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.
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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
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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
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;orrect.
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DESCRIPTION OF IMPROVEMENT
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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
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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
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
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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
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
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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 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
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ATTEST:
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CTTTCLERK
CITY 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
J.
^
STATE OF CALIFORNIA
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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
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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.
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CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
:ITY CL
:iTY OF CARLSBADISTATE 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. 7237 was duly passed, approved and adopted by
jthe City Council, approved and signed by the Mayor, and attested
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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
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Carlsbad, California.
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
[SEAL]
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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)