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HomeMy WebLinkAbout1983-06-07; City Council; 7342-1; Make findings at Public Hearing Pursuant to CH 27CITY r CARLSBAD — AGENDA ILL MTQ. 6-7-83 TJILB MAKE FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" AND TRANSFER (F FUNDS FOR MONROE STREET ASSESSMENT DISTRICT. CONTRACT NO. 0519-1 DEPT. HD. CITY ATTY. CITY MQR. RECOMMENDED ACTION: Adopt Resolution Nof7£37making findings at public hearing pursuant to Chapter 27 of the "Improvement Act of 1911." Adopt Resolution No.7.£3S"transferring the required funds from the Special Assessment District Account to the Monroe Street Assessment District Account. ITEM EXPLANATION: Pursuant to Section 7 of Resolution No. 7183 adopted 4-19-83, a public hearing was set for 6-7-83 to hear any objections to the proposed improvement to Monroe Street. Resolution No.^g^indicates that the hearing was held pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911" and directs the Superintendent of Streets (City Engineer) to cause the proposed improvements of the assessment district to commence if the district owner does not start the work within 60 days. That 60-day period ends June 25. FISCAL IMPACT: The Engineer's Estimate for this project is $14,630. The cost breakdown is as follows: Construction $11,930 Assessment Legal Fees 500 Preliminary Engineering 100 Assessment Engineering 300 Design Costs 500 Inspection 500 Survey Work 300 Contract Administration 400 Publishing Printing & Mailing 100 Reimbursement of the costs incurred by the City will come from the land owner per Section 8 of Resolution No. 7183. EXHIBITS: 1. Vicinity Map 2. Location Map 3. Resolution No. 7183 ordering the installation of improvements. 4. Resolution No.*%^j^ making findings at public hearing pursuant to Chapter 27 of the "Improvement Act of 1911." 5. Resolution No. 7c?3S""E>ansferring funds from the Special Assessment District Account to the Monroe Street Assessment District Account. ) oo o>fc ocO°- CARNATION PAftM APTS. MAP OP &?QPQS£D OF z. 1 2 3 '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 RESOLUTION NO.7183 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, j ALIFORNIA, is desirous to institute proceedings pursuant to the provisions of Chapter 27 of the "Improvement Act of 1911", being f Division 7 of the Streets and Highways Code of the State of Cali- fornia, for the construction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (MONROE STREET) [hereinafter referred to as the "Assessment District"); and, WHEREAS, Sections 5875 and 5876 of said Streets and Highways Code expressly authorizes the Superintendent of Streets to notify property owners to construct or cause to be constructed publi'c works of improvement when said improvements have been constructed in front o.f properties constituting more than 50% of the frontage in any blo.ck; 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 sroperties, 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 * ;orrect. 1 2 3 '4 c DESCRIPTION OF IMPROVEMENT 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 2. That the public interest and convenience requires, and this City Council hereby orders the installation of the following public improvement work: • The construction of certain curbs, gutters, sidewalks and paving on MONROE STREET (400 feet of work) commenc- ing at a point approximately 180 feet Northerly of CHESTNUT. PLANS SECTION 3. All of the above-mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner as shown on the plans for said work designated by the number and name of the Assessment District, which said plans are hereby app- roved and adopted. For all particulars as to the alignment of the work and a full and detailed description, reference is hereby made to said plans and specifications on file in the Office of the Engineer. SECTION 4. That the works of improvement, in the opinion of this City Council, will benefit the abutting and front- ing property or properties within said block, and the expenses of said improvement are hereby made chargeable upon the property or properties within the boundaries of the Assessment District, which District this City Council declares to be the area and abutting Droperty or properties benefiting by the work and improvements. 7or a general description of the Assessment District and area of Benefit, reference is made to a map of said District hereto approved, said map identified by the name and number of this Assessment District, and said map shall be kept on file with the 2 3 1.0 11 12 13 14 15 16 17 18 19 20 21 22 j23 i 24 25 26 27 28 c <- m 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 have 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 j within said period, the Superintendent of Streets shall proceed to j cause said work to be completed. IMPROVEMENT ACT SECTION 6. That all of the work and improvements here- tin proposed shall be done and carried through and financed pursu- ant 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 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 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 ITHE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED 3 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 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- jment. All laws applicable to the levy, collection and enforcement of City and County taxes are hereby made applicable to the above- referenced 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- perties fronting on that portion of the street in the block where the work is to be constructed and directing them to construct or :ause 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- sion of the property fronting the improvements, OR by mailing a 8 17 18 19 20 21 22 23 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 such 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 Office of the County Recorder within fifteen- (15) days after the adoption of this Resolution setting a time and place for public earing. COST ESTIMATE SECTION 10. The estimated cost of the works of improvement as proposed udner these proceedings shall be as follows 1983 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 U • MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA 24 ATTEST: 25' 26 27 28 CTTTCLERK CITY OF CARLSBAD STATE OF CALIFORNIA 1 2 ,3 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 J. ^ STATE OF CALIFORNIA 18 19 (SEAL) 20" .21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 8 9! 10 ! i 11 12 I 13 14 15 ' 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AT PUBLIC HEARING PURSUANT TO CHAPTER 27 OF THE "IMPROVEMENT ACT OF 1911" WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has instituted 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 California, for the construction of certain authorized improvements in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (MONROE STREET) (hereinafter referred to as the "Assessment District); and, WHEREAS, Notice has been given in the manner and form as required by law and specifically Article II, Part 3 of Division 7 of the Streets and Highways Code, and a Certificate ofCompliance is on file in the Office of the City Clerk; and, WHEREAS, a public hearing has been held and all testi- mony and evidence was heard relating to the works of improvement as proposed for the Assessment District, and the legislative body is desirous at this time to proceed. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and :orrect. SECTION 2. That all protests, if any, of every nature are hereby overruled and denied. SECTION 3. The Superintendent of Streets is hereby iirected to proceed and cause the construction of the works of improvement in said Assessment District if said construction is 2 8 9; 10 | 11: 12 13 14 15 16 17 18 19 20 21 not commenced within sixty (60) days after notice is given to the property owner to so cause the work to be done. SECTION 4. That the works of improvement shall be done and carried through and financed pursuant to the provisions of Chapter 27 of the "Improvement. Act of 1911",, and for all particu- lars as to these proceedings, reference is made to the Resolution ordering the installation of the public improvements and instruct- ing the Superintendent of Streets to so give notice. The works of improvement and -project shall be financed pursuant to the provi- sions of said Chap-ter 27, and 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 receiving the benefit from the works of improvement. SECTION 5. A description of the works of improvement for the above-referenced Assessment District is generally as follows: The construction of certain curbs, gutters, sidewalks and paving on MONROE STREET (400 feet of work) commencing at a aoint approximately 180 feet Northerly of CHESTNUT. APPROVED and ADOPTED this 7th day of June , 1983. 22 ^^MTUE 23 24 25 26 28 CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: :ITY CL :iTY OF CARLSBADISTATE OF CALIFORNIA 27 3 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. 7237 was duly passed, approved and adopted by jthe City Council, approved and signed by the Mayor, and attested 3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 by the City Clerk, all at the Regular Council held on the 7th day of June meeting of said City , 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 8th day of June 1983, at i Carlsbad, California. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA [SEAL] 13 1 2 3 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 RESOLUTION NO. 7238 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AUTHORIZING THE TRANSFER • OF FUNDS FOR THE MONROE STREET ASSESSMENT DISTRICT - CONTRACT NO. 0519-1. BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. The the transfer of Fourteeen Thousand, Six Hundred Thirty Dollars ($14,630) from the Special Assessment District Account, No. 30-18-40-3100, to the Monroe Street Assessment District Account; No. 80-92-44-0519-1, is hereby authorized and approved. 2. That the Department of Finance Fund Transfer No. 142 on file in said department and incorporated by reference herein is approved. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California, at a regular meeting held the 7th day of June » 1983, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and Prescott NOES: None ABSENT: None " c^/ • J /? MARY H. /JZASLER, Mayor ATTEST: a^'-E-TAFETHAL. R A U T E NKFANZ, Cit y C1 erV) (SEAL)