cause to be filed in the office of the Clerk of the City of Carlsbad an affidavit showing the posting of said notices of improvement. ,. I 11 1: 1; 1: 18 11 1( 1' 1l 1s 2( 21 22 2: 24 25 26 27 28 29 30 31 32 . 12. The City Council declares its intention to contribute to the cost of the work of improvement an amount estimated at $1,446, as more particularly described in Exhibit B to the report of the Assessment Engineer dated March 29, 1972. ' 13. All of the herein proposed work shall be done in pur- suance of an Act of the Legislature of the State of California, designated as the "Improvement Act of 1911" and amendments thereto PASSED, APPROVED, AND ADOPTED at a meeting of the City Counci sf the City of Carlsbad, California, held April 18, 1972, by the following vote, to wit: AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSTAIN: None. ' nr -T----- DAVID M. DUNNE, lTTEST :