HomeMy WebLinkAbout1983-12-06; City Council; 7342-4; Confirm Assessments and authorize deferred paymentCIT OF CARLSBAD - AGENDA 3ILL ^ (^
MTG. 12/6/83
DEPTCNfi
TITLE: CONFIRM ASSESSMENTS AND
AUTHORIZE DEFERRED PAYMENT OF ASSESSMENTS
FOR THE MONROE STREET ASSESSMENT DISTRICT
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CITY ATTY\/£^_i.
CITY MGttL^^L
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RECOMMENDED ACTION:
Adopt
No.
Resolution No.
authorizing
confirming assessments and Resolution
deferred payment of assessments for the
Monroe Street Assessment District
ITEM EXPLANATION:
On November 15, 1983, the City Council adopted Resolution No.-
7405, approving the Engineer's Report on the cost of the Assessment
District and authorizing a Public hearing for December 6, 1983.
After the Public Hearing is held, the attached resolutions should
be adopted per the City's Legal Consultants' direction. These
resolutions confirm the Engineer's Report, approved with Resolution
No. 7405, and authorize deferred annual payment on this Assessment
District.
FISCAL IMPACT:
With the adoption of these resolutions, the reimbursement of the
City's expenditure of $13,158 will begin.
EXHIBITS:
1. Location Map
2. Resolution No .
3. Resolution N o .
confirming assessments.
authorizing deferred payment.
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LOCATION MAP
CAftLSBAP
H/6H
SCHOOL
PROJECT
CITY MAP BOOK PAGE 2
A >v> A ic*s\ zr C-T-MONROE ST
PROJ.
NO.
EXHIBIT
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RESOLUTION NO. 7429
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING "REPORT" OF THE SUPERIN-
TENDENT OF STREETS ON COST OF CON-
STRUCTION, AND CONFIRMING AND LEVYING
ASSESSMENTS IN CHAPTER 27 PROCEEDINGS
UNDER THE "IMPROVEMENT ACT OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, pursuant to the provisions of Chapter 27, being
Article 2 of Part 3 of Division 7 of the Streets and Highways Code
of the State of California (the "Improvement Act of 1911"), has
authorized that certain works of improvement shall be constructed
and installed in front of certain privately owned properties in
what is known and designated as
ASSESSMENT DISTRICT NO. 83-1
(MONROE STREET)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, said construction has been completed pursuant
to proceedings under Chapter 27 of the "Improvement Act of 1911";
and,
WHEREAS, the Superintendent of Streets has caused notice
of the cost of construction to be given in the form and manner
specified by law, said notice specifying the day, hour and place
for hearing and passing upon the "Report" of the Superintendent of
Streets; and,
WHEREAS, all property owners and other interested
persons present at said hearing having been heard, and all
objections and protests, if any, having been considered; and,
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2 WHEREAS, the cost of construction includes a propor-
3 tionate share of the cost of improvements constructed in a place
4 other than in front of a parcel of property which are required for
5 the proper functioning of the improvements in front of the parcel;
6 and,
7 WHEREAS, it is desired to confirm the "Report" of the
8 Superintendent of Streets, and confirm and levy such costs of
9 construction as assessments against the parcels of property
10 fronting upon the improvements, as provided by law.
11 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
12 SECTION 1. That the above recitals are all true and
13 correct.
14 SECTION 2. That all proceedings heretofore conducted
15 pursuant to Chapter 27 of the "Improvement Act of 1911" for the
16 construction of certain improvements in the Assessment District
17 have been conducted in the orm and manner required by law, and
18 are herewith confirmed and approved.
19 SECTION 3. That the "Report" of the Superintendent of
20 Streets, as revised, corrected or modified, is herewith approved
21 and confirmed.
22 SECTION 4. That the cost of construction is confirmed
23 and assessed against the parcels of property fronting upon the
24 improvements so constructed, including a proportionate share of
25 the cost of improvements constructed in a place other than in
26 front of a parcel of property which are required for the proper
27 functioning of the improvements in front of the parcels, all as
28 set forth in the "Report" of the Superintendent of Streets, which
"Report" as revised, corrected or modified, is referred to and
incorporated herein by reference as though fully set forth.
SECTION 5. That all such costs so assessed, if not
paid, shall constitute a special assessment against the respective
parcels of property involved, and shall be a lien on the property
for the amount thereof from the time of recordation of the notice
of lien, which lien shall continue until the assessment and all
g interest thereon is paid, or until it is discharged of record.
IQ SECTION 6. That the Superintendent of Streets shall
file in the Office of the County Recorder a Certificate of Notice
of Lien in the form and manner required or permitted by law.
13 SECTION 7. That as previously authorized, any assess-
ments which remain unpaid for 31 days after the confirmation of
15 the assessments shall be payable in ten (10) annual installments,
and the payment of assessments so deferred shall bear interest on
the unpaid balance at the rate of seven percent (7%) per annum,
13 said interest to commence on the thirty-first (31st) day after
confirmation of the assessments.
APPROVED and ADOPTED this 6th day of December
21 1983.
22 MAYOR ,/
23 CITY OF CARLSBAD
STATE OF CALIFORNIA
24 ATTEST:
25
26 CITY CLERK
CITY OF CARLSBAD
27 STATE OF CALIFORNIA
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1
RESOLUTION NO. 74302
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
. - AUTHORIZING DEFERRED ANNUAL PAYMENT
ON SPECIAL ASSESSMENTS
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
/?
CALIFORNIA, has conducted proceedings and held a public hearing
7 relating to the formation of an assessment district under the
Q
provisions and authority of Chapter 27 of the "Improvement Act of
9 1911", being Division 7 of the Streets and Highways Code of the
State of California, said special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 83-1
13 (MONROE STREET)
14 (hereinafter referred to as the "Assessment District"); and,
WHEREAS, this City Council, as authorized by the provi-
sions of Section 5895 of the Streets and Highways Code of the
State of California, is desirous to determine that the payment of
any unpaid assessments may be made in annual installments not to
exceed ten (10), and that said assessments shall be collected at
2Q the same time and in the same manner as ordinary taxes are
2]_ collected and shall be subject to the same penalties and
22 interest.
23 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
24 SECTION 1. That the above recitals are all true and
25 correct.
26 SECTION 2. That it is hereby determined that all unpaid
27 assessments for the Assessment District may be made in annual
28 installments payable over a period of ten (10) years, and that the
payment of said assessments deferred shall bear interest on the
unpaid balance at the rate of seven percent (7%) per annum. The
-, interest on said unpaid assessments shall begin to run on the 31st
. day after-the confirmation of the assessments.
SECTION 3. The unpaid assessments, constituting a lien
on the property, shall be collected at the same time and in the
same manner as ordinary City taxes and shall be subject to the
same penalties and interest and of the same procedure under fore-
closure and sale in case of delinquency as provided for ordinary
property taxes. All laws applicable to the levy, collection and
-,-, enforcement of property and County taxes are hereby made appli-
cable to these unpaid special assessments.
13 APPROVED and ADOPTED this 6th day of December
14 1983.
15 /{A-4L^<~1 & * L^fc^<^\_
MAYOR
lfi. CITY OF CARLSBAD
STATE OF CALIFORNIA
17 ATTEST
18
iq CITY
CITY OF CARLSBAD
2Q STATE OF CALIFORNIA
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