HomeMy WebLinkAbout1983-04-19; City Council; 7342; Monroe St. Assessment DistrictCITV ^F CARLSBAD — AGENDA ilLL
MTG..4-19-83
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MONROE STREET ASSESSMENT DISTRICT
DEPT.
CITY ATTY
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RECOMMENDED ACTION:
Adopt Resolution No. 77£3 ordering installation of public
improvements on Monroe Street and instructing the Superintendent
of Streets to give notice and order the construction of such
improvements.
ITEM EXPLANATION:
This resolution orders the improvement of Monroe Street. The
district which involves a single property owner (the owner of
the Carnation Farm) will cause curb and gutter, and sidewalk
to be constructed from the end of the existing curb and gutter
to the existing apartment frontage. Repeated"pieas to the
property owner have produced no results. Staff is, therefore,
proceeding under the State law, which allows the Superintendent
of Streets (the City Engineer) to order such improvements, if
more than 50% of the block already have installed improvements.
FISCAL IMPACT:
The total cost of the District is estimated at $14,693.00. This
includes $2700 incidental expense and $11,930 for construction
and contengencies.
EXHIBITS:
1. Notice to Property Owners
2. Resolution No.7/P3 ordering installation of public
improvements on Monroe Street and instructing the Superin-
tendent of Streets to give notice and order the construction
of such improvements.
NOTICE TO CONSTRUCT IMPROVEMENTS
NOTICE IS HEREBY GIVEN by the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
pursuant to the provisions of Division 7, Part 3, Chapter 27, Sections 5870 and
5899, inclusive, of the Streets and Highways Code of the State of California,
that the public works of improvement as set forth below must be constructed in
front of the property as shown on the map attached hereto in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 83-1
(MONROE STREET)
(hereinafter referred to as the "Assessment District"). All work and materials
used in the construction of the improvement shall conform to the latest standard
specifications and plans of the Engineer.
NOTICE IS HEREBY FURTHER GIVEN that if said construction is not commenced within
sixty (60) days after this Notice is given, and diligently and without interrup-
tion prosecuted to completion, the Superintendent of Streets shall cause the
construction to be done and the costs of said work shall be a lien on the pro-
perty. Said amount, if not paid upon confirmation, shall be added to the regular
tax bills for collection, to be collected over a period not to exceed TEN (10)
YEARS, bearing interest at the rate of SEVEN percent (7%) per annum.
NOTICE IS HEREBY FURTHER GIVEN THAT ON TUESDAY, THE 7TH DAY OF JUNE, 1983, AT THE
HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE LEGISLATIVE BODY,
BEING THE COUNCIL CHAMBERS, CITY HALL, SAID LEGISLATIVE BODY WILL HEAR AND PASS
UPON ANY OBJECTIONS OR PROTESTS WHICH MAY BE RAISED BY A PROPERTY OWNER OR OTHER
INTERESTED PERSON LIABLE TO BE ASSESSED FOR THE COST AND INCIDENTAL EXPENSES OF
CONSTRUCTION OF THE IMPROVEMENTS.
NOTICE IS HEREBY FURTHER GIVEN that the estimated cost of the works of improve-
ment as proposed herein and ordered to be done by the property owners is as
follows:
ESTIMATED CONSTRUCTION & CONTINGENCIES: $ 11,930.00
ESTIMATED INCIDENTAL EXPENSES: $ 2,700.00
TOTAL ESTIMATED COST & ASSESSMENT: $ 14,630.00
A permit is required for doing the works of improvement, and reference is made to
the plans and specifications as on file with the transcript of these proceedings
for all particulars as to the construction details.
A general description of the works of improvement is as follows:
The construction of certain curbs, gutters, sidewalks and paving on MONROE STREET
(400 feet of work) commencing at a point approximately 180 feet Northerly of
CHESTNUT.
DATED: . 1983.
SUPERINTENDENT OF STREETS
CITY OF CARLSBAD
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RESOLUTION OF THE CITY COUNCIL ORDERING THE
INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS
WITHIN A BLOCK, AND INSTRUCTING THE SUPERIN-
TENDENT OF STREETS TO GIVE NOTICE AND ORDER
/ THE CONSTRUCTION OF SAID IMPROVEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
:ALIFORNIA, is desirous to institute proceedings pursuant to the
provisions of Chapter 27 of the "Improvement Act of 1911", being
Division 7 of the Streets and Highways Code of the State of Cali-
rornia, for the construction of certain authorized improvements in
a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 83-1
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RESOLUTION NO. 7183
(MONROE STREET)
12 '.(hereinafter referred to as the "Assessment District"); and,
13 WHEREAS, Sections 5875 and 5876 of said Streets and !
14 Highways Code expressly authorizes the Superintendent of Streets
to notify property owners to construct or cause to be constructed
public works of improvement when said improvements have been
constructed in front o.f properties constituting more than 50% of
the frontage in any block; and,
WHEREAS, Sections 5875 and 5876 of said Streets and
Highways Code authorize the legislative body, upon its own motion,
to order the installation of authorized improvements in front of
Droperties, with the costs thereon to be assessed as set forth
under the provisions of said Chapter 27.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
1 DESCRIPTION OF IMPROVEMENT
2 SECTION 2. That the public interest and convenience
3 requires, and this City Council hereby orders the installation of
'4 the following public improvement work:
5 The construction of certain curbs, gutters,
0 sidewalks and paving on MONROE STREET (400 feet of work) commenc-
7 ing at a point approximately 180 feet Northerly of CHESTNUT.
3 PLANS
9 SECTION 3. All of the above-mentioned works of
IQ improvement shall be generally constructed at the grades, along i
11 the lines, between the points, and at the places and in the manner
12 as shown on the plans for said work designated by the number and
13 name of the Assessment District, which said plans are hereby app-
14 roved and adopted. For all particulars as to the alignment of the
35 work and a full and detailed description, reference is hereby made
16 to said plans and specifications on file in the Office of the
17 Engineer.
13 SECTION 4. That the works of improvement, in the
19 opinion of this City Council, will benefit the abutting and front-
20 ing property or properties within said block, and the expenses of
21 said improvement are hereby made chargeable upon the property or
22 properties within the boundaries of the Assessment District, which
23 District this City Council declares to be the area and abutting
24 property or properties benefiting by the work and improvements.
25 ~or a general description of the Assessment District and area of
26 Benefit, reference is made to a map of said District hereto
27 approved, said map identified by the name and number of this
28 Assessment District, and said map shall be kept on file with the
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transcript of these proceedings and open to public inspection.
RESPONSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section 5875
of Chaptej 27 of the "Improvement Act of 1911", it is hereby
declared to be the responsibility of the owner of the lots or por-
tions of lots fronting on the public street where this legislative
body, pursuant to said Section, by its own motion, orders the
installation of the improvement, and the property owners shall
ave the duty and responsibility of constructing or causing the
construction of said improvements in front of their properties
within sixty (60) days upon notice so to do by the Superintendent
of Streets. If the work is not performed by the property owners
within said period, the Superintendent of Streets shall proceed to
:ause said work to be completed.
IMPROVEMENT ACT
SECTION 6. That all of the work and improvements here-
iin proposed shall be done and carried through and financed pursu-
I nt to the provisions of Chapter 27 of the "Improvement Act of
911", being Division 7 of the Streets and Highways Code of the
State of California. For all particulars, reference is made to
said "Act" and the provisions contained therein.
PUBLIC HEARING
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE
H DAY OF JUNE, 1983, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE
REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL
:HAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
FHE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED
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HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE
DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
ASSESSMENT COLLECTION
/ SECTION 8. If the work is done by the City, and if the
assessment cost is not paid upon confirmation of the assessment,
the Street Superintendent shall cause a certain amount of the
assessment to be added to the next regular bill for taxes levied
against the lot or parcel of land. It is hereby. further deter-
mined that the payment of such assessments may be made in annual i
installments, not to exceed TEN (10), and that the payment of !
assessments so deferred shall bear interest on the unpaid balance ;
at the rate of SEVEN percent (7%) per annum. Said interest shall
begin to run on the 31st day after the confirmation of the assess-
ment. All laws applicable to the levy, collection and enforcement
of City and County taxes are hereby made applicable to the above-
eferenced special assessment tax. The obligation shall continue
until all assessments have been made and discharged of record.
NOTICE
SECTION 9. The Superintendent of Streets is hereby
directed to notify the owner or person in possession of the pro-
Derties fronting on that portion of the street in the block where
the work is to be constructed and directing them to construct or i
cause to be constructed the improvements within sixty (60) days
after notice is given, and to diligently and without interruption
jrosecute to completion said work.
A. Notice shall be given by delivering a
written notice personally to the owner or to the person in posses-
lion of the property fronting the improvements, OR by mailing a
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postal card, postage prepaid, to the person at his last known
address as the same appears on the last equalized assessment roll
used for tax collection, or the name and address of the person
owning sucfh property as shown in the records of the City Clerk.
B. The Superintendent of Streets shall
also immediately cause a copy of said notice, printed on a card
not less than eight (8) inches by ten (10) inches in size, to be
posted in a conspicuous place on the property.
C. The Superintendent of Streets shall
cause a copy of the proposed boundary map to be filed in the ji
Office of the County Recorder within fifteen (15) days after the |iI
adoption of this Resolution setting a time and place for public ;i
hearing.
COST ESTIMATE
SECTION 10. The estimated cost of the works of
improvement as proposed udner these proceedings shall be as
follows:
ESTIMATED CONSTRUCTION & CONTNGENCIES: $ 11,930.00
ESTIMATED INCIDENTAL EXPENSES: $ 2,700.00
TOTAL ESTIMATED COST & ASSESSMENT: $ 14,630.00
APPROVED and ADOPTED this 19th day of April
1983.
MAYORCITY OF CARLSBADSTATE OF CALIFORNIA
ATTEST:
CITY CLERK
ITY OF CARLSBAD
STATE OF CALIFORNIA
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STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD,
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being
Resolution No. 7183 was duly passed, approved and adopted by the
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City Council, approved and signed by the Mayor, and attested by
the City Clerk, all at the regular meeting of said City Council
held on the 19th day of April, 1983, and that the same was passed
and adopted by the following vote:
AYES: Council Members Casler, Lewis, Kulchin, Chick and
Prescott
NOES: None
ABSENT: None
ABSTAIN:None
EXECUTED this 20th day of April, 1983, at Carlsbad, California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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1200 ELM AVENUE
CARLSBAD. CALIFORNIA 92008
TELEPHONE:
(714) 438-5621
City of Cartebafc
April 21, 1983
Brown & Nazarek
8950 Villa La Jolla Bank, Suite 2221
La Jolla, CA 92037
Attention: F. Mackenzie Brown
Enclosed for your records, please find a copy of the
following Resolution NO.7183 ^ adopted by the
Carlsbad City Council on APril 19' 1983 .
Sincerely,
LEE RAUTENKRANZ,
City Clerk
LR:adm
Enclosures (