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 :