HomeMy WebLinkAbout1986-01-28; City Council; 8249-2; Approve Proceedings - College AD2L - I
G CIT,- OF CARLSBAD - AGEND, 8ILL
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ATG.
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RECOMMENDED ACTION:
01/28/86 APPROVE PROCEEDINGS FOR
SOUTH COLLEGE ASSESSMENT DISTRICT ENG
APPROVE PROCEEDINGS FOR 0 1/28/8
SOUTH COLLEGE ASSESSMENT DISTRICT ENG IEPT. I
RECOMMENDED ACTION:
CITY Am.\/%
CITY MGR.-
By motion adopt Resolution No. making findings on
District. petition for the formation of Assessment
By motion adopt Resolution No. r373- making appointments.
By motion adopt Resolution No. 374 declaring the intention to order the construction of Sogtmege Boulevard.
By motion adopt Resolution No. 6377 passing on the "Report"
pursuant to the "Municipal Act of 1913".
By motion adopt Resolution No. authorizing the sale of bonds and requesting proposals and Youngberg.
ITEM EXPLANATION:
On January 21, 1986 Council approved the plans and specifications and authorized the City Clerk to advertise for bids .
The Assessment District will construct South College Boulevard full width from El Camino Real to Palomar Airport Road. The
Calavera Hills Effluent Disposal Line (EDL) will also be
constructed concurrently with the above improvements.
Pursuant to the provisions of "Municipal Improvements Act 1913"
the following documents have been prepared.
1. Plans and Specifications
2. Cost Estimate 3. Assessment Roll
4. Assessment Diagram
F I S CAL IMPACT:
The engineer's estimate for the construction of South College
Boulevard is $9,174,000. All the assessment district costs
will be reimbursed through the sale of bonds if the assessment
district is formed. The construction costs of Calavera Hills
Effluent Disposal Line (EDL) will be born by the City. Funds in the amount of $1,000,000. were appropriated in the 1985-86 CIP for Effluent Dispsosal Line construction.
Page 2 of Agenda Bill No. f~q9,*<
EXHIBIT:
1. Location map
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2. Order of Procedure
3. Executed Petition
4. Certificate of Sufficiency
making findings on petition for +m& College Assessment District. the formation o 3. Resolution No.
6. Resolution No. 3373- making appointments.
7. Resolution No. declaring the intention to order
the College Boulevard.
passing on the "Report" pursuant to
the "Municipal Act o 13" . 8. Resolution No.
9. Resolution No. authorizing the sale of bonds and requesting Stone and Youngberg.
a
-~ LOCATION MAP
LEGEND SI . . . . . . . . ASSESSMENT DISTRICT
BOUNDARY
CITY LIMITS -I-
vIcm MAP
N.T. E.
ORDER OF PROCEDURE
CITY OF CARLSBAD
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
DATE OF MEETING JANUARY 28, 1986
STAFF : Present to the legislative body the following:
A. Executed Petition B. Certificate of Sufficiency C. General presentation as to boundaries of Assessment
District and extent of works of improvement
CITY COUNC IL :
CITY COUNCIL:
CITY COUNCIL :
STAFF:
CITY COUNCIL :
CITY COUNCIL:
JANUARY 28, 1986:
FEBRUARY 26, 1986:
MARCH 4, 1986:
Adopt RESOLUTION MAKING FINDINGS ON PETITION: This constitutes the initial action finding the sufficiency of the Petition.
Adopt RESOLUTION MAKING APPOINTMENTS: Formal appointment of the
Superintendent of Streets, the newspaper for legal pub1 ication, etc.
Adopt RESOLUTION OF INTENTION: Jurisdictional Resolution under
"1913 Act" proceedings, declaring intent to order improvements and issue bonds.
Presentation of Engineer's "Report" pursuant to the provisions of "Municipal Improvement Act of 1913", consisting of. the following:
1. Plans;
2. Speci f ic at i ons ; 3. Cost Estimate; 4. Assessment Roll; 5. Assessment Diagram;
Adopt RESOLUTION PASSING ON REPORT AND SETTING PUBLIC HEARING: Sets public hearing on "1913 Act" Engineer's "Report".
POSAL: This Resolution authorizes the sale of bonds to finance the improvements and requests a proposal from Stone & Youngberg.
Adopt RESOLUTION' AUTHORIZING SALE OF BONDS AND REQUESTING PRD-
***
PROPOSED SCHEDULE:
ADOPT JURISDICTIONAL RESOLUTIONS AND AUTHORIZE SALE OF BONDS
DATE FOR RECEIPT OF CONSTRUCTION BIDS
PUBLIC HEARING TO CONSIDER CONFIRMATION OF ASSESSMENT
DISTRICT, ORDERING IMPROVEMENTS AND ACCEPTING PROPOSAL FOR SALE OF BONDS
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RESOLUTION NO. 8374
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
MAKING FINDINGS ON PETITION
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has been presented by certain property owners an executed Petition
requesting the construction of certain public improvements,
together with appurtenances and appurtenant work in connection
therewith, said improvements to be constructed pursuant to the
terms and provisions of the "Municipal Improvement Act of 1913",
being Division 12 of the Streets and Highways Code of the State of
California, in a speci a1 assessment district known and designated
as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, it has been reported that said Petition contains the
signatures of more than sixty percent (60%) of the property owners
of the assessable area of the property to be subject to assessment
for the proposed works of improvement. Said Petition meets the
requirements of Section 2804 of Division 4 of the Streets and
Highways Code of the State of California.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That it is hereby found that said Petition has
been signed by owners owning land constituting more than sixty
percent (60%) of all assessable land within the boundaries of the
proposed Assessment District.
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SECTION 3. That said Petition shall be filed with the
transcript of these proceedings and shall remain open to public
inspection.
SECTION 4. That said Petition meets the requirements of
Section 2804 of Division 4 of the Streets and Highways Code of the
State of California, and further proceedings and limitations under
the provisions of the "Special Assessment Investigation, Limita-
tion and Majority Protest Act of 1931'l shall not be applicable to
these proceedings.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28 day of January , 1986, by the
following vote, to wit: * c
AYES:
NOES:
ABSENT:
ATTEST:
ALETHA L. RAUTtNKRANZ ity Clerk - '-
&i&. bp.
(SEAL)
RESOLUTION NO. 8375
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, MAKING
APPOINTMENTS IN A SPECIAL ASSESSMENT
DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
is considering the formation of a special assessment district,
pursuant to the terms and provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California, for the construction of certain public
works of improvement, together with appurtenances and appurtenant
work, said assessment district to be known and designated as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time the City Council is desirous of making
the required appointments and designating persons to perform
certain duties, in order to allow the proceedings to go forward to
completion in accordance with the provisions of law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the CITY ENGINEER is hereby appointed to
perform all of the duties and functions of the Superintendent of
Streets as said duties are specified and designated in the
"Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
above referenced Assessment District.
SECTION 3. That the place for recordation of the assessment
roll and diagram shall be in the Office of the Superintendent of
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Streets, and said assessment roll and diagram, upon recordation,
shall be kept as a permanent record.
SECTION 4. That the CARLSBAD JOURNAL is hereby designated as
the newspaper for all publications as required by law and as
necessary for completion of this Assessment District.
SECTION 5. That NESTE, BRUDIN & STONE, INC. is hereby
appointed the Engineer of Work for said proceedings, and said
Engineer of Work shall perform all of the duties and responsibili-
ties as set forth by law as they relate to said Assessment
District.
SECTION 6. That F. MACKENZIE BROWN, INC. is hereby appointed
to act as Bond Counsel for the purposes of preparing proceedings
and issuing an approving opinion attesting to the validity of the
proceedings and the enforceability of the bonds, pursuant to the
terms and conditions of a Special Counsel Agreement submitted
herewith, which Agreement is hereby accepted and approved for
execution.
SECTION 7. That this City Council hereby establishes a
special IMPROVEMENT FUND designated by the name and number of the
Assessment District, and into said fund shall be placed all
proceeds from the sale of bonds and cash collections. In order to
expedite the improvements or acquisition under these proceedings
and as authorized by law, funds from any available source may be
transferred into said special fund. Any funds transferred are a
loan to the fund and shall be repaid out of the proceeds of the
sale of bonds, all as required and authorized by law, and
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specifically Section 10210 of the Streets and Highways Code of the
State of California.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28th day of January , 1986, by the
following vote, to wit: +
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ARY H 0, JASLtR, Mayor
ATTEST:
ALETHA L. RAUTtNKRANL, City) C*l,erk aR;tb-RU
(SEAL)
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RESOLUTION NO. 8176
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, DECLARING
INTENTION TO ORDER THE CONSTRUCTION OF
CERTAIN IMPROVEMENTS, TOGETHER WITH APPURTENANCES AND APPURTENANT WORK IN CONNECTION THEREWITH, IN A PROPOSED ASSESSMENT DISTRICT PURSUANT TO THE TERMS
MENT ACT OF 1913"; DECLARING THE WORK TO
BE OF MORE THAN LOCAL OR ORDINARY BENEFIT
AND DESCRIBING THE DISTRICT TO BE ASSESSED
TO PAY THE COSTS AND EXPENSES THEREOF; AND
PROVIDING FOR THE ISSUANCE OF BONDS
AND PROVISIONS OF THE "MUNICIPAL IMPROVE-
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DOES
HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That the public interest and convenience require,
and it is the intention of this body, pursuant to the provisions
of Division 12 of the Streets and Highways Code of the State of
California (the "Municipal Improvement Act of 1913"), to order the
construction of certain public works of improvement, together with
appurtenances and appurtenant work, in a special assessment
district known and designated as
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
(hereinafter referred to as the nAssessment District").
DESCRIPTION OF IMPROVEM>ENT
A. The construction and installation of full
street improvements in COLLEGE BOULEVARD between EL CAMINO REAL
and PALOMAR AIRPORT ROAD, including full roadway pavement, as well
as curbs and gutters, sidewalks, landscaping median and parkway
improvements, underground communications, gas and electrical
facilities, sanitary sewer and water lines, drainage facilities,
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together with appurtenances, including the acquisition of rights-
of-way, if necessary, in order to accomplish the improvements.
B. Said streets and highways are more particularly
shown in the records in the Office of the County Recorder, and
shall be shown upon the plans herein referred to and to be filed
with the transcript of these proceedings.
C. All of said work and improvements are to be
constructed at the places and in the particular locations, of the
forms, sizes, dimensions and materials, and at the lines, grades
and elevations as shown and delineated upon the plans, profiles
and specifications to be made therefor, as hereinafter provided.
D. The description of the improvements and the
termini of the work contained in this Resolution are general in
nature. All items of work do not necessarily extend for the full
length of the description thereof. The plans and profiles of the
work as contained in the Engineer's "Report" shall be controlling
as to the correct and detailed description thereof.
E. Whenever any public way is herein referred to as
running between two public ways, or from or to any public way, the
intersections of the public ways referred to are included to the
extent that work shall be shown on the plans to be done therein.
F. Notice is hereby given of the fact that in many
cases said work and improvement will bring the finished work to a
grade different from that formerly existing, and that to said
extent, said grades are hereby changed and said work will be done
to said changed grades.
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DE,SCRIPTION OF ASSESSMENT. DISTRICT
SECTION 2. That said' improvements and work are of direct
benefit to the properties and land within the Assessment District
and the City Council hereby makes the expenses of said work and
improvements chargeable upon a district, which said Assessment
District benefited by said work and improvements is to be assessed
to pay the costs and expenses thereof, including incidental
expenses and costs, and which is described as follows:
All that certain territory situated in the
District included within the exterior boundary lines shown on the
plat exhibiting the property affected or benefited by or to be
assessed to pay the costs and expenses of said work and improve-
ments in the Assessment District, said map titled and identified
as:
"PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD) [ AM E N D E D ] 'I
and which map was heretofore approved and which said map or dia-
gram is on file with the transcript of these proceedings,
EXCEPTING from the area shown within and delineated upon said map
or plat hereinabove referred to, the area of all public streets,
public avenues, public lanes, public roads, public drives, public
courts, public a
contained bel ong
Assessment Di str
leys, and all easements and rights-of-way therein
ng to the public.
For all particulars as to the boundaries of the
ct, reference is hereby made to said boundary map
heretofore previously approved, and for a complete description of
said Asswssment District, the said plat and proposed boundary map
shall govern.
REPORT OF ENGINEER
SECTION 3. This proposed improvement is hereby referred to
NESTE, BRUDIN & STONE, INC., the ENGINEER OF WORK, who is hereby
directed to make and file the report in writing containing the
following:
A. Plans and specifications of the proposed
improvements;
B. An estimate of the cost of the proposed works
and improvement, including the cost of the incidental expenses in
connection therewith;
C. A diagram showing the Assessment District
referred to above, which shall also show the boundaries and dimen-
sions of the respective subdivisions of land within said Assess-
ment District, as the same existed at the time of the passage of
the Resolution of Intention, each of which subdivision shall be
given a separate number upon said Diagram;
D. A proposed assessment of the total amount of
the assessable costs and expenses of the proposed improvements
upon the several divisions of land in proportion to the estimated
benefits to be received by such subdivisions, upon said Diagram by
the respective numbers thereof;
E. The description of works of improvement to be
constructed under these proceedings.
When any portion or percentage of the costs and
expenses of the improvements is to be paid from sources other than
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than assessments, the amount of such portion or percentage shall
first be deducted from the total estimated costs and expenses of
said work and improvements, and said assessment shall include only
the remainder of the estimated costs and expenses. Said assess-
ment shall refer to said subdivisions by their respective numbers
as assigned pursuant to Subdivision D. of this Section.
BONDS
SECTION 4. Notice is given that bonds representing unpaid
assessments, bearing interest at a rate not to exceed the current
maximum rate of twelve percent (12%) per annum, will be issued in
the manner provided in the "Improvement Bond Act of 1915", being
Division 10 of the Streets and Highways Code of the State of
California, the last installment of which bonds shall mature a
maximum of and not to exceed NINETEEN (19) YEARS from the second
day of September next succeeding twelve (12) months from their
date. The provisions of Part 11.1 of said Act, providing an
alternative procedure for the advance payment of assessments and
the calling of bonds shall apply.
The principal amount of the bonds maturing each
year shall be other than an amount equal to an even annual propor-
tion of the aggregate principal of the bonds, and the amount of
principal maturing in each year, plus the amount of interest
payable in that year, will be generally an aggregate amount that
is equal each year, except for the first year's adjustment.
Pursuant to the provisions of the Streets and
Highways Code of the State of Calif
10603, the Treasurer is hereby des
rnia, specifically Section
gnated as the officer to
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collect and receive the assessments during the cash collection
period. Said bonds further shall be serviced by the Treasurer, or
designated Paying Agent.
"MUNICIPAL IMPROVEMENT ACT .OF 1913"
SECTION 5. That except as herein otherwise provided for the
issuance of bonds, all of said improvements shall be made and
ordered pursuant to the provisions of the "Municipal Improvement
Act of 1913", being Division 12 of the Streets and Highways Code
of the State of California.
SURPLUS FUNDS
SECTION 6. If any excess shall be realized from the assess-
ment, it shall be used, in such amounts as may be determined, for
one or more of the following purposes:
A. Transfer to the general fund of the City;
provided that the amount of any such transfer shall not exceed the
lesser of One Thousand Dollars ($1,000) or five percent (5%) of
the total amount of expenses from the improvement fund;
B. As a credit upon the assessment and any
supplemental assessment; or
C. For maintenance of the improvements.
SPECIAL- FUND
SECTION 7. The City Council hereby establishes a special
improvement fund identified and designated by the name of this
Assessment District, and into said Fund monies may be transferred
at any time to expedite the making of the improvements herein
authorized, and any such advance of funds is a loan and shall be
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repaid out of the proceeds of the sale of bonds as authorized by
PRIVATE CONTRACT
law.
SEC
will not
contract
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ION 8. Notice is hereby given that the public interest
be served by allowing the property owners to take the
for the construction of the improvements, and that, as
authorized by law no notice of award of contract shall be
published.
GRADES
SECTION 9. That notice is hereby given that the grade to
which the work shall be done is to be shown on the plans and
profiles therefor, which grades may’vary from the existing grades.
The work herein contemplated shall be done to the grades as indi-
cated on the plans and specifications, and reference is made to
said plans and specifications for a description of the grade at
which the work is to be done. Any objections or protests to the
proposed grade shall be made at the public hearing to be conducted
under these proceedings.
PROCEEDINGS INQUIRIES
SECTION 10. For any and all information relating to these
proceedings, including information relating to protest procedure,
all notices, resolutions, affidavits and/or certificates, your
attention is directed to the person designated below:
NORM NESTE
NESTE, BRUDIN & STONE, INC. P. 0. BOX 28100
SAN DIEGO, CA 92128 TELEPHONE: (619) 578-7140
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PUBLIC PROPERTY
SECTION 11. All public property in the use and performance
of a public function shall be omitted from assessment in these
proceedings unless expressly provided and listed herein.
PETITION
SECTION 12. That a petition signed by property owners repre-
senting more than 60% in area of the property subject to assess-
ment for said improvements has been signed and filed with the City
Clerk, and said written petition expressly contains a waiver of
any of the proceedings and limitations as set forth under Division
4 of the Streets and Highways Code, the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931".
WORK ON PRIVATE PROPERTY
SECTION 13. It is hereby further determined to be in the
best public interest and convenience and more economical to do
certain work on private property to eliminate any disparity in
level or size between the improvements and the private property.
The actual cost of such work is to be added to the assessment on
the lot on which the work is done, and no work of this nature is
to be performed unit1 the written consent of the property owner is
first obtained.
UTILITY IMPROVEMENTS
SECTION 14. This legislative body further proposes to enter
into Agreements with other public agencies and/or utilities, said
Agreements setting forth certain terms and conditions relating to
the bidding and award of certain construction contracts, including
but not limited to water, power and telephone improvements, and
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including terms and conditions as to the ownership, management and
control of certain utility improvements. A copy of said Agreement
shall be, upon approval, on file in the Office of the City Clerk.
CONTRIBUTION
SECTION 15. This City Council does intend to make a
contribution to pay for certain of the costs and expenses of the
improvements, including a portion of the sanitary sewer effluent
disposal line and traffic signal improvements at the intersection
of COLLEGE BOULEVARD with EL CAMINO REAL and PALOMAR AIRPORT ROAD.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28th day of January , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ATTEST:
(SEAL)
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4.
RESOLUTION NO. 8377
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" PRESENTED PURSUANT TO
THE "MUNICIPAL IMPROVEMENT ACT OF 1913";
GIVING PRELIMINARY APPROVAL AND SETTING
TIME AND PLACE OF PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has instituted proceedings for the construction of certain works
of improvement in a specia assessment district under the provi-
sions of Division 12 of the Streets and Highways Code of the State
of California (the "Munic pal Improvement Act of 1913"), said
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, a report has been prepared and filed as provided for
in Sections 10203 and 10204 of the Streets and Highways Code of
the State of California, and said "Report" has now been presented
for review and consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted; and the "Report" as now presented shall stand
as the "Report" for the purpose of subsequent proceedings
hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report", as now presented and referred
to hereinabove, is considered adopted, passed upon and prelimi-
narly approved, as follows:
A. That the plans and specifications for the
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proposed improvements to be made, contained in said "Report", be,
and they are hereby preliminarily approved.
8. That the estimate of the itemized and total
costs and expenses of said acquisitions and improvements and of
the incidental expenses in connection therewith, contained in said
8tReport1', be, and each of them are, hereby preliminarily approved.
C. That the Diagram showing the Assessment
District referred to and described in said Resolution of Inten-
tion, and also the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of said Resolution of Inten-
tion, each of which subdivisions have been given a separate number
upon said Diagram, as contained in said "Report", be, and it is
hereby preliminarily approved.
D. That the proposed assessments upon the
several subdivisions of land in said Assessment District, in pro-
portion to the estimated benefits to be received by such subdivi-
sions, respectively, from said acquisitions and improvements, and
of the incidental expenses thereof, as contained in said "Report",
be, and they are hereby preliminarily approved.
E. That the description of the works of improve-
ment to be constructed under these proceedings, and acquisition,
where necessary as contained in said "Report", be, and the same
are hereby preliminarily approved.
F. That said "Report" shall stand as the
Engineer's "Report" for the purpose of a1 1 subsequent proceedings
had pursuant to said Resolution of Intention.
SECTION 3. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 4TH
DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY
OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT, ACQUISITION, IF
ANY, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR THE
PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD
NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH SAID RESOLUTION OF
INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN
WRITING AND MUST BE DELIVERED AT OR BEFORE THE TIME SET FOR THE
HEARING.
SECTION 4. That the City Clerk is hereby directed to give
notice of said hearing by causing 'to be conspicuously posted on
all open streets within the Assessment District, not more than 300
feet apart on each street so posted, but not less than three (3)
in all, notice of the passage of this Resolution, all in accor-
dance with the provisions of said Division 12 of the Streets and
Highways Code of the State of California.
SECTION 5. That the City Clerk is hereby directed to give
notice of said hearing and of the passage of the Resolution of
Intention and this Resolution by causing such notice to be
published in accordance with Section 6066 of the Government Code,
in the CARLSBAD JOURNAL, a newspaper published or of general
circulation within the District, which is hereby designated for
the purpose, all in accordance with the provisions of said
Division 12.
SECTION 6. That the City Clerk is hereby directed to mail
notice of said hearing and the adoption of the Resolution of
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Intention and of the filing and consideration of the "Report" to
all persons owning real property proposed to be assessed whose
names and addresses appear on the last equalized assessment roll
for County taxes prior thereto or as otherwise known, and to all
other persons as prescribed and in accordance with the provisions
of said Division 12.
SECTION 7. That the City Clerk is hereby further directed to
file a copy of the proposed amended boundary map in the Office of
the County Recorder within fifteen (15) days of the adoption of
the proposed amended boundary map; said boundary map to be in the
manner and form as set forth in Division 4.5 of the Streets and
Highways Code of the State of California.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28th day Of January , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
(SEAL)
RESOLUTION NO. 8378
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLBAD, CALIFORNIA,
MENT BONDS TO FINANCE IMPROVEMENTS
IN A SPECIAL ASSESSMENT DISTRICT
AND REQUESTING PROPOSAL
AUTHORIZING SALE OF SPECIAL ASSESS-
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has initiated proceedings prusuant to the terms and conditions of
the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California, for the
construction of certain public works of improvement, together with
appurtenances and acquisition, where necessary, in a special
assessment district known and designated as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District''); and,
WHEREAS, it has been further determined that serial bonds
shall be issued to finance the costs and expenses of said improve-
ments and proceedings, and said bonds shall be issued pursuant to
the terms and provisions of the "Improvement Bond Act of 1915",
being Division 10 of the Streets and Highways Code of the State of
California; and,
WHEREAS, the City Council is desirous of authorizing the sale
of bonds to finance the works of improvement as proposed for this
Assessment District.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That STONE & YOUNGBERG is hereby requested to
submit a proposal for the sale of bonds for the Assessment
District. The interest rate on said bonds shall not exceed the
current legal maximum rate of twelve percent (12%) per annum.
Said bonds shall be issued pursuant to the terms and conditions as
set forth in the Resolution of Intention as previously adopted for
these proceedings.
SECTION 3. That this Resolution is adopted pursuant to the
provisions of Section 10602 of the Streets and Highways Code of
the State of California, and it is further directed that all
recommendations relating to the sale of bonds be presented no
later than the time set for the Public Hearing on the "Report" and
related matters for this Assessment District.
SECTION 4. That there will be provided the approving legal
opinion of F. MACKENZIE BROWN, INC., Attorneys at Law, attesting
to the validity of the proceedings and the enforceability of the
bonds.
SECTION 5. That in the event of any delinquency in the
payment of any installment of an assessment, it is hereby covenan-
ted with the holder of the bonds that this City Council cause to
be commenced and thereafter diligently prosecuted, judicial
foreclosure proceedings upon all delinquent unpaid assessments
within one hundred fifty (150) days following any delinquency. It
is further hereby ordered that an investigation be initiated as
soon as possible each year to determine all tax delinquencies on
all properties within the boundaries of the above-referenced
Assessment District.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 28th day of January , 1986, by the
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following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST :
(SEAL)
[ POSTING/PUBL ICATION]
NOTICE OF IMPROVEMENT
RESOLUTION OF. 1.NTENTION
SECTION 1. NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSAD,
CALIFORNIA, adopted its Resolution of Intention on the 28th day of January, 1986,
declaring its intention to order the construction of certain improvements in a special assessment district known and designated as
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"), and on -the 28th day of January,
1986, a "Report", consisting of plans and specifications, an estimate of the costs, and a
diagram of the proposed assessments, together with an assessment roll, was filed; and on
the 28th day of January, 1986, a Resolution was adopted receiving, considering and app-
roving said "Report" relating to said works of improvement, acquisition and appurtenances
as proposed for the above-referenced Assessment District, and for particulars, reference is made to said previously adopted Resolution of Intention.
DESCRIPTION OF ASSESSMENT DISTRICT
SECTION 2. The said construction of the work and improvements, together with appurte-
nances as aforesaid, are of more than local or ordinary public benefit, and the expenses
of the work and improvements are chargeable upon a district, which said Assessment
District is hereby declared to be the district benefited and to be assessed to pay the
costs and expenses thereof, including incidental expenses and costs, and which is
described as follows:
All that certain territory included within the exterior boundary lines shown
on the plat exhibiting the property affected or benefited by or to be assessed to pay the costs and expenses of said work and improvements, which said plat is titled and identified as
"PROPOSED BOUNDARIES OF
(COLLEGE BOULEVARD)
[AMENDED]"
ASSESSMENT DISTRICT NO. 85-2
and which said Map was heretofore approved, on file, and open to inspection. For all particulars as to the boundaries of the Assessment District, reference
is hereby made to said Map on file with the transcript of these proceedings.
BONDS
SECTION 3. Serial bonds shall be issued in accordance with Division 10 of the Streets and Highways Code of the State of California ("Improvement Bond Act of 191581) to represent all unpaid assessments and the last installment of said bonds shall mature a maximum of not to
exceed NINETEEN (19) YEARS from the 2nd day of September next succeeding twelve (12)
months from their date. Said bonds shall bear interest at a rate not to exceed the
current legal maximum rate of 12% per annum. A period of thirty (30) days will be allowed
after the confirmation of the assessment to pay assessments in cash or to make payment against said assessments. The balance of assessments will then become payable in annual installments, and serial bonds will be issued bearing interest at a rate to be determined on the sale thereof; provided, however, that the rate shall not exceed the maximum rate as set forth hereinabove,
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"MUNICIPAL IMPROVEMENT. - ACT OF 1913"
SECTION 4. Except as, herein otherwise provided for the issuance of bonds, all of said improvements shall be made and ordered pursuant to the provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California.
c c
SECTION 5. THE TOTAL ESTIMATED
COST OF IMPROVEMENTS
COST OF'fhE IMPROVEMENTS IS AS FOLLOWS:
Estimated Cost of Construction: $ 9,174,015.00
Estimated Incidental Expenses: $ 3,074,148.00 Estimated Tot a1 Cost : $12,248,163 .OO Estimated Contribution: $ 786,163.00 Balance to Assessment: $11,462,000.00
PUBLIC HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M. OF SAID DAY, IN THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVEMENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT
HAVE PROTESTED AGAINST SAID IMPROVEMENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND
FINALLY ACT ON THE ENGINEER'S "REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID
PROPOSED PROCEEDINGS, OR THE GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF
THE ASSESSMENT DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE COST AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED
TO HEREIN.
REPORT
SECTION 7. A "Report", consisting of detailed plans, specifications, maps and
descriptions, estimate of cost and expenses, and diagram and assessment, has been
prepared, preliminarily approved, and filed with the transcript of these proceedings. For further particulars, reference is hereby made to said "Report" as prel iminarily approved, as well as the previously mentioned Resolution of Intention.
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PROCEEDINGS INQUIRIES
SECTION 8. For all information relating to these proceedings, the hearing procedure, and any and all matters as set forth and contained in any documents, Resolutions or Certificates, attention is directed to the person designated below:
NORM NESTE NESTE, BRUDIN & STONE, INC.
P. 0. BOX 28100 SAN DIEGO, CA 92128
TELEPHONE: (619) 485-1500
DESCRIPTION OF IMPROVEMENT
SECTION 9. The works of improvement are described as the construction of full street improvements in COLLEGE BOULEVARD between EL CAMINO REAL and PALOMAR AIRPORT ROAD, including full roadway pavement, as we1 1 as curbs and gutters, sidewalks, landscaping
median and parkway improvements, underground communications, gas and electrical facilities, sanitary sewer and water lines, and drainage facilities, together with
appurtenances, including the acquisition of rights-of-way, if necessary, in order to
accomplish the improvements.
b J CITY OF CARLSBAD
STATE OF CALIFORNIA
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
TELEPHONE
(619) 43-5535
Office of the City Clerk
ditp of darla'ftab
February 4, 1986
F. Mackenzie Brown
Attorney at Law
P.O. Box 8025
Fairbanks Ranch Plaza
Rancho Santa Fey CA 92067
Re: College Boulevard Assessment District No. 85-2
Enclosed for your records are copies of the following resolutions
regarding the College Boulevard Assessment District, which were
adopted by the Carlsbad City Council at its meeting of January 28,
1986:
1. Resolution No. 8374, making findings on petition for the formation
of the South College Assessment District.
2. Resolution No. 8375, making appointments in a special assessment
district.
3. Resolution No. 8376, declaring the intention to order the
construciton of South College Boulevard.
4. Resolution NO. 8477, passing on the "Report" pursuant to the
"Municipal Improvement Act of 1913".
5. Resolution No. 8378, authorizing the sale of bonds and
requesting proposals from Stone and Youngberg.
Also enclosed for your records is a copy of the fully executed
Special Counsel Agreement for Assessment District No. 85-5.
heputy City Clerk
Encs .
Carlsbad Journal
Decreed a Legal Newspaper by the Superior Court of Son Diego County
31 38 ROOSEVELT ST. 0 P.O. BOX 248 CARLSBAD, CA 92008 729-2345
Proof of Publication
STATE OF CALIFORNIA, ss.
COUNTY OF SAN DIEGO,
I am a citizen of the United States and a resident of the county aforesaid;
I am over the age of eighteen years, and not a party to or interested in the above entitled matter.
I am principal clerk of the printer of the Carlsbad Journal a newspaper of general circulation,
published twice weekly in the City of Carlsbad, County of Sun Diego, State of California, and which
newspaper is published for the dissemination of local news and intelligence of a general character, and
which newspaper at all times herein mentioned had and still has a bona fide subscription list of paying
subscribers, and which newspaper has been established and Dublished at reaular intervals in the said
City of Carlsbad, County of San Diego, State
NOTICE OF IMPROVEMENT
*202
~~~~ ~ RESOLVTlON OF INTENTION SECTION 1. NOTICE IS HEREBY GIVEN that the CITY COUNCIL of the CITY OF CARLSBAD. CALI- FORNIA. adopted its Resolution of Intention on the 28th day of Janu- ary. 1986. declaring its intention to order the construction of certaln improvements in a npecial assess- ment district known and deslg- naled an ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD) thereinafter referred to as the "Assessment District"), and on the 28th day of January. 1986. a "Re- port", consisting of plans and speci- fications, an estimate of the costs, and a diagram of the proposed assessments. together with an assessment roll. wan filed: and on the 28th day ofJanuary. 1988. a Res- olution was adopted receiving. con- sidering and approving srid "Re- port" relating to said works of im- provement. acquisltion and appurtenances as proposed for the above-referenced Assessment Dis- trict. and for particulars. reference is made to said previously adopted Resolution of Intention. DESCRIPTION OF ASSESSMENT DISTRICT SECTION 2. The said construc- tion of the workand improvements. together with appurtenances as aforesaid. are of more than local or ordinary public benefit. and the ex- penses of the work and improve- ments are chargeable upon a dis- trict. which said Assessment Dis- trict is hereby declared to be the district benefited and to be as. sessed to pay the costs and ex- penses thereof. including inciden- talexpensesandcosls,and which is described as follows: All that certain territory in- cluded within the exterior bound- ary lines shown on the plat exhibit. ing the properly affected or bene- fited by or to be assessed to pay the costsandexpensesofsaid workand improvements. which said plat is ti. tled ar.d identified as "PROPOSED ROITNDARIRR nF
gram and assessmehi has been pre- pared. prelirninarlly approved, and filed with the transcript of these proceedings For further particu- lars, reference is hereby made to said "Report" as preliminarily approved, 8s well as the previously mentioned Resolution of Intention PROCEEDINGS INQVlRlES .SECTION 8. For all information relating to these proceedings. the heanng procedure. and any and ali matters as det forth and contained in an7 pocwnenta, Resolutions or Certificates. attention is directed to the person deaignnted below. NORM NESTE Neste,,Brudin & Stone, Inc P.0 Box281W San Dieao. CA 02128 Telephone. (819) 465-1500 ' DESCWPTSON OF IMPROVEMENT SECTION 9. The works of im- provement are described asi' the construction of full streetimpfive- ments in COLLEGE BOULEVARD between EL CAMINO REAL and PALOMAR AIRPORT ROAD. in- cluding fall roadway pavement. as well all cwbS and gutters..side- walks. Landscaping median and parkway improvements. under- ground cominuniektions. gas and electrical facilities, sahitary sewer and water lines. anddrainage facil- ities. together with appurtenances. including the acquisition of rights- of-way. if necessary. in order to accomplish the improvements. Dated: January 28,1988. ALETHA L RAUTENKRANZ City Clerk . City oi Carlsbad State of California CJ 4876: February 1.8.1986
-. of California, for a period exceeding one year
next preceding the date of publication of the
notice hereinafter referred to; and that the notice
of which the annexed is a printed copy, has been
published in each regular and entire issue of said
newspaper and not in any supplement thereof on
the following dates, to-wit:
February 1, 86 ................................. 19 ....
February 8, 86 ................................. 19 ....
................................. 19 ....
............................. 19 ....
.............................. 19 ....
I certify under penalty of perjury that the foregoing is true and correct. Executed at Carlsbad Count of San Diego, State of California on - day of ___ February. 1986 the 8th
of the%nter
~. . . - ,..- urm)ct benefited and to be as-
! sessed to pay the costs.and ex- penses thereof. including inciden- tal expenses and costs. and which is described as follows: All that certain territory in- eluded within the exterior bound- an lines shown on the plat exhibit- ing the property affected or bene- fited by or to be asseased to pay the costs and expenses ofaaid work and improvements, which said plat is ti- tled and identified as "PROPOSED BOUNDARIES OF
a 487*: February I. 8. l9'
1 ASSESSMSNT DISTRICT NO. 85-2 , (COLLEGE BOULEVARD1
I [AMENDED?' j and which SaidMap was heretofore
~ approved, on file, and open to in- spection. For all particulars as to the boundaries of the Assessment District. reference ia hereby made to said Map on file with the trans- cript of these proceedings. BONDS SECTION 3. Serial bonds shall be issued in accordance with Division 14 of the Streets and Highways Codeofthe StateofCalifornia (''Im- provement Bond Act of lfJ15"l to represent all unpaid asaessments and the last installment of said bonds shall mature a maximum of not to. exceed NINETEEN (191 YEARS from the 2nd day of September next succeeding twelve (12) months from their date. Said bonda shall hear interest at a rate not to exceed the current legal max- imum rate of 12% der annum. A period of thirty (30) days will be allowed aner the confirmation of the assessment td pay aqsessments in earh or to make paymenLagainrt said *assessments. zhe balanee+of assessments will then become pay- iape in annual instatiments.an4 se- rial bonds will be issued bearing Interest at a rate to be determined on the sale thereof prot!ided. however. that the rate &all not ex- ceed the maximum rate as set Forth hereinabove. "ML'NICII'AL IHPROVEMENT ACT OF ISIS' SECTION 4. Except a8 herein otherwise provided for the issuance of bonds, all of said im- provements shall be made and ordered pursuant to the provisions oflhe -Municipal Improvement Act of 1913". being Division 12 of the i Streets aQd Highways Code of the State of California. COST OF JMPROVEM E ,STS
MATED COSTofthe irnurcirementa SECTION 5. THE TOTAL ESTI.
Estimaled Cost of
Esttmated Incidental
Estimated Total
Estimated
Balance lo
Construction: I 9.174015 MI
Expenses: S 3.0741-18.00
cost: 512.248.183.00
Contribution: S 786.163 01)
Azsessment: $1 1.462.000.00
SECTION 6. NOTICE4S HEREBS GIVEN that Tuesday. the 4th day of March. l@86. at the hour of 6.00 o'clock P.31. of said day. in the Council Chambers. City Hall. is the time and place fixed to consider pnd finally determine whether the public interest and convenience re. quirc the improvements. and to consider and determine khether the o\l'ners ofa majorityoflhe area of the property in the proposed assessment district have protested against said improvements. or any portion thereot and to consider and finally act on the engineer's "Repor(": and to hear all prnlests relating to said proposed proceed- ings. or the grades at. which the work shall be done. or the exlent of the assessment district. or as to maps and descriptions. or the esti- mate of the cost and expenses thereof. orthe proposed diagram or assessment: and any and all per- sons interested may file a written protest at or before the time set for hearing referred to herein. REPORT SECTIOX 7. A "Report". consist- ing of detailed plans. apecifica- lions. maps and descriptirm. enti- i mate ofcost and espcnst'~. ail(] rlia-
r't.n~ic HEARIX
I
P.O. BOX 28100
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LTTER OF TRANSMITTAL
10920 VIA FRON’IERA SAN DIEGO, CALIFORNIA 92128 TELEPHONE 619/485-1500 - 619/578-7140
~ ~~~ ~ ~
Tot City of Carlsbad 11 DATE 2/4/86 JOB NO. E68015.009
1200 Elm Avenue 11 RE: ASSESSMENT DISTRICT NO. 85-2
Carlsbad, CA 92008 (COLLEGE BOULEVARD)
Am: Lee Rautenkranz, City Clerk
0 UNDER SEPARATE COVER VIA THE fOLLOWIN0 ITEMS:
I1/29/b6 1 Co mDlete set o f Notice of Public Hearins/Notice of Improvement
as mailed to individual property owners January 30, 1986.
I I
THESE ARE TRANSMllTED AS CHECKED BELOW:
c7 FOR APPROVAL
0 FOR YOUR USE
APPROVED AS SUBMIRED
APPROVED AS NOTED
REEUBMIT-COPIES K)R APPROVAL
0 SUBMIT-COPIIL8 FOR DISTRIBUTION
0 AB REQUESTED REWRNED FOR CORRECTIONS RETURN-CORRECTED PRINTS
FOR Rrvirw AND ComMmT
UFOR BIDS DUF 19-
kl- clerk I s file COPY
PRINTS RETURNED AFTER LOAN TO US
ma IF ENCLOSURES ARE NOT AS NOTED, KIND
Mac Brown w/o enclosures Sipne
Title Associate Enqineer
a- -
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‘31 I.
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‘1 ,* ..
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8’
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NESTE. BRUDIN & STONE Engineers Planners , INCORPORATED
164 WEST HOSPITALITY LANE, SUITE 1 PO BOX 8124 SAN BERNARDINO. CA 92412 TELEPHONE 714/888-1401
E68-015.009
February 4, 1986
Lee Rautenkranz, City Clerk
City of Carlsbad
1200 Elm Avenue
Carlsbad, CA 92008
ASSESSMENT DISTRICT NO 85-2 (COLLEGE BOULEVARD)
Enclosed is the following:
Affidavit of Recording Boundary Map
Affidavit of Mailing Notice of Public Hearing/Notice of Improvement
Mackenzie Brown Instruction Sheet with initials
Should you have any questions, please contact me.
ROXANNE E. SHEPHERD Associate Engineer
dlm
cc: Gene Donovan Pat Entezari Mac Brown
CORONA HEMET PALM DESERT RANCHO CALIFORNIA SAN BERNARDINO SAN DlEGO
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ss.
AFFIDAVIT OF RECORDING
BOUNDARY MAP
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
Norman A. Neste, being first duly sworn, deposes and
says:
That on January 29, 1986, at the request and direction
Of the CITY CLERK of the CITY OF CARLSBAD, he caused to be
filed a copy of the map entitled "PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 85-2, (COLLEGE BOULEVARD), CITY OF
CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA" with the County
Recorder of the County of San Diego;
That said map was recorded as Instrument No. 86-037401,
in Book 20, Page 3 of Assessment District Maps of the
official records in the office of said Recorder; and
That said map is identical to the original which was
adopted by the CITY COUNCIL of the CITY OF CARLSBAD by
Resolution No. 8360, adopted on January 21, 1986.
<---w OFFICIAL SEAL $ Subscribed and sw $03, IRENE TVaM?SQN
4 '. - N07AKY PUBLIC - CA I:Lk\lA PRlk'C'I 4- O'FIC. 't.1 SAN DlkGO COUP. TY
My Cammisston Expires Sopternbar 28, 1987 3 %y5#wwmMN;
County and State
1-
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) 1 ss
AFFIDAVIT OF MAILING NOTICE OF PUBLIC HEARING AND
NOTICE OF IMPROVEMENT
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD), CITY OF CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA
Norman A. Neste, being first duly sworn, deposes and
says :
That on January 30, 1986, at the request and direction
of the CITY CLERK, of the CITY OF CARLSBAD, SAN DIEGO COUNTY,
CALIFORNIA, he caused to be mailed the “NOTICE OF PUBLIC
HEARING/NOTICE OF IMPROVEMENT” of ASSESSMENT DISTRICT NO.
85-2, (COLLEGE BOULEVARD), CITY OF CARLSBAD, SAN DIEGO
COUNTY, CALIFORNIA to all property owners, pursuant to
Section 10306, Division 12, Municipal Improvement Act of
1913, Streets and Highways Code of the State of California.
A copy of said NOTICE, as mailed, is attached hereto.
Subscribed and swo n to x s 4- day , 1926. 7
Notary &+ Pub ic in and for
said County and State
.
[MAIL ING]
(NOTICE TO PROPERTY OWNERS)
NOTICE OF IMPROVEMENT
NOTICE IS HEREBY GIVEN that the CITY-COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
adopted its Resolution of Intention on the 28th day of January, 1986, declarinq its
intention to order the construction of certain works of improvement, together with appurtenances and appurtenant work in what is known as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and on the 28th day of
January, 1986, a "Report", consisting of plans and specifications, an estimate of costs, and a diagram of the proposed assessments, together with an assessment roll,
was filed; and on the 28th day of January, 1986, a Resolution was adopted receiving,
considering and approving said "Report" relating to said improvements and
appurtenances.
DESCRIPTION OF IMPROVEMENT
The works of improvement ar'e described as the construction of full street improve-
ments in COLLEGE BOULEVARD between EL CAMINO REAL and PALOMAR AIRPORT ROAD, including
full roadway pavement, as well as curbs and gutters, sidewalks, landscaping median
and parkway improvements, underground communications, gas and electrical facilities, sanitary sewer and water lines, and drainage facilities, together with appurtenances, including the acquisition of rights-of-way, if necessary, in order to accomplish the
improvements.
The description of the work and improvements contained in the Resolution of Intention
are general in nature. The plans and profiles of the work and maps and descriptions, as contained in the Engineer's "Report", shall be controlling as to the correct and
det ai led descr i pt i on thereof.
BOUNDARIES OF DISTRICT
An amended map of the District, indicating by a boundary line the extent of the territory included in the proposed District, approved on the 14th day of January, 1986, is on file with the transcript of these proceedings. Reference is hereby made to said last mentioned Map for a further, full and comDlete description of the
Assessment District, and said Map shall govern for all details as to the extent of
the Kssessment District.
-.
COST OF IMPROVEMENTS
THE TOTAL ESTIMATED COST OF THE IMPROVEMENT IS AS FOLLOWS:
Estimated Cost of Construction: . $ 9,174,015.00
.Estimated Incident a1 Expenses : $ 3,074,148.00
Estimated Total Cost: $12,248,163 .OO Estimated Contribution: $ 786,163.00 Estimated Assessment : $11,462,000.00
BONDS
Serial bonds shall be issued in accordance with Division 10 of the Streets and High-
ways Code of the State of California (the "Improvement Bond Act of 1915"), to repre-
sent all unpaid assessments, and the last installment of said bonds shall mature a
maximum of not to exceed NINETEEN (19) YEARS from the 2nd day of September next
succeeding twelve (12) months from their date. Said bonds shall bear interest at a
rate not to exceed the current legal maximum rate of 12% per annum.
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f
A period of thirty (30) days will be allowed after the confirmation of assessment to pay assessments in cash or to make payment against said assessments. The balance of assessments will then become payable in annual installments, and serial bonds will be issued bearing interest at a rate to be determined on the sale thereof; provided, however, that the rate shall not exceed the maximum rate set forth hereinabove. The proceedings for the work and improvement shall be under and in accordance with the provisions of an act of the California legislature designated and known as Division 12 of the Streets and Highways Code ("Municipal Improvement Act of 1913").
PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 4TH DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M. OF SAID DAY, IN THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER AND FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE REQUIRE THE IMPROVEMENTS; AND TO CONSIDER AND DETERMINE WHETHER THE OWNERS OF A MAJORITY OF THE AREA OF THE PROPERTY IN THE PROPOSED ASSESSMENT DISTRICT HAVE PROTESTED AGAINST SAID IMPROVEMENTS, OR ANY PORTION THEREOF; AND TO CONSIDER AND FINALLY ACT ON THE ENGINEER'S "REPORT"; AND TO HEAR ALL PROTESTS RELATING TO SAID
PROPOSED PROCEEDINGS, OR THE GRADES AT WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF
THE ASSESSMENT DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE COST
AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESSMENT; AND ANY AND ALL PERSONS
INTERESTED MAY FILE A WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED
TO HEREIN.
For further particulars, reference is hereby made to the ''Report" as preliminarily approved and on file with the transcript of these proceedings, as well as the pre- viously mentioned Resolution of Intention.
PROCEEDINGS INOUIRIES
Please be advised that the person designated"be1ow may be contacted for any and all info;Smation or inquiries relating to the proceedings, the hearing procedure, or any matter's contained in any documents, Resolutions or Certificates:
NORM NESTE
NESTE, BRUDIN & STONE, INC.
P.O. BOX 28100
SAN DIEGO, CA 92128
TELEPHONE: (619) 485-1500
DATED: ,q RY ay , 1986.
I CITY OF CARLSBAD '
STATE OF CALIFORNIA
THIS IS NOT A BILL. AT THIS TIME ALL FIGURES AND ASSESSMENTS ARE BASED ON ESTIMATES,
AND ESTIMATES ONLY. YOU SHOULD CHECK THE IDENTITY OF YOUR PROPERTY AND THE ESTIMATED ASSESSMENT TO BE CHARGED TO YOUR PARTICULAR PARCEL OF PROPERTY FOR THE WORKS OF IMPROVEMENT AS SET FORTH IN THESE PROCEEDINGS AND THIS SPECIAL ASSESSMENT DISTRICT SHOWN ON THE ATTACHMENT HERETO.
i
-1
ASSESSHEN?'
NUMBER
21 2-0 BI- 0 1
212-091-02
212-09¶-03
212-081-04
2 I 2- 13 8 2-0 4
2 12-0 81- 05
212-0 3 1-01
iIP2-!381-0$
212-031-09
21 2-081-10
2x2- 0 81-1 1
212-081-61
2% 2-0 3 1- 0 2
212-031-33
2 12-0 31-0 4
21 2-09 I- 0 5
_. - . . .. , .
.'
:,PI
c:
i)h r:
21 2-PSl-Of3
22 2-0 81-0 9
21 2-081-I 0
212-081-X1
212-0sSl-lt
21 2-081-53
2 1 2-0 S 1-14
21 2-38 1- IS
212-081-16
212-081-17
21 2-082-93
2 1 2-0 5 2-43 2
212-$3< 2-03 ~~Z-Q<2-$-r,
212-0 L 2- s5
21 2-0 "J- 4b
21 2-0ez-(i3
2 1 2-0 S 2- D 9
21 2-r) 52- 10
212-031-231
212-d31-02
Zi2-091-03
21 2-3 9 1- 04
21 2-3 31- 9 5
LP2-Dfil-db
212-091-07
21 2-331-3r3
21 2-091- 9 9
21 2-0 9 2- 0 6
2;tz-oaz-in
..
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I!. - tnilLS9.4D ALRPE\RT CENTRE 'I
e- --
INSTRUCTION SHEET
NAME OF AGENCY: CITY OF CARLSBAD
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
CONSTRUCTION BID RECEIPT DATE: FEBRUARY 26, 1986
INSTRUCTIONS
All blanks in the enclosed forms of notice must be completed before the required
legal notice is given.
In fixing the public hearing date, the "1913 Act" hearing cannot be held less than
thirty (30) days after the adoption of the Resolution Setting the Hearing.
I. THE CITY CLERK SHALL PERFORM THE FOLLOWING:
A. BOUNDARY MAP [AMENDED] M/?>
File the original proposed BOUNDARY MAP [AMENDED] with the transcript of
these proceedings, and within FIFTEEN (15) DAYS after the adoption of the
Resolution, cause to be filed a copy of said map with the County Recorder.
Fees are applicable for said filing.
B. ADVERTISEMENT FOR BIDS (CONSTRUCTION) L {Y
Cause the ADVERTISEMENT FOR BIDS for the construction of the improvement to
be published once a week for two (2) successive weeks in the legally desig-
nated newspaper. Said publication on the Advertisement for Bids shall be published at least FOURTEEN (14) DAYS prior to the date fixed for the
opening of such bids for construction.
Cause the ADVERTISEMENT FOR BIDS to be published in the industry-accepted
pub1 ic contractor newspapers (Green Sheet, etc.).
Cause a copy of said Advertisement for Bids to be posted on or near the door
of the regular meeting place of the legislative body, said posting to be completed at least FIVE (5) DAYS prior to the date set for the receipt of construction bids. The date set for the opening of bids is to be prior to
the public hearing so that, if necessary, modifications can be made in the assessment roll.
11. THE SUPERINTENDENT OF STREETS SHALL ACCOMPLISH THE FOLLOWING:
A. PREVAILING SCALE OF WAGES c It$/
A schedule of the prevailing rate for per diem wages is to be obtained from
the Director of the Department of Industrial Relations. A copy of said
scale of wages shall be on file with the transcript of these proceedings and
available for public inspection. Also, a copy thereof is to be posted at
each job site.
***
- .-
FINAL DATES FOR NOTICE REOUIREMENTS.
BOUNDARY MAP [AMENDED] (RECORDING) LAST DAY: JANUARY 29. 1986,
ADVERTISEMENT FOR BIDS (1st PUBLICATION) FEBRUARS 21, '- 1986 LAST DAY :
ADVERTISEMENT FOR BIDS (POSTING) LAST DAY: FEBRUARY 12, /'1986
****
STATE OF CALIFORNIA ) AFFIDAVIT OF POSTING
COUNTY OF SAN DIEGO )
1 ss. NOTICE OF IMPROVEMENT
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD), CITY OF
CARLSBAD, SAN DIEGO COUNTY,
CALIFORNIA
Norman A. Neste, being first duly sworn, deposes and
says:
That on February 12, 1986, at the request and direction
of the CITY CLERK of the CITY OF CARLSBAD, he caused to be
posted the "NOTICE OF IMPROVEMENT" throughout the proposed
ASSESSMENT DISTRICT NO. 85-2, (COLLEGE BOULEVARD), CITY OF
CARLSBAD, SAN DIEGO COUNTY, CALIFORNIA, pursuant to the
requirements of Section 10302 of the Streets and Highways
Code of the State of California.
A copy of said "NOTICE OF IMPROVEMENTt1 is attached
hereto.
Subscribed and swoxn to
Notary Public inland for said County and State
NESTE, BRUDIN & STONE Engineers Planners
INCORPORATED
10920 VIA FRONTERA PO BOX 28100 SAN DIEGO, CALIFORNIA 92128 TELEPHONE 6191485-1500 - 6191578-7140
E68-015.009
February 14, 1986
Lee Rautenkranz, City Clerk City of Carlsbad 1200 Elm Avenue Carlsbad, CA 92008
ASSESSMENT DISTRICT NO 85-2
(COLLEGE BOULEVARD)
Enclosed is the following:
O Affidavit of Posting Notice of Improvement
O Mackenzie Brown Instruction Sheet
with initials
Should you have any questions, please contact me.
ROXANNE E. SHEPHERD
Associate Engineer
dlm
cc: Gene Donovan Richard Allen Mac Brown
SAN DIEGO HEMET SAN BERNARDINO
1200 ELM AVENUE
CARLSBAD, CA 92008-1989
Office of the City Clerk
TELEPHONE
(619) 43&5635
February 20, 1986
F. Mackenzie Brown
Attorney at Law
P.O. Box 8025
Fairbanks Ranch
Rancho Santa Fe, CA 92067
Re: Assessment District NO. 85-2 - College Boulevard
Enclosed for your records are copies of the following documents:
1. Certificate of Compliance with Notice Requirements
(Completed)
2. Annotated Instruction Sheet for Boundary Map Recording
and Advertisement for Bids
3. Annotated Instruction Sheet for Public Hearing (March 4, 1986)
>EN R. KUNDTZ
Deputy City Clerk
Encs.
CERTIFICATE OF COMPLIANCE
WITH NOTICE REQUIREMENTS
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO CITY. OF CARLSBAD
ALETHA L. RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly appointed,
qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such,
accomplished the notice requirements in connection with the referenced Assessment District, as noted:
POSTING
The NOTICE OF IMPROVEMENT was posted not more than three hundred (300) feet apart on
all open streets within the District described in ,a Resolution of Intention
previously adopted, and not less than three (3) Notices in all were posted. Said
posting was completed on the/J fi day of Fp,d L(rqn y , 1986. - I
PUBLICATION
(CARLSBAD- JOURNAL)
The NOTICE OF IMPROVEMENT was published in the designated legal newspaper in accor- dance with S ection 6066 of the Government Code of the State of California, said publication being made once a week for-two successive weeks; said publications being accomplished on the Irt day of Ffs~ u,q~y , 1986, and on the FI-5 day of F€QR.*~R~ 9 1986. ,
MAILING
The NOTICE TO PROPERTY OWNERS (NOTICE OF HEARING) under Division 12 of the Streets and highways Code of the State of Calitornia mnicipal Improvement Act of 1913"), was mailed to all persons owning real property proposed to be assessed according to the names and addresses of such owners as the same appear on the last County
Assessment Roll, or at his address as known to the undersigned; also to every owner
of property assessed by the State, under Section 14 of Article XI11 of the
Constitution of the State of California, at the address of the owner of such property
as shown on the last City roll transmitted to the County Auditor in all instances
where such property is proposed to be assessed; said mailing being accomplished on the 303% day of '=redu~flr , 1986. -
EXECUTED this d at4 day of 2- , 1986, at Carlsbad, California.
I
CITY OF CARLSBAD
STATE OF CALIFORNIA
-.-
CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS
--
ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ALETHA L. RAUTENKRANZ, under penalty of perjury, CERTIFIES AS FOLLOWS:
The undersigned is now, and at all times mentioned herein was, the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such,
accomplished the notice requirements in connection with the referenced Assessment
District, as noted:
POSTING
The ADVERTISEMENT FOR BIDS was posted on or near the door of the regular meeting place o~f the City Council on the /Jfb day of , 1986, and said
Notice remained continually posted for at least five days after the date above
mentioned.
PUBLICATION
( CARLSBAD JOURNAL)
The ADVERTISEMENT FOR BIDS was published once a week for two successive weeks; said publjcations bei.ng accomplished on the 2SThday of , 1986, and on
the Jrr day of FEBRUGRY ,'. J-A~~~RY
RECORDING
A copy of the proposed BOUNDARY MAP [AMENDED1 was filed in the Office of the County
Recorder within fifteen days after 'the adoption of the Resolution Adoptinp Proposed
Boundary Map [Amended]; said filing being accomplished on the 29 + day of
X&*UAAY , 1986.
EXECUTED this dor4 day of 7- , 1986, at Carlsbad, California. I >
CITY OF CARLSBAD
STATE OF CALIFORNIA
INSTRUCTION SHEET
NAME OF AGENCY: CITY OF CARLSBAD
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
CONSTRUCTION BID RECEIPT DATE: FEBRUARY 26, 1986
.INSTRUCTIONS
All blanks in the enclosed forms of notice must be completed before the required
legal notice is given.
In fixing the public hearing date, the "1913 Act" hearing cannot be held less than
thirty (30) days after the adoption of the Resolution Setting the Hearing.
I. THE CITY CLERK SHALL PERFORM THE FOLLOWING:
A. BOUNDARY MAP rAMENDED1
File the original proposed BOUNDARY MAP [AMENDED] with the transcript of
these proceedings, and within FIFTEEN (15) DAYS after the adoption of the
Resolution, cause to be filed a copy of said map with the County Recorder. Fees are applicable for said filing.
ADVERTISEMENT FOR BIDS (CONSTRUCTION)
Cause the ADVERTISEMENT FOR BIDS for the construction of the improvement to
be published once a week for two (2) successive weeks in the legally desig-
nated newspaper. Said publication on the Advertisement for Bids shall be
published at least FOURTEEN (14) DAYS prior to the date fixed for the
opening of such bids for construction.
Cause the ADVERTISEMENT FOR BIDS to be published in the industry-accepted
pub1 ic contractor newspapers (Green Sheet, etc.).
Cause a copy of said Advertisement for Bids to be posted on or near the door
of the regular meeting place of the legislative body, said posting to be
completed at least FIVE (5) DAYS prior to the date set for the receipt of
construction bids. The date set for the opening of bids is to be prior to
the public hearing so that, if necessary, modifications can be made in the assessment roll.
11. THE SUPERINTENDENT OF STREETS SHALL ACCOMPLISH THE FOLLOWING:
A. PREVAILING SCALE OF WAGES
A schedule of the prevailing rate for per diem wages is to be obtained from
the Director of the Department of Industrial Relations. A copy of said scale of wages shall be on file with the transcript of these proceedings and available for public inspection. Also, a copy thereof is to be posted at
each job site.
***
FINAL DATES FOR NOTICE REQUIREMENTS
BOUNDARY MAP [AMENDED] (RECORDING) LAST DAY: JANUARY 29, 1986
ADVERTISEMENT FOR BIDS (1st PUBLICATION) LAST DAY: FEBRUARY 21, 1986
ADVERTISEMENT FOR BIDS (POSTING) LAST DAY: FEBRUARY 12, 1986
****
NAME OF AGENCY: CITY OF CARLSBAD
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
PUBLIC HEARING DATE: MARCH 4, 1986
INSTRUCTIONS
INSTRUCTION SHEET
t be completed before the reqi All blanks in the enclosed forms of notice mu
legal notice is given.
ired
In fixing the public hearing date, the "1913 Act" hearing cannot be held less than
thirty (30) days after the adoption of the Resolution Setting the Hearing.
I. THE
A.
B.
D.
CITY CLERK SHALL PERFORM THE FOLLOWING:
NOTICE OF IMPROVEMENT (POSTING) ,,.~J'/%S -
Cause the NOTICE OF IMPROVEMENT to be posted in accordance with the Certifi-
eate of Compliance. Said Notices are to be posted not more than 300 feet
apart on all oDen streets within the District, but not less than three (3) in
all. This posted Notice must be headed by the words "NOTICE OF IMPROVEMENT"
in letters at least one inch in height. The posting must be completed at
least TWENTY (20) DAYS before the date of hearing.
NOTICE OF IMPROVEMENT (PUBLICATION) C, IC/
Cause to be published in the designated legal newspaper in accordance with
Section 6066 af the Government Code, which provides that the Notice shall be
once a week for two (2) successive weeks. Two publications ,in a newspaper
published once a week or more often, with at least five (5) days intervening,
not counting the publication date, are sufficient. The first publication of
the Notice shall be at least TIU'ENTY (20) DAYS before the date set for the
hear i ng .
NOTICE TO PROPERTY OWNERS (MAILING)
Cause to be mc,iled to each person owin9 r?al property Droposed to be
assessed according to the names and addresses of such owners as the same
appear on the last County Assessment Roll, or at his address as known to the
City Clerk. Said mailing is to be completed at least TWENTY (20) DAYS before
the date set for hearing. Note that it may be necessary to fill in or
enciose the following:
(.p, 5 /
(1 ) Proposed assessment ;
(2) Assessment number and property description.
COVER LETTER FORMAT
I would recommend that the enciosed cover letter format be included with the
mailing of tne legal notice for the proceedings. I would further recommend
that the time for informational meetings be scheduled after the receipt of
bids on the improvements, but prior to the public hearing on the project.
This letter should be prepared on your stationery prior to transmittal.
E. WRITTEN COMMUNICATIONS
As written communications relating to the proceedings are received, copies should be delivered to this office, together with copies being delivered to the Engineer. In addition, copies should be prepared and delivered to each member of the legislative body, so that there is ample opportunity to review the communications prior to the public hearing.
***
FINAL DATES FOR PUBLICATION. POSTING AND MAILING:
NOTICE OF IMPROVEMENT (POSTING) LAST DAY: FEBRUARY 12, 1986
NOTICE OF IMPROVEMENT (PUBLICATION)
NOTICE TO PROPERTY OWNERS (MAILING)
LAST DAY: FEBRUARY 12, 1986
LAST DAY: FEBRUARY 12, 1986
I would recomnend that these notice requirements be accomplished at an earlier date in order to avoid any last minute confusion.
****
F. MACKENZIE BROWN
ATTORNEY AT LAW
P. 0. BOX 8025, FAIRBANKS RANCH
RAFiCHO SANTA FE, CA 92067
TELEPHONE: (619) 756-5994
INSTRUCTION SHEET
NAME OF AGENCY: CITY OF CARLSBAD
NAME OF PROJECT: ASSESSMENT DISTRICT NO. 85-2
(COLLEGE BOULEVARD)
PUBLIC HEARING DATE: MARCH 4, 1986
INSTRUCTIONS
All blanks in the enclosed forms of notice must be completed before the required
legal notice is given.
In fixing the public hearing date, the "1913 Act" hearing cannot be held less than
thirty (30) days after the adoption of the Resolution Setting the Hearing.
CITY CLERK SHALL PERFORM THE FOLLOWING:
NOTICE OF IMPROVEMENT. (POSTING)
Cause the NOTICE OF IMPROVEMENT to be posted in accordance with the Certifi- cate of Compliance. Said Notices are to be posted not more than 300 feet apart on all open streets within the District, but not less than three (3) in
all. This posted Notice must be headed by the words "NOTICE OF IMPROVEMENT"
in letters at least one inch in height. The posting must be completed at
least TWENTY (20) DAYS before the date of hearing.
NOTICE OF IMPROVEMCNT a(PUBLICATION)
Cause to be published in the designated legal newspaper in accordance with
Section 6066 af the Government Code, which provides that the Notice shall be
once a week for two (2) successive weeks. Two publications -in a newspaper
published once a week or more often, with at least five (5) days intervening,
not counting the publication date, are sufficient. The first publication of
the Notice shall be at least TWENTY (20) DAYS before the date set for the
hearing.
-
NOTICE TO PROPERTY OWNERS (MAILING)
Cause to be mailed to each person owning real property proposed to be
assessed according to the names and addresses of such owners as the same
appear on the last County Assessment Roll, or at his address as known to the City Clerk. Said mailing is to be completed at least TWENTY (20) DAYS before the date set for hearing. Note that it may be necessary to fill in or enclose the following:
(1 ) Proposed assessment ;
(2) Assessment number and property description.
COVER LETTER FORMAT
I would recommend that the enclosed cover letter format be included with the
mailing of the legal notice for the proceedings. I would further recommend
that the time for informational meetings be scheduled after the receipt of
bids on the improvements, but prior to the public hearing on the project.
This letter should be prepared on your stationery prior to transmittal.
E. WRITTEN COMMUNICATIONS
As written communications relating to the proceedings are received, copies should be delivered to this office, together with copies being delivered to the Engineer. In addition, copies should be prepared and delivered to each member of the legislative body, so that there is ample opportunity to review the communications prior to the public hearing.
***
FINAL DATES FOR PUBLICATION, POSTING AND MAILING:
-7 , - -.
NOTICE OF IMPROVEMENT (POSTING) LAST DAY: FEBRUARY 12, 1986
NOTICE OF IMPROVEMENT (PUBLICATION)
NOTICE TO PROPERTY OWNERS (MAILING)
LAST DAY: FEBRUARY 12, 1986
LAST DAY: FEBRUARY 12, 1986
I would recomnend that these notice requirements be accomplished at an earlier date in order to avoid any last minute confusion.
****
F. MACKENZIE BROWN ATTORNEY AT LAW P. 0. BOX 8025, FAIRBANKS RANCH
RANCHO SANTA FE, CA 92067
TELEPHONE: (619) 756-5994