HomeMy WebLinkAbout1973-03-20; City Council; 811-2; Highland Drive Sewer Assessment District AD2-1969Agenda Bill :io. Date: March 20. 1973
Reftrrsd To:
Subject : i Submitted By:
Pub1 ic Works Di recto Highland Drive Sewer Assessment District AD 2-1969
Pub1 ic Hearing - Final Assessments
Statement of the Matter
The Work has been completed for subject district.
The final assessment roll has been filed in the Office of the City Clerk
by the Superintendent of Streets.
Notices have been published and mailed to the property ownem as required
by law,
Yritten protests have been’received as follows:
Mr. Jud Naiman, Assessment Engineer, is present to answer questions
concerning the assessment.
After the hearing is closedsthe Council may take appropriate action.
Exhibit
1 Res. No. 3@f% A resolution confirming assessment, Assessment
District AD 2-1969.
2) Written protests.
St2ff Recommendations
Adopt Resolution NO.
D i st r ict 2-1 965. 3 b 92 conf irrning the Assessments for Assessment
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AB No. Da tc: March 20, 1973
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City Manager's Recommendation
Concu-r .
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the No: adopted,, confirming
Assessment District
Co unci 1 Ac ti on
for assessment
2-1 969. 3-20-73 Resolution #3092 was Highland Drive sewer
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3025.263
RESOLUTION NO. 3092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD CONFIRMING ASSESSMENT
ASSESSMENT DISTRICT NO. 2-1969
The City Council of the City of Carlsbad, California, finds
nd resolves as follows:
1. There has been filed with the City Clerk an assessment
o represent the cost and expenses of the work and improvement done
ursuant to proceedings taken under the provisions "Of The Improveme
et of 1911" (being division 7 of the Streets and Highways Code of
he State of California) and pursuant to resolution of Intention
0. 1988 , adopted On aril 18.1977
2. The City Clerk has given notice in the manner provided by
aw of the filing of this assessment and of the time set for hearin?
3. The City Council is satisfied as to the proper completion
f the work and of the spreading of the assessment.
4. Such assessment and diagram, the proceedings leading up to
hem, and all acts and determinations of all officers of the City of
arlsbad California in relation to the work done and to that assess-
snt and the diagram attached to it, are hereby ratified and con-
irmed and the Superintendent of Streets is ordered to attach to SUC
ssessment a warrant in the manner and form provided by law, such
nrant bearing the date of this Resolution, and is further ordered
2 deliver such warrant, diagram and assessment to the contractor, o
ts assignee, as the case may be, forthwith upon payment of the
icidental expenses due on the warrant.
PASSED, APPROVED AND ADOPTED at a meeting of the City Council
f the City of Carlsbad, California, held March 20, 1973, by the
>llowing vote, to wit:
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?zso? uti on ire. 3092
AYES: Counci'imen Dunnc, McComas, Lewis and Frazee.
NOES: I'lone.
ABSENT: Councilman Chase.
TTEST:
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Total Inoidental Expenaea
Total Cost
Leas Amount to be paid bylh#AXud.X~#b@
Total Asaessment
..- %4%4Lhl
I7AJ.5 6,6 2
->Ab b 6.0 0
J 6 9riISh62
1 In tho Platter of the improvement of Htghland Drtw S.rers (Aaaeasrent DIstrlct Yo. 2-1969)
, State of California, aa
provided for in Resolution of Intention No. 1988 , ‘passed by the CftU cowwit , of said
Cf ty on the 18th day Of April , 19 72 : FWsuant to and in aooordanoe with
San Ddogo in the City Of Carlabad , County Of
the 8tatUte. gImprovement Aut of 1911.. being Division 7 of the Streets and Highways Code of the
State of California,
of the said City I, 8unt.r T. Cook Supertntendent of Strsets
do h6rebp oertify that that aertain aontraot, entered into by and between Don Uubbard Centmeting Coo-- . as oontraotor, and tho SuP*rfnt*nd*nt Of stmet* of anid .I)
City on the 7th day of *ugwt , 19 72 , for uonwtrtwtbn of eertatn
aanftary smrm and appurtenanoes in said CftU above set forth, has been
of raid
City , that the Superintendent of Stroets of said Ctty has aoospted the work
tultilled and performed to the satisfaotion of the Engineer of Work
oontracted for, and that I have estimated upon all lots, portions of lots and parcels of land within
the asseaament distriot described in said Resolution of Intention and shown upon the diagram,
prepared by the City 1Pnptneer
under said contract and to be received by eaoh of said lots. portions of lots and paroela of land
within the said assessment distriot. and as suoh
aarea6 upon the lands in said assessment dist,riot the sum of
and hereto attaahed. the benefits arising from the work performed
Superintendent of Stwets , I do now hereby
SlZty Mine Thousand Four Hundred Ten and 65/100th.- - Dollars ($69+410.65 ) , the said sum being
the total amount due for the worll performed and speoified in said contraat, together with inoidental
expenses. reduced by the sum of $- , to be paid by the .-
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* or Carlabsd
aa follows8 CONTRACT COST
And I do hereby assess suoh total sum of (ul0.65 upon the several lots. portiona
or lots and pnroels of land In aeid asaessment distriot benefited thereby, to-witr upob eaah respea-
tively, in proportion to the estimated benefita to be reoelved by eaoh of said lots. portions of lotr
and paroels of land. 6s followsl
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J#W.IS. .IN.mOI. CO LO. AN01L.a CMI.7 .W.gT COWTmICTOI. I.....L)e*. - VVIY CL a
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54 a8 .horn on the ahended Nap of A~wewwrmt Dtetrfct No. 1-1969" a8
fild in the Offfoe of the oounty recorder of Son Dteva County,
Caltfornta, on the 7th doy of February, 1973, Ftle No. 73-0J4264.
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TOTAL ASSESSMENT
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ASSESSMINT
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lotios is hereby given that serlal bonds, besriw interest at the rate of aavan per oent per annum. Md wxtendirw over a period ciiding &ne riMt rollowlug thulr dote. will be issued horouider ia the mnnner provided by the Improvesoot Aot of 1911, being Division 7 of the Streets 8nd Highways Code or the State or Colifornio. to represent eaoh asmssment of Fifty Dollars
[$W.OO) or more rumoining unpaid ror thirty dny~ after the dote or reoordiug tho warraut hereto attaohed.
Yeor3 fro? the Seaand dny of Jnriunry rruxt suoooodilrC3 the next September
Dated at Carlabad Colirornia. this 25th day or *
42LS-42bcL /. <-
Pursuant to the provisions of Section 6464 of said Division 7.
the redemption provisions of said bonds shall provide for a
premium of five per cent (5%) of the unmatured principal of
said bonds. 1Puntar r. Cook-Superintendant of Streeta
mIIBWINQ DEPARTUENT. CVd , California. me atatement of quantities and oharaoter or work done under the oontraot ror the improvenmnt of
Nighland Drtva Sawr. (Aaeasssant Dtatrlct Yo. 2-1969)
under Resolution of Intention No. 1988 ore as shorn on page one or this assessment. Said work has been done aooord- in# to the plans. specifications. ond lines and grades given by me and the diagram or the assessment district aorreotly
ahOTS OMh separate lot. portion of lot and pareel of land Included Tithinthe exterior boundaries ai said assessment distriot. fl GsukG?*/
Hunter T. Cook-Engineer of Work
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I CWmm that tb roregoing prooeedinea and assessment were ooniimed by the City CounufZ *
or th. Cttu Cmrlwbad I this - day of . 192L
BY VlRM REREOF. I. Bunter T. Cook , Superintendant of Street. of the Ctty of Carl abad in ma as said , County of Son Diaso , and State of California. by virtue of the authority vested Superintendant of Streata , do authorize and empower Don h'ubbard Contracting Co.-- --
-Chaff agents or assigns. to demand and receive the several assess- WntS upon the assessment and diagram hereto attached. and this shall bet= warrant ror the ~(11~.
The toresoins assessment. together with
Dated at Carlabad California, this day or ,19L+
its diag& ind attached-warrant was
in the orfioe or the Superintendent of Street..
RECORDED at .- o'oln?k. _. Y., this day or , 19E Wuntar h Cook-superintendant of Streata
Countersigned by
Ma#or or Citg Clerk Bunter T. Cooh-Superintendant of Streeta
*Muat be same date
.
Assessment District No, 2- 1969
Sewers
INSTRUCTIONS FOE HEARING opr ASSESSEIE~UT
(1) Mayor announces: "The hour of 7:30 o'clock P.M. having arrived this is the
time and place fixed for the hearing of protests, objections or appeals in
respect of the assessment proceedings, and work under and pursuant to Resolution
of Intention, Resolution No, 1988 , and the Improvement Act of 1911.
(2) - Clerk presents the affidavits of publication, mailing and posting notice of
hearing on assessment
(3) Clerk - reads in full all written protests filed with Clerk.
(4) Mayor asks: "Does any person who has filed a written protest, or his repre-
sentative, desire to be heard in support of such protest?
responding) ,
(5) Mayor asks:
responding.)
(Hear all persons
"Does any person wish to make an oral protest?" (Hear all persons
(6) All persons having been heard and there being no other persons present
indicating a desire to hear or be heard, Council adopts resolution confirming
as E essm en t ,
NOTES : -
(a) Minutes should show that Clerk read all written protests, giving name
and addresses of protestants. Minutes
oral protestants, including a very brief resume of oral objections,
should show the names and addresses of all
(b) After the confirmation of the assessment by the City Council, (1) the
Mayor and (2)the Superintendent of Streets should sign the warrant and date it,
Thereupon, the Superintendent of Streets will record the warrant, diagram and
assessment in his office. This should be done on the same date as the date of the
warrant ,
(c) The City Clerk should execute and make a demand for incidental expenses
not previously paid and deliver such demand to the Superintendent of Streets; the
Superintendent oE Streets upon receipt of incidental expenses will receipt therefore
at the bottom of the demand.
the warrant and assessment, and has paid all incidental expenses not previously
pald, the Superintendent of Streets should deliver the Warrant, diagram and
assessment to the Contractor or his assignee,
At such time as Contractor or his assignee demands
(d) For a period of thirty (30) days following the recordatidn of the
assessment, the property owners may pay the assessments in cash without interest.
All assessments not paid within the 30-day period will go to bond, i*e., a bond will be issued to represent the said unpaid assessment and the bond will be
delivered to the Contractor, or his assignee. During the 30-day period the
Contractor or his assignee, will mail individual bills to each property owner
stating the amount of the assessments, The property owners may make payments on said assessments to the Contractdr's assignee.
directly to the Superintendent of Streets. Payments may also be made
Affidavit of Publication
STATE OF CALIFORNIA 1
County of San Diego f
I. r . ...................................-.............................at .................................. says that she is the Principal Clerk
of The Carlsbad Journal, a weekly newspaper of general circulation, printed and published in the
City of Carlsbad, County of San Diego, and State of California, and that the notice of which the
annexed is a true copy, was published .....--..--..-..... two times in said newspaper, commencing on the ........-..... 22nd
day of ....._ .................................... EG~ .................. , A.D. 19 JS-, namely on the following dates:
.iOTICE OF FILING OF ASSESSMENT ANDTIME OF HEARING
NOTICE IS GIVEN that there was filed with the un-
dersigned, Clerk of the City of Carlsbad, California, an assessment to cover the sum due for the work and
improvement performed by the contractor under the
provisions of the “Improvement Act of 1911”, refer- ence being made to Resolution of Intention No. 1988
of the City Council of the City of Carlsbad, Califor-
nia, in the matter of the construction of a sanitary
sewer system in Highland Drive, between Elm Ave-
nue and Tamarack Avenue (Assessment District 2-
1969), in the City of Carlsbad, adopted on the 18th
day of April, 1972, for the description of said work ’
and improvement, and of the district to be assessed
to pay the costs and expenses; said assessment being
made pursuant to the provisions of said Act, accord-
ing to the character of the work done, and has attach-
ed a diagram of said district as required by said Act.
Said assessment shows the amount to be paid to
the contractor for said work and improvement con-
traded for and performed, together with all inci-
dental expenses and shows the amount of each as-
sessment against each lot o$ parcel of land assessed
to pay the same.
NOTICE IS HEREBY GIVEN that the 20th day of
March, 1973, at the hour of 7:30 0’ clock P.M., of
said day, is the time fixed by the undersigned Clerk,
when any and all persons interested in the work done,
or in the assessment on file, may appear at the re- 4 #gular place of meeting of the City Council of the City
of Carlsbad, located in the Chambers of the Council,
1200 Elm Avenue, Carlsbad, California, and be then
and there heard by said City Council. Protests or appeals must be in writing and made
to said City Council prior to said time of hearing, in
accordance with the provisions of said Act.
/s/ Margaret $. Adams
Clerk of the City of Carlsbad, California
Pub Feb. 22 and Mar. 1, 1973.
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Signed at Carlsbad, California this ...LSL ............
day of ..........._........_.................. Mar . .......... ...._....... ...-.. -.., I 9 73 .......
I hereby declare under penalty of perjury
that the foregoing is true and correct.
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