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HomeMy WebLinkAbout1983-04-19; City Council; 7342; Monroe St. Assessment DistrictCITV ^F CARLSBAD — AGENDA ilLL MTG..4-19-83 DEPT EL I1T1EJ MONROE STREET ASSESSMENT DISTRICT DEPT. CITY ATTY QLU Q_ Q. OI -I Oz OO 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 CTATC f\c rut Tcr\r>uT« 1 2 3 '4 5 6 7 8 9 JO 11 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 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 2 3 JO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 3 4 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 i, 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 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 1 2 4 5 6 7 8 9 10 11 12 13 14 15 16 17 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 • , \ 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 18 19 (SEAL) 20 21 22 23 24 25 26 27 28 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 (