HomeMy WebLinkAbout1972-05-16; City Council; 260-3; Highland Drive Sewer Assessment District AD-2-19691
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T II E CITY OF CAR L S B A D, Ck L I F'OR N IA
Supplement f3
Agenda Bill No. 260
*Referred To:
Date: May 16, 1972
Subject: Submitted By:.
p\ Highland Drive Sewer Assessment'District
NO. AD-2- 1969 City Engineer
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Statement of the :fatter
In .acco.rdance with Resolution of Intention No. 1988, a Public Hearing is scheduled for May 16, '1972.
Exhi bi t
1. . Resolution No. 2010,
2. Instructions for holding. public hearing.
Staff Recommendations
If it is the decision of the City Council to overrul-e all protests, adopt Resolution No. 2010, overruling protests and ordering the work.
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AB No.
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Date:
h
City Manager's eecommendation
Council 'Action
. 5-16-72 Following the Public Hearing, the Engineer having provided evidence that all the lands included in the sewer district are benefited, ResoTution'Ng, 2010 ordering work was adopted.
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3025.263
RESOLUTION NO. 201 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD ORDERING WORK
ASSESSMENT DISTRICT NO. 2-1969
(Regarding Proposed Improvement of Sewers in
Highland Drive Between Tamarack and Elm Avenues)
WHEREAS, the City Council of the City of Carlsbad, hereinafter
referred to as the Council, on April 18, 1972, adopted a Resolutior
Df Intention to order certain work to be done and improvements to
De made in a portion of HIghland Drive in Assessment District No.
2-1969, as more fully set forth in the Resolution of Intention and
WHEREAS, notice has been given and a hearing has been had on
the REsolution of Intention by the City Council as required by law,
The City Council of the City of Carlsbad does hereby resolve
3s follows:
1. The Council finds that written protest against the propose
listrict or the proposed work or a portinn thereof has not been
nade by the owners of one-half of the area of the property to be
msessed for the improvements and that public interest and con-
renience require the work to be done.
2. The protests received are overruled and denied and the
iearing is closed.
3. The following work of improvement shall be done, namely
;he construction of sewers, manholes and appurtenances in Highland
)rive, in Assessment District No. 221969, all as more fully set
:orth in the Resolution of Intention to which reference is made.
4. The costs and expenses of the work of improvement are
10 be assessed upon the district more particularly described in the
tesolution of Intention.
5. The Council has determined that serial bonds extending
wer a period extending nine (9) years frnm the second day of
ranuary next succeeding the next September first following their
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date, bearing interest at the rate of seven per cent
annum, shall be issued to represent assessments of Fifty Dollars
($50) or more for the expenses of the work of improvement, as pro-
vided by the Improvement Act of 1911.
(7%) per
6. TheClerk of the City of Carlsbad is directed to post
conspiculously for five (5) days on or near the chamber door of the
Council in the manner and form required by law and notice inviting
sealed proposals or bids for doing the work ordered and the Clerk
is directed to publish twice in the Carlsbad Journal, designated
for that purpose by the eouncil, a notice inviting proposals for
doing the work and referring to the specifications on file.
PASSED, APPROVED, AND ADOPTED at a meeting of the City Council
of the City of Carlsbad, California, held .May 16; 1972, by the
following vote, to wit:
AYES : Cmn. McComas, Lewis, Chase and Frazee.
NOES : None.
ABSTAIN : Cmn. Dunne.
ATTEST :
Mayor
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(Assessment Distric't ??0,2- 1969)
LNSTRUCTIGNS FOR 1911 ACT HEARING
ON RESOLUTION OF INTENTION
Date: - 1972
1. Mayor -- ,... - announces: ?'The hour of 7:30 PmM,
hnvinr: arrived,. this is the time and place
fixed by this City Council for hearing ob-
jections or protests on the proposed work,
or the zxtent of the assessment district,
or on. the proposed grades under the Reso-
lution Gf Intention, Resolution No. 1988
piwiding for sewers on Highlan7' Drive between Tamarack Avenue and Elm Avenue.
Clerk presents the affidavits of publication,
mniiing and posting. 2. P
3. Council approves said affidavits and orders
same filed.
4, Mayor requests Clerk to read all protests '
that have been filed.
(a) If written protests have been filed, Clerk reads all. written protests and
Mayor asks, any persons, or their
representatives, who have filed written
protests desire to be heard in support:
of their written protest?JQ
or
(b) If no written protests have been filed Clerk states VJp until the time set for
hearing no written protests have been
f iled.QQ
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5. After hearing all persons filing written
protests, Mayor announces: "The City Council
will now hear any oral protests or objections
concerning the work, extent of assessmnt
district ar grades.09
6. There being no other persons present desiring
to be heard on the matter, the Mayor asks the
Engineer of Work: 'PPlease ad7r:se the City
Council what per cent of the total area to be
assessed for the improvement is represented
by written protests or objections filed with
the City Clerk.'&
7. Engineer of Work reports: 'PWritten protests
and objections have been filed with the City
Clerk by the owners of X of the total
area to be assessed for the improvement."
8. Engineer of Work should givo- evidence that
all of the lands included in Lhe district
are benefited,
9, City Council may adopt resolution overruling
protests or may continue hearing and defer
adoption to a later date, If it appears
there is a possible protest by a majority in
area, or if protests are of such a nature
that they should be referred to the Engineer of Work for investigation, or if any other
reason there is any question of going ahead,
the resolution overruling protests should
not be adopted, and the hearing should be
continued to an adjourned regular or the next
regular meeting, In latter event, adopt
f o 1 1 owing re so lut ion:
*@The hearing ordered by Resolution No, 1988
is hereby continued to
Council Chambers of the City Hall of the
City of Carl sbad.g*
P,M., on
? 19-* in the
NOTE TO CLERK:
a, Minutes should show that all written protests were
read by the Clerk and should list names and
addresses of signatories to written protests and
show names and addresses of all oral Protestants,
including a very brief resume of oral objections
made ,
b. If the hearing is continued to an adjourned regular meeting, in addition to order continuing hearing,
there should be an order adjourning the meeting
to that time and place.
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