HomeMy WebLinkAbout1972-09-29; City Council; 896; Cannon Road Assessment District AD1-1970rP
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THE CIT’
Agenda Bill No. 89s
OF CARLSBAD, C-ALI FORNIA
Date: September. 29, 1972
Referred To:
Subject: Submitted By:
Cannon Road Assessment District AD1-1970 City Engineer
. Statement of the Matter
This project involves the widening of Cannon Road from Carlsbad Blvd. to El Arbol Dr. and the construction of a new steeet from El Arbol Dr, to
Interstate 5, and from 1-5, 800 feet easterly. The ri ht of way required for this project will be dedicated by the land owners 4 Ecke, Cannon, Tri- City Auto Dealers and SDGGE). All the necessary utilities are being pro-
vided for in this project including the undergrounding of existing utilities
between Carlsbad Blvd. and the Santa Fe R.R. right of way.
The cost of extending the roadway across the AT & SF Railroad tracks ($8000.) ’ is being included in the district. The cost of protection equipment- by the
railroad is $31,514 and is being borne by the City. City participation in
this project has been limited to the crossing protection unless the City Council feels that additional City participation is warranted.
Several routine actions must be passed in order to set a time and place for
.the public hearing, including the following:
1. 2988 2.
“‘2094.
20959 .
i209610.
I 13.
14.
Certification by Engineer on petition by owners.
Resolution authorizing the execution of an agreement appointing
engineer of work and assessment engineer.
Resolution appointing superintendent of streets.
Resolution appointing person to prepare all proceedings. Resolution di-recting the preparation of plans and specifications,
map and estimates, Resolution adoptinq plans and specifications and assessment map.
Resolution approving 1913 report and fixing time and place of
hearing on report and Resolution of Intention.
Resolution determining general prevailing rate of per diem wage
and general prevailing rate for legal holiday and overtime work.
Resolution waiving debt limit report under the special assessment
investigation, Limitation and Majority protest Act of 1931.
Notice of adoption of Resolution of intention for construction of
certain street improvements and appurtenant work within the City
of Carlsbad; filing of report and time and place of hearing on report,
Notice of hearing on creation of Underground Utility District.
Resolution calling public hearing on establishment of Underground
Utility District.
Notfce of pub1 ic hearing on proposed establishment of Underground Wtil ity District.
Motion authorizing the advertising for bids.
Exhibit
1. Assessment District report (to be available at meeting) 2. Plans and Specifications 11 II I1 II II 3. Resolutions (see above) I1 It II It II
Staff Recommendations
* ’. ., Pass actions as indicated. (The district legal counsel will be present .’.: .
to advise the Council on procedure.)
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AB No. Date: -Seoternber 29. 1972
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City Manager's Recommendation .-
Concur.
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Co unci 1 Ac t on
9-29-72 .The staff was instructed to proceed with the 6otmation 0%;. ::
the improveme.nt district -and the underground Utility district for .
Resolutions Nos. 2088, 2089., 2090, 2091 , 2092, 2093., 2094, 2095,
2096 and 2097 were adopted.
. Cannon Road.
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CERTIFICATION BY ENGINEER
ON PETITION BY OWNERS
Cannon Road Assessment District 1-1970
I certify that owners of more than 60% of the area in the pro-
posed Cannon Road Assessment District 1-1970 have signed a petition
for the improvement of Cannon Road-Agua Hedionda Road from Carlsbad
Boulevard to the tree row approximately 600 ft. east of Interstate
Highway No. 5, with improvements as set out in the petition.
The petition is dated August 5, 1968, and was received by the
City of Carlsbad Engineering Department on August 21, 1968. The
petition waives any investigation proceedings required by the Spe-
cial Assessment Investigation, Limitation and Majority Protest Act
of 1931.
Dated: July 27, 1972.
ASSOCIATED ENGINEERS
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RESOLUTION NO. 2088
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A RESC JTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD AUTHORIZING THE EXECUTION
OF AN AGREEMENT APPOINTING ENGINEER OF
WORK AND ASSESSMSNT ENGINEER
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of.the City of Carlsbad resolves as follows:
1. The City of Carlsbad has, pursuant to a petition by owners
of more than 60% of the area, initiated the proceedings for con-
struction of certain stre&t improvements in the proposed "Cannon
Road Improvement District 1-1970" under the provisions of the
Municipal Improvement Act of 1913.
2. It is necessary and desirable to contract with an inde-
pendent engineering firm for performance of the duties of Engineer
of Work and the duties of the Assessment Engineer; and Associated
Engineers is qualified in such capacities.
3. The Mayor is authorized and directed to execute on behalf
of the City the Agreement between the City of Carlsbad and Asso-
ciated Engineers for the performance of services called for in
that agreement, a copy of which is attached and made a part of
this resolution.
4. The City Clerk is directed to provide Associated Engineers
dith an executed copy of that agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City
, 1972, by Df Carlsbad at a special meeting held September 29,
the following vote:
AYES: Cmn. McComas, Lewis, Frazee and Chase
NOES: fiOne
ABSENT :
ITTEST :
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RESOLUTION NO. 2089
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD APPOINTING SUPERINTENDENT
OF STREETS
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. That Hunter T. Cook is appointed to act as Superintendent
Df Streets for the ,above described improvement and assessment dis-
trict in the City of Carlsbad, to be taken under the provisions of
the Municipal Improvement Act of 1913.
2. Hunter T. Cook is authorized and directed to perform all
Df the duties imposed upon the Superintendent of Streets by the
Yunicipal Improvement Act of 1913 and the provisions of that Act
applicable to the Superintendent of Streets shall apply to him.
PASSED, APPROVED AND ADOPTED by the City Council of the City
Df Carlsbad at a special meeting held September 293 , 1972, by
the following vote:
AYES : Cmn. McComas, Lewis, Frazee and Chase
None NOES :
/ ABSENT : Cmn. Dunne
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ATTEST :
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RESOLUTION NO. 2090
A RESOLUTION OF THE CITY couraxL OF THE
CITY OF CARLSBAD APPOINTING PERSON TO
PREPARE ALL PROCEEDINGS
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad.resolves as follows:
1. Woolley, Crake, Collins & Ward, attorneys at law, are
appointed as attorneys to prepare all resolutions, notices and
other papers and proceedings for any work and improvements that
may be authorized by the City Council for the proposed improvement
in the above described assessment district,
2, The Mayor is authorized and directed to execute on behalf
of the City the agreement between the City of Carlsbad and Woolley,
Crake, Collins & Ward to perform the services called for in that
agreement, a copy of which is attached and made a part of this
resolution.
3. The City Clerk is directed to provide Woolley, Crake,
Collins & Ward with an executed copy of the agreement.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held September 29, , 1972, by
the following vote:
AYES: Cmn. McComas, Lewis, Frazee and Chase.
NOES : None
MAR6dfiET E. ADAMS
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RESOLUTION NO. 2091
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD DIRECTING THE PREPARATION
OF PLANS AND SPECIFICATIONS, MAP AND
ESTIMATES
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. The Engineer of Work, Associated Engineers, is directed
to prepare plans and specifications for the above named assessment
district under the Municipal Improvement Act of 1913.
2. The Engineer of Work is directed to prepare a map showing
the boundaries and the district to be assessed for the proposed
work and improvement.
3. The Engineer of Work is directed to prepare an estimate
of the costs of construction of the work and improvements.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held September 29, , 1972, by
the following vote:
AYES : Cmn. McComas, Lewis, Frazee and Chase
NOES : None
ABSENT : Cmn. Dunne.
ATTEST :
MAR~A@T E. ADAMS
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RESOLUTION NO. 2092
A =SOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD ADOPTING PLANS AND SPECI-
FICATIONS AND ASSESSMENT MAP
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. The Engineer of Work has furnished to the City plans and
specifications for the construction of improvements under the above
named improvement district, which are on file in the office of the
3ity Engineering Department, together with careful estimates of the
zosts and expenses of the work.
2. The Engineer of Work has furnished to the City a map en-
titled "Map of Assessment District", showing the extent of the ter-
ritory to be benefited by the construction of improvements in the
ibove named improvement district and such map.is on file in the
Iffice of the City Engineering Department and has reported that
vithin that territory, there is no land belonging to the United
;tates, the State of California, any county, city, public agent,
iandatory of the Government, school board, education, penal or
reform institution or institution for the feebleminded or insane and
.n use in the performance of any public function and that there is
io property within the territory which is assessed by the State unde
iection 14 of Article XI11 of the Constitution, as shown on the last
hoard roll transmitted to the County Auditor, except:
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3. The foregoing plans and specifications are approved and
adopted as the plans and specifications for the work and the map
is approved and adopted as the map fixing the boundaries of the
territory to be included in the district benefited by the work and
to be assessed to pay the costs and expenses of the work.
The Clerk is directed to endorse on the original and at
least one copy of the map her certificate evidencing the date of
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adoption of this resolution adopting plans and specifications and
assessment map.
of the map in her office and to file a certified copy of the ori-
.
The Clerk is further directed to file the origina
ginal map with the County Recorder of the County of San Diego.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held
the following vote:
September 29, 1972, by
AYES: Cmn. McComas, Lewis, Frazee and Chase.
NOES : None
ABSENT : Cmn. Dunne.
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’ GLtPlfJ E. McCOI~AS Vice- Mayor
ATTEST :
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T E. ADAMS
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RESOLUTION NO. 2093
A ESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD APPROVING 1913 REPORT AND FIXING
TIME AND PLACE OF HEARING ON REPORT AND
RESOLUTION OF INTENTION
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. The City Council has adopted its Resolution of Intention
declaring its intention to construct certain street improvements
and appurtenant work under the Municipal Improvement Act of 1913
and its intention to' convert overhead electric and communication
facilities to underground facilities.
2. The City Council previously directed the Engineer of Work
to prepare a written report on the proposed work, as required by
the Municipal Improvement Act of 1913.
3. The Engineer of Work has prepared the report and presente
it to the City Council and the Council has examined the report.
The report is approved and the City Clerk is directed to endorse
the fact and date of such approval on the report and to file it
in her. off ice.
4. That October 30, 1972, at the hour of 7:30 p.m. at the
Council Chambers in the City Hall, 1200 Elm Avenue, Carlsbad,
California, is fixed as the time and place of hearing on the
report and on any objections to the Resolution of Intention.
5. The City Clerk is directed to cause notice of such hearinc
to be published once a week for two successive weeks, the first
publication to be made at least 20 days before the date set for
hearing of protests. The Carlsbad Journal is selected as the news-
paper in which notice of the hearing shall be published.
6. The City Clerk is directed to mail notices of the hearing
as provided in the Municipal Improvement Act of 1913, postage
prepaid, to all persons owning real property which is proposed to
be assessed to pay any part of the cost of the work, whose names
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and addresses appear on the last equalized assessment roll or as
known to the City Clerk, including the mailing of notices to ever;
owner of property assessed by the. State under Section 14 of Artic:
XI11 of the Constitution, at the address shown on the last Board
roll transmitted to the County Auditor.
completed at least 20 days before the date set for hearing.
The mailing is to be
7. The City Clerk is directed to cause notice of the passage
of this resolution to be conspicuously posted on all open streets
within the assessment district at not more than 300 feet apart on
each street so posted, but not less than 3 in all, except in the
case where there are no such open streets, the notices shall be
posted in 3 conspicuous places in the assessment district. The
posting is to be completed at least 20 days before the date set
for hearing of protests.
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PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held September 299
the following vote:
I 1972, by
AYES: Crnn. McComas, Lewis, Frazee and Chase
NOES: None A
ABSENT: Crnn. Dunne.
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V i c e -Mayor 7.&c- - - E. McCOMAS
ATTEST :
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The City Council of the City of Carlsbad resolves as follows:
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rate of per diem wages, including employer payments for health
and welfare, pension, vacation and similar purposes, in the local- .
RESOLUTION 110. 2094
A RESOLUTION OF THE CITY couricIL OF THE CITY
OF CARLSBAD DETERMINING THE GENERAL PREVAILING RATE OF PER DIEM WAGE AND THE GENERAL PREVAIL- ING RATE FOR LEGAL IZOLIDAY AND OVERTIME WORK
CANNON ROAD IMPROVEMENT DISTRICT 1-1970 .
1. The City Council has ascertained the general prevailing
ity in which the work is to be performed under these proceedings
and the City Council has ascertained the general prevailing wage
for legal holiday and overtime.work.
2. Such rates of wages are set forth in Exhibit A attached
and made a part of this resolution. Such prevailing rates shall
be specified in the call for bids for the contract and in the
contract itself.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at h special meeting held September 29 , 1972, by
.the following vote:
AYES : Cmn. McCornas, Lewis, Frazee and Chase
NOES : None
ABSENT : Cmn. Dunne.
V c e -Mayor
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CIm? VI hfihalt or cmcreca plant cnstrrecrt Asphalt or con -
ccete spreadtn; (tahln& or-flnishlnEj, Asphalt
pavlng cschlnc (8arb.r Crerna or slnllar Cypeft Balc apllccr or vulcanlxcrl DIIL LI+u road pactor
Yscncr Paccor or mlmllarl Drldge cran-i 6rld~e
type unlo8dcr 6 turncablr; Cast-in-place pipe Iaylrg fachinmi Cablnaclan nlxcr 6 compressor (;u,.ltc vork)I Concreca nlxrr-pavings Crane (up
to b incl. I5 ton crp - long boon pay appllcablr Crwrhlng planti Deck cntlnc Drll1 doctor; Llcv-
mtinp gradrr] ~orkllft (war S cons); Gradall;
Crade chrckarl Croucing Mchln.1 Hcadtng shleldy
Reav). duty rrpiruni Hoist (slngIe drum-buck hotsc- Chlcago born 6 8hllar typr)l Holst (2 or 3 drus)] Eolmn belt loader 4 riatlar Lype; Lb-
tourmau blob coapctor cr rlcallrr typey Lift soblley Llfc slab urchfna (Vagrborg 6 rfnllar
types)i !?#cerlaI holst [I drum) j lucklnp machina
(kyd -rub5cr-clred, rat1 or track typc)~ PlIe
(Rackley-Press.de11 cr slmilar t).pe)j Pneumatic
heating shleld (Tunnel); Pucpcrccr gun; Rotary drlll (CUI. Calsson Cypc)j Rubber-tired earth movlng e<u!prrcnt (ringlc cnpine.Crcer?illcr, Euclid. Achy wagon. Water Pulls 4 sinilac type# vlth any h all rccachr~n:8 up to 50 CU. ydi. struck); Rubbrr-rlrcd scraper (seIf-loadlng pidd vhccl type-John Deer.. IOSO 6 rlnllar ringla uni SWploadrr (wheel or track type. over 1b yds up to 6 Incl. S\ yds)i Surface t.c,rcerr 6 plrncrj Tractor CarFcqssor drill combloation; Tractor (Bull dorcr. Tc-Jpar, Scraper 6 Push Tractor. rlngtc cngfnc): Trcnchln: uachlne (over 6' .depth
(10 to 33 tons); Unlwrral equlpz8cnt (Shovel.
8acL\oc, bratlb-tc, Clushcll, up to 6 hcl. 1 cu
. driucry Pneuruclc eoncr:ce placin?, lrvchinc
, cap., ornulaccurera rotlny.); Tunnel locmtire
).de !SC) (lofig bo00 appllcabl.)
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Craon tower 25 cons up to 6 incl. 100 to8 FIX) I
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flat.: 5s;z pf appilcrorc): Derrlck hartti Dual I . dM olrtr; HolrL (2 or 3 drua w/bom rttachnrnt)~ Xolrt (Stltr Iqi, Cuy Derrlckr or slnllar typ4
a2 to IC0 ton up-Oller or long bQo4 pay appllcr- blr): Lordcr (Athey, tuclfd. Sierra of sloilar
type): Yanoral1 locoaotlvc (Dfescl, gar or d4c- trlc); Xctor patrol - Blrdc; bultK71e anylnc tractor (Euclid 6 sinllar cype. cxs.~c
Quad 9 cec)~ Party chlefc Rubber-tired earth
moving c:ulpmenc (?fr;ltfpla enzinc. Luclld. Cree*- pi1l.r b slollmr type up to 50 CU. yds. reruck)] Tractor (boa actachracnrs -over 40' boodr tract- or lordcr (Cravlcr 6 vhccl cypa over 6b yds)l
twer crane (2 opr. required18 tower crane repair. uns Universal cquipmcnt (Shovel, Backhoe, Drag- line, Clam8hcll, over 1 Cu. yd. K9C); Wsldcr (heavy duty rcpalrun) cornhination; Wood alxcr
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Auto ((raderj Autmtic mLYp form Crane-over 100
Con8 (long boon pay appllcablr); Holre-(StltC le&#. Cut Derrlcks or similar type.. caprbla of holrrlng over 100 tons-long boco pa)' appl lCJbl.)#
Mamr axcavator (less than 759 CU. ydr); Kecbanlcal flnlshlng rachinal Hob110 form trnvelert Hotor patrol (nJlci-cnpfna); Plpc nobllc wchfnc; Aubbe tired ew:h revIn8 cqulplenc (Xultfp.1 ensfn., .
tuclld. Csrcrptllnr and rimllar type- owr 50 cy. struck), Rubber-c lrrd rcraprr (purhing one *nocbw,
Wlo ?uSh Cat, Push-Pull - $.:O p!h 4ddl:lOMl to base .ace): Rubbcr-clred *-If-Ioodirg scraper
<?addla vhccl4uncr C7p6 sa&f-loadlnc:, 1 or more unlcd; Tandst. equiprent (2 unfzs on1y)y Tandem
Cractor (Quad 9 or alollat type) (Arc. XV-V.lO.)t
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Tunno1 nola burinc MCbfM 7.35
GRUJ? YX Canal llnrr oy.8 Qnal Trfmet op.; He1fcop:ar -
pilot; tllghllna cableway1 Imorc conrrolled earth J. WvInc .qu(pnanc ($1.00 o/h addltlonrl LO bar.
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Iracbecn; Suaver (brrkemon & rvttcbn
or runncl work)
. ~C.T strcets, hithways & sim. placer;
CWITE VORKERSI Uoarlcnen and Rodmen
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Ecakcmnr ComFressuc Cnrlnccr oiler: Crnrrrcorr .-
liravy duty rcpnirmn hclpcr$ Punpi tl~nolmn; Switchu .
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Concrete rixer. sklp type; Convcyoct Itrrrrin: Can *ra&or, pump or canprrswx, 2-3 lnclurlvc. llydro rtrttc pump; Plant op., Cencracor, pwp or-
firram) Tetuporscy hertlng plant; Trenchha m- sttrchmrnt.l Solla firld ccchnlclrna: far pot
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sor; Skiploadcr - L'hrrl type up to )/I yd.
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concrcte plrnr); Povcr concrete curlng aachlne op.) Cover concrcte aau; Povrr-driven Jumbo Lorn
chinel Truck crane,oiler * setter: Stattonrry piyr wapping cleaning m-
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Asphalt plrnt Ciremn; IorIng -chine; Chip spread- lng machine: Concrete pwp: Concrete pimp (truck moun<cd)i Dlnkj loconorlve or netormn (IO ton); Urliceptrr hoiit; Mclicrptcr radl-n: HIEhllne
tebltway sfpnalnun; Pourr suaepcr: Screed; Rod- un L chetnnuns trcnchtng machine (up co 6,)
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h-lrdne rlnch truck$ Aapli*lt plant or concrete -
batch plaint1 A*.phaIt ryrcadlnfi mathine (spreader bar h aIn1lnr)l Bit rbrrrrnrr; Boxran or mlrcr- ran (Asphalt or Concrrcr); Concvtr Jolnc nxhine
(Cana1 c rtmilnr typr); Concrete rlancr; Drilling ptchtnr (waccr wells); CFuipnent Frrasrr (nobile L fvnsc ratk); Tord Fcrpison or sinllar cypc (ut Ira# type artachnrnts)l iorklifc (under '5 ion
rnprc1ty)l IIyCCr-l~rmer-Acro sronpcr Ilydrorr >phi,: serdtr wchlnc (straw, punp or srcd): Inatuurrnc- mri; tl.1chliir toul; th,:lnnAi lntcrnnl full slab rlbrarors Mrchanlcrl bcrn, curb or r.uttcr (con- Crece or asphalt)) Wcchantcil flnlrhcr (concreto,
C Lary-Johnson-8 ldue 11 or sl ml I a r ) : PA vcscnc brcakcr (truck nounccd)i Ro?d 011 nixlnl: wuchlne:
piprltnln& mvchlnei Skiploader (whcel or track cy 0
lo1 lcr; ha carrier (jobnice 1; Sel f-propel I md ta
aver )IC yd up ts b incl. I\ yds); Sllp fora pump <panr-&ivrn hydraulic llfclnp dark* for con-
creta Corms)% stlnpr cranr (Au#tin- Ursrern or
.l*ll.; type): Travelin8 pip. wa:plng. clcanlng 'i bendin8 mrckinml Truck type lode*# TWa** h*i*t 1
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rata for 6 amnth8 LO 3 ytarr' sewi
b. 80 hours' pald vacation after 1 yea Ramlfutlon, after 30 days' conch rated at l5GZ of one hour's pay fol
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f SECTION 5. - ' -, x
SECTION 5-2. FEDERAL MINIMUM WAGES .'
5-2.01
The U. S. Department of Labor has issued Decision No. AN-2526
Minimum Waqes.--Attention is directed to Section 6, , Federal Requirements, of .these special provisions.
. '.
dated 913-71 , constituting predetermination of the basic
hourly wage rates and fringe benefit payments, prevailing in the immediate locality, for the labor classifications listed below:
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EXH I B IT "A"
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.. ,-
RESOLUTION NO. 2095
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD FJAIVING DEBT LIMIT REPORT UNDER
THE SPECIAL ASSESSMENT INVESTIGATION, LIMITA-
TION AND MAJORITY PROTEST ACT OF 1931
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. The petition filed in these proceedings by owners of
property proposed to be assessed is made by more than 60% of the
area to be assessed and such petition waives any investigation
proceedings required by the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931,
2, The City Council finds that no debt limit report as
required by such Act is necessary in these proceedings and waives
the making of any such debt limit report.
PASSED, APPROVED AND ADOPTED by a 4/5 vote by the City
Council of the City of Carlsbad at a special meeting held
September 29 , 1972, by the following vote:
AYES: Cmn. McComas, Lewis, Frazee and Chase.
NOES: None n -
ABSENT: Cnn. Dunne.
ATTEST :
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3025.259
2096 RESOLUTION NO.
A RESOLUTION OF TBE CITY COUNCIL OF THE CITY OF CARLSBAD DECLARING ITS INTENTION TO ORDER
CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS
AND APPURTEPIANT WORK, INCLUDING THE URDERGROUND-
ING OF OVERHEAD ELECTRIC AND C0,YMUNICATIOlJ FACILITIES, DESCRIBING A PROPOSED IMPROVEMENT,
SPECIFYING THE EXTERIOR BOUNDARIES OF TXE DIS-
TRICT TO BE BENEFITTED BY THE WORK AND TO BE
ASSESSED TO PAY THE COST, DETERMINING THAT
BONDS SHALL BE ISSUED TO REPRESENT ASSESSMENTS
TO BE LEVIED, PROVIDING FOR THE DISPOSAL OF
ANY SURPLUS REMAINING IN THE IMPROVEMENT FUND
AFTER COMPLETION OF THE IMPROVEMENT
CANNON ROAD 1F;PROVEMENT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
1. The City Council proposes to take proceedings under the
Municipal Improvement Act of 1913 (Division 12 of the Streets and
Highways Code of the State of California) for the construction of
certain street improvements and appurtenant work within the City
of Carlsbad and at the same time to take proceedings under Chapter
28 of Division 7 of the Streets and Highways Code of the State of
California, Section 5896.1 et seq. for the undergrounding of cer-
tain overhead electric and communication facilities within an
.underground utility district.
2. The public interest and convenience require and it is the
intention of the City Council to order the following work to be
done or improvements to be made and installed in the City:
gutters, pavement, sidewalk, sewer, water, drainage facilities,
street trees, ornamental street lights and appurtenant work, on
Cannon Road and Agua Hedionda Road from Carlsbad Boulevard to the
tree row approximately 600 feet east of Interstate Highway No. 5,
with the street opening to be 102 feet of right of way width and
a curb to curb width of 82 feet, except as modified by the Enginee
in the existing right of way. In addition overhead electric and
communication facilities within the Underground Utility District
No. 1-1970, as shown on Exhibit A to the Resolution creating such
underground utility district, shall be completed.
Curbs,
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2
3
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29
30
31
32
3. The City Council makes the expense of such work charge-
able upon the district, which district the Council declares to be
the district benefitted by the work and to be assessed to pay its
costs.
map of the district on file in the office of the City Clerk and
designated "Assessment-and Diagram for Cannon Road Improvement
District 1-1970", which indicates by a boundary line the extent
of the territory included in the proposed district and which shall
govern for all details As to the extent of the assessment district
For a description of the district reference is made to a
4. It is the intention of the City Council to enter into an
agreement with The Pacific Telephone and Telegraph Company and wit
--
the San Diego Gas and Electric Company for their conversion of the
overhead electric and communication facilities and the underground
ing of those facilities and for transfer of title to those facil-
ities to the respective utility systems, to be maintained by them
as part of their systems.
5. The City Clerk is directed to give notice by mail to all
owners within the underground utility district advising them of
.the provisions of Streets and Highways Code Section 5896.14 and
10102.1, requiring that any written request by an owner for inclu-
sion in the improvement contract shall be filed with the Clerk not
later than the time set for hearing on the report prepared by the
Engineer under the Municipal Improvement Act of 1913.
6. Serial bonds bearing interest at a rate not to exceed 7%
per annum shall be issued to represent each assessment of $50.00
or over remaining unpaid for 30 days after the date of recordation
of the assessment.
extending 9 years from the second day of January next succeeding
the next September first following their date. The bonds may be
redeemed by the owners or any persons interested in any lot or
parcel of land, in the manner provided in the Streets and Highways
Code, at any time before maturity and before commencement of
The serial bonds shall extend over a period
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proceedings for sale, upon payment to the City Treasurer of the
amount then unpaid on the principal sum, with interest calculated
to the due date of the next maturing interest coupon, and all
penalties accrued and unpaid together with a premium of 5% of the
unpaid principal. The bonds are as authorized under the Municipal
Improvement Act of 1913 (Division 12, Chapter 7 of the Streets and
Highways Code of the State of California) and are to be issued
pursuant to the Improvement Act of 1911 (Division 7 of that Code).
7. Assessments under $50.00 shall be subject to the penaltie
and costs and collected as provided for cash assessments in the
Street Opening Act of 1903.
8. The City Council determines that the public interest will
not be served by'allowing property owners to take any portion of
the contract for the work of improvement and all such owners shall
be barred from electing to take any portion of the contract.
9. The work is to be done pursuant to the Municipal Improve-
ment Act of 1913.
10. Any surplus remaining in the improvement fund after the
completion of the work shall be used for the maintenance and opera.
tion of the improvement,
11. Publication of all notices required in these proceedings
shall be made in Carlsbad Journal.
12. Notice is given that on October 30, 1972, at 7:30 o'clocl
p.m. in the Chamber of the City Council, 1200 Elm Avenue, Carlsbad,
California, any persons having any objections to the proposed
work of improvement, to the grade at which the work is to be done
or to the extent of the district to be assessed to pay the costs
and expenses of the proposed work or improvement, or to the extent
of the underground utility district and the work to be performed
within that district, may appear before the Council and show cause
why the proposed improvement should not be carried out in accord-
ance with this resolution. Any such protest must be in writing
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and must contain a description of the property in which each
signer is interested, sufficient to identify the property, and
shall be delivered to and filed with the Clerk of the City .of
Carlsbad, 1200 Elm Avenue, Carlsbad, California 92008, not later
than the hour set for hearing. No other protests will be con-
sidered.
shown on the last equalized assessment roll, the protest must
If the person signing the protest is not the owner
be accompanied by written evidence that the signer is the owner
of the property.
PASSED, APPROVED AND ADOPTED by the City Council of the City
spectal of Carlsbad at a ~R~)(IZ&X meeting held September 29 , 1972, by
the following vote:
AYES : Councilmen McComas, Lewis. Chase and Frazee.
NOES : None
ATTEST:
1
1
1
1,
18
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1'
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2:
24
25
26
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.-
RESOLUTION NO. 2097
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD CALLING PUBLIC HISARING ON ESTABLISHMENT OF UNDERGROUND UTILITY
DISTRICT NO. 1-1970
CANNON ROAD IMPROVENEXT DISTRICT 1-1970
The City Council of the City of Carlsbad resolves as follows:
RECITALS :
1. Ordinance No. 7037 of the City of Carlsbad provides for
the calling of public hearings to ascertain whether the public
health, safety or welfare require the removal of poles, overhead
wires and associated overhead structures and the underground in-
stallation of such wires and facilities for supplying electric or
communication service.
2. The Council believes that the area described as Cannon
Road from a point 10 feet westerly of the westerly boundary of the
Atchison, Topeka and Santa Fe Railrosd easement to the center line
of Carlsbad Boulevard, as more particularly delineated in Exhibit
A attached and made a part of this resolution is an appropriate
area for consideration under Ordinance No. 7037.
NOW, THEREFORE, BE IT RESOLVED:
1. The City Council of the City of Carlsbad calls a public
hearing for October 30 . , 1972, at the hour of 7:30 P.M., in
the Council Chambers in the City Hall, Carlsbad, California, to
3scertain whether the public heath, safety or welfare require the
removal of poles, overhead wires and associated overhead structure
2nd the underground installation of wires and facilities for
supplying electric, communication, or similar or associated ser-
rice, within that certain area of the City described as: Cannon
ioad from a point 10 feet westerly of the westerly boundary of the
Ltchison, Topeka and Santa Fe Railroad easement to the center line
)f Carlsbad Boulevard, as more particularly delineated in Exhibit
I attached and made a part of this resolution.
.
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2, The City Clerk shall notify all affected property owners
as. shown on the last equalized assessment roll and all utilities
concerned by mail of the above time and place of hearing, at least
ten (10) days prior to such date.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held
the following vote:
September 29 , 1972, by
Cmn. McComas, Lewis, Frazee and Chase AYES :
NOES : None
ABSENT : Cmn. Dunne.
n ATTEST :
MARGA’gET E. ADAMS
NOTICE OF PUBLIC HEARING
PUBLIC HEARING ON PROPOSED ESTABLISHMENT OF UNDERGROUND UTILITY DISTRICT NO. 1-1970.
CANNON ROAD 1MPROVEM.ENT DI.STRICT~ 1-1 970
The City Council of the City of Carlsbad has called a Public Hearing for October 30, 1972, at the hour of 7:30 P.M., in the Council Chambers in the City Hall, Carlsbad, California, to ascertain whether the public health, safety or welfare require the removal of poles, overhead wires and associated overhead structures, and the underground installation of wires and facilities for supplying electric, communication or similar or associated services, within that certain area of the City described as follows: Cannon Road from a point 10 feet westerly of the westerly boundary of the Atchison, Topeka and Santa Fe Railroad easement to the center line of Carlsbad Boulevard. Reference is made for further parti- culars as to the extent of the Underground Utility District to a proposed map on file with the City Clerk, which is also attached as Exhibit A. to the Resolution No. 2097, which calls for this Public Hearing.
You are given notice that such hearing shall be open to the Public and that all persons interested in the proposed Underground Utility District shall be given an opportunity to be heard.
Dated: Septe-mber 29, 1972
ADARS6 City CTerk
3025.259
NOTICE TO OWNERS UNDER STREETS AND HIGHWAYS CODE SECTIONS 5896.14, 5896.16 and 10102.1
Notice is
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
given that subject to applicable rules, regulations, tariffs or ordinances, all electric or-communication facilities, in- cluding connections to your premises, located upon any parcel of land within the underground utility district which the City' Council proposes to create and for which a hearing as to creation of the district will be held on October 30, 1972, at 7:30 p.m. in the Council Chambers,
1200 Elm Avenue, Carlsbad, California, shall be constructed, recon- structed, relocated or converted by the owner of such parcel at his own expense.
However, you may elect to have such work performed by the San
Diego Gas & Electric Company or the Pacific Telephone Company, public
utilities which shall be performing the conversion work, and you may
elect to have the cost of the work on your parcel included in the assess- ment to be levied on your parcel. To make this election, you must execute a written request and file it with the City Clerk of the City of Carlsbad and you must authorize such public utilities and their officers, agents and employees, to enter upon your parcel for such purpose and you must waive any right of protest or objection in respect of the doing of the work and the inclusion of its cost in your assess- ment.
Such written request must be filed with the City Clerk not later
than the time set for hearing on the report of the Engineer under the Municipal Improvement Act of 1913, which is now set for October 30, 1972, at 7:30 p.m. If you do not perform the construction work your- self and if you fail to file a written request that such public util- ities perform the conversion work on your parcel and that the cost be included in the assessment to be levied on your parcel, then all build- ings, structures and improvements located upon the parcel will be sub- ject to disconnection from the electric or communication faciliites now providing service. You may file a written request referred to above, by signing this notice and filing it with the City Clerk prior
to 7:30 p.m. on October 30, 1972. A return envelope for this purpose is enclosed for your convenience.
Dated: September 29, 1972.
the kiyy of Carlsbad, California
Pursuant to Streets and Highways Code Section 5896.14, I re- quest that San Diego Gas & Electric Company-:and Pacific Telephone Company perform the conversion of overhead electric and communica- tion faciliites to underground, subject to the supervision of the City Engineer of the City of Carlsbad, and that the cost of such work be included in the assessment to be levied upon my parcel.
NOTICE OF ADOPTION OF RESOLUTION OF
INTENTION FOR CONSTRUCTION OF CERTAIN
STREET IMPROVEMENTS AND APPURTENANT
WORK WITHIN THE CITY OF CARLSBAD:
FILING OF REPORT AND TIME AND PLACE OF HEARING ON REPO.RT.
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
Notice is given that the City Council of the City of Carlsbad
on September 29, 1972, in proceedings under the Municipal Improve- ment Act of 1913 (Division 12 of the Streets and Highways Code) adopted its Resolution of Intention No. 2096, declaring its inten-
tion to order the construction of certain street improvements and
appurtenant work within Assessment District No. 1-1970, Cannon Road,
et al., within the City of Carlsbad, and ordering the Engineer of
Work to prepare his report as required by the Municipal Improvement
Act of 1913.
Notice is given that the Engineer of Work has filed his report
and that the report was presented to the City Countil and approved at a hearing on September 29, 1972.
Notice is given that October 30, 1972, at 7:30 P.M. at the Council Chambers in the City Hall, 1200 Elm Avenue, Carlsbad, California, is the day, hour and place for hearing on the Resolu- tion of Intention and on the report, and when and where any and all persons have any objections or protests to the proposed improvement,
the extent of the assessment district or to the proposed assessment,
may appear before the City Council and show cause why the work should
not be carried out in accordance with the Resolution of Intention and
the report. Any person interested may file a protest as provided in
the Municipal Improvement Act of 1913. All protests must be in writing, describe the property owned by the signer and be filed with the City Clerk not later than the hour set for the hearing.
The total estimated cost of the proposed work, including inci-
dental expenses, is $281,926.54, the amount which is estimated to
be assessed to owners within the proposed assessment district.
Reference is made to the Resolution of Intention and the report
on file with the City Clerk for description of the work and of
the assessment district and for further particulars.
The sum of $ is the amount proposed to be assessed against the following property, which you appear to own.
Assessment No,,
City' o;f/Carlsbad, California'
,-
NOTICE OF ADOPTIOTI OF RESOLUTION OF INTEMTIOlJ FOR CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS AND APPURTENANT NORK WITHIN THE CITY OF CARLSBAD: FILING OF REPORT AND TIfrlE A13D PLACE OF HEARING ON REPORT.
I
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
.-
Notice is given that the City Council of the City of Carlsbad on September 29, 1972, in proceedings under t'he Municipal Improve- ment Act of 1913 (Division 72 of the Streets and Highways Code) adopted its Resolution of Intention No. 2096, declaring its inten- tion to order the construction of certain street izprovements and . *appurtenant work within Assessment District No. 1-1970, Cannon Road, et a1 . , within the City of Carlsbad, and ordering the Engineer of Work to prepare his report as required by the Municipal Improvement Act of 1913.
Notice is given that the Engineer of Work has filed his report and that the report was presented to the City Countil and approved at a hearing on September 29, 1972.
Notice is given that October 30, 1972, at 7:30 P.M. at the Council Chambers in the City Hall, 1200 Elm.Avenue, Carlsbad, California, is the day, hour and place for hearing on the Resolu- tion of Intention and on the report, and when and where any and all persons have any objections or protests to the proposed improvement, the extent of the assessment district or to the proposed assessment, may appear before the City Council and show cause why the work should nz-i. be carried cct in accordance with the Resolution of Intention and the report. Any person interested may file a protest as provided in the Municipa? Improvement Act of 1913. All protests must be in writing, describe the property owned by the signer and be filed with the City Clerk not later than the hour set for the hearing.
dental expenses, is $281,926.54, the amount which is estimated to be assessed to owners within the proposed assessment district. Reference is made to the Resolution of Intention and the report on file with the City Clerk for description of the work and of the assessment district and for further particulars.
The total estimated cost of the .proposed work, including inci-
The sum of $ 201.43 is the amount proposed to be assessed against the following property, which you appear to own.
Assessment No. 2
e -. .
NOTICE OF ADOPTIOFI OF RESOLUTION OF INTEMTION FOR CONSTRUCTION OF CERTAIN ST R E ET I 1.1 P R 0 V E fl E PIT S A N 0 A P P U RT E MA id T WORK WITHIN THE CITY OF CARLSBAD: FILING OF REPORT AND TIME AND PLACE
. OF HEqRING ON REPORT.
CANNON ROAD IMPROVEMENT DISTRICT 1-1 970
Notice is given that the City Council-of the City of Carlsbad on September 29, 1972, in proceedings under the Municipal Improve- ment Act of 1913 (Division 12 of the Streets and Highways Code) adopted its Resolution of Intention No. 2096, declaring its inten- tion to order the construction of certain street improvements and appurtenant work within Assessment District No. 1-1970, Cannon Road, et al., within the City of Carlsbad, and ordering the Engineer of Work to prepare his report as required by the gunicipal Improvement Act -of 1913.
Notice is given that the Engineer of Work has filed his report and that the report was presented to the City Countil and approved at a hearing on September 29, 1972.
Notice is given that October 30, 1972, at 7:30 P.M. at the Council Chambers in the ’City Hall, 1200 Elm Avenue, Carlsbad, California, is the day, hour and place for hearing on the Resolu- tion of Intention and on the report, and when and where any and all persons have any objections or protests to the proposed improvement, the extent of the assessment district or to the proposed assessment, may appear before the City Council and show cause! why the work should not be carried out in accordance with the Resolutiion of Intention and the report. Any person interested may file a prozest as provided in the Municipal Improvement Act of 1913. All protests must be in writing, describe the property owned by the signerr and be filed with the City Clerk not later than the hour set for 5k hearing.
The tokal estimated cost of the proposed mrk, including inci- dental expenses, is $281,926.54, the amount which is estimated to be assessed to owners wl‘thin the proposed assessment district. Reference is made to the Resolution of Intention and the report on file with the City Clerk for description of tk work and of
the assessment district and for further particulars.
against the following property, which you appear go own.
Assessment No. 3
The sum of $201.43 is the amount prowsed to be assessed
..
. ADAMS, C‘ity Clerk lsbad, California’
,-
NOTICE OF ADOPTIOFI OF RESOLUTION OF INTENTION FOR CONSTRUCTION OF CERTAIN
STR E ET I M P R 0 V EM E NT S AN D A P P U RT E WANT WORK WITHIN THE CITY OF CARLSBAD: FILIMG OF REPORT AND TIME AND PtACE
. OF HEARING ON REPORT.
CANNON ROAD IMPROVEMENT DISTRICT. 1-1 970
Notice is given that the City Councii.of the City of Carlsbad on September 29, 1972, in.proCeedings under the F'iunicipal Improve- ment Act of 1913 (Division 12 of the Streets and Highways Code) adopted its Resolution of Intention No. 2096, declaring its inten-
'tion to order the construction of certain street improvements and appurtenant work within Assessment District No. 1-1970, Cannon Road, et al., within the City of CarLsbad, and ordering the Engineer of Work to prepare his report as required by the Municipal Improvement Act of 1913.
Notice is given that the Engineer of Work has filed his report and that the report was presented to the City Countil and approved at a hearing on Septenber 29, 1972.
Notice is given that October 30, 1972, at 7:30 P.M. at the Council Chambers in the City Hall, 1200 Elm Avenue, Carlsbad, California, is the day, hour and place for hearing on the Resolu- tion of Intention and on the report, and when and where any and all persons have any objections or protests to the proposed improvement, the extent of the assessment district or to the proposed assessment, may appear before the City Council and show cause why the work should not be carried out in accordance with the iiesolution of intention and the report. Any person interested may file a protest as provided in the f4unicipal Improvement Act of 1913. Ai1 protests must be in writing, describe the property owned by the signer and be filed with the City Clerk not later than the hour set for the heari.ng.
dental expenses, is $281,926.54, the amount which is estimated to be assessed to owners within the proposed assessment district. Reference is made to the Resolution of Intention and the report on file with the City Clerk for description of the work and of the assessment district and for further particulars.
-The total estimated cost of the proposed work, inclu'ding inci- '
The sum of $201.43 is the amount proposed to be assessed against the following property, which you appear to own.
Assessment NO. 10
City' o,f/Carlsbad, -Cal i3ornia'
*
.:,... __ ._ ." _. . ~
.* NOTICE OF ADOPTION OF RESOLUTION
"r- .,...
INTENTION FOR CONSTRUCTIOM OF CERTAIM ST R E ET I M P RO V Et1 E NT S AN D A P P U RT E N A MT WORK WITHIN THE CITY OF CARLSGAD: FILING OF REPORT AND TIirlE AND PLACE OF HEARING ON REPORT.
1
CANNON ROAD IMPROVEMENT DISTRICT 7 -1 970
*. Notice is given that the City Council of the City of Carlsbad on September 29, 1972, in proceedings under the Municipal Improve- ment Act of 1913 (Division 12 of the Streets and Highways Code) adopted its Resolution of Intention Ro. 2096, declaring its inten- tion to order the construction of certain street inprovements and . 'appurtenant work within Assessment District No. 1-1970, Cannon Road, et.al., within the City 'of Carlsbad, and ordering the Engineer of Uork to prepare his report as required by the Ylunicipal Improvement Act .of 1913.
Notice is given that the Engineer of Work has filed his report and that the report was presented to the City Countil and approved at a hearing on September 29, 1972.
Notice is given that October 30, 1972, at 7:30 P.M. at the Council Chambers in the City Hall, 7200 Elm Avenue, Carlsbad, California, is the day, hour and place for hearing on the Resolu- tion of Intention and on the report, and when and where any and all persons have any objections or protests to the proposed improvement, the extent of the assessment district or to the proposed assessment,
may appear before the City Council and show cause-why the v/ork should r,ot Sc carried out ir: accordaRce with the Resclution of Intention and the report. Any person interested may file a protest as provided in the Municipal Improvement Act of 1913. All protests must be in writing, describe the property owned by the signer and be filed with the City Clerk not later than the hour set for the hearing.
The total estimated cost of the proposed work, including inci- dental expenses, is $281,926.54, the amount which is estimated to be assessed to owners within the proposed assessment district. Reference is made to the Resolution of fntentio'n and the report on file with the City Clerk for description of the work and of the assessment district and for further particulars.
against the following property, which you appear to own,
Assessment No. 11
The sum of $201.43- is the amount proposed to be assessed
City' o,f/Carlsbad,-California'
LOT OWNERSHIP IN STREET
ASSESSMENT DISTRICT NO. 1-1970
PARCEL
NO. OWNER
1 S.D.G.& E., 101 Ash Street, San Diego, CA 92101
2 A.T.& S.F. Railroad, 121 E. Sixth St., Los Angeles, 90014
3 A.T.& S.F. Railroad Attn: J.G. Fry
4 S.D.G.& E.
5 Cannon, W.D. Box 532, Carlsbad
6
7
8
9
10
11
12
13
14
15
S.0.G.G E.
Feist, Vetter, Knauf & Loy, 810 Mission, Suite 300, Oceanside, 92054
Ecke, Paul & Magdalena, Box 488,-Encinitas, 92024
Ecke, Paul & Magdalena, Box 488, Encinitas
A.T. & S.F. Railroad
A.T. G S.F. Railroad
Cannon, W.D., Box 532, Carlsbad
Ward, Will iam W. & Susan L., 5080 El Arbol Dr., Carlsbad
Stephens, Thomas F. & Alicia L., 1660 Brahms Rd., Cardiff,32007
Poggemeyer, Lewis E. & Aurel ine M., 5050 Los Robles Dr.,/Carlsbad
16 McAdams, John W, JI G Belva L., 5051 Los Robles, Carlsbad
17 McAdams, John W. IC & Belva L., 5051 Los Robles, Carlsbad
LOT OWNERSH I P
UNDERGROUND ASSESSMENT D I STR I CT NO. 1-1 970
Parcel
No. Owner Address
1 S . D .G . &E.
12 Cannon, W.D.
101 Ash Street, San Diego, CA 92101
Box 532, Carlsbad
13 Ward, William W., & Susal L 5080 El Arbol Dr. , Carlsbad
14 Stephens, Thomas F. & Alicia L
1660 Brahms Rd., Cardiff, CA 92007
Poggemeyer, Lewis E. & 5050 Los Robles Dr., Carlsbad 15 Aureline M. -
16 McAdams, John W. I I & 5051 Los Robles, Carlsbad Belva L.
17 . McAdams, John W. II & 5051 Los Robles, Carlsbad Belva L.
..
4
..I
I authorize such public utilities and their respective officers,
agents and employees to enter upon such parcel for such purpose and
I waive any right of protest or objection in respect of the doing of the work and the inclusion of its cost in the assessment.
Dated:
OWNER:
.
(If husband and wife, both must sign.)