HomeMy WebLinkAbout1997-01-21; City Council; 14009; ADOPTION OF ORDINANCE NO. NS-391 REVISION TO CARLSBAD MUNICIPAL CODE REGARDING UNDERGROUND UTILITY DISTRICTS->
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AB * w E ADOPTION OF ORDINANCE NO. NS-391 DEPT. I
MTG. 1/21/97 REVISION TO CARLSBAD MUNICIPAL CODE CITY A
jfU L,
DEPT. CLK REGARDING UNDERGROUND UTILITY DISTRICTS CITY M
RECOMMENDED ACTION:
Adopt Ordinance No. NS-39 1, amending Title 1 1, Chapter 1 1.08 of the Carlsbad Municipal
Code regarding Underground Utility Districts.
ITEM EXPLANATION:
Ordinance No. NS-391 was introduced, and first read at the City Council meeting held on
January 14, 1997. The second reading allows the City Council to adopt the ordinance which
would then become effective in thirty days. The City Clerk will have the ordinance published
within fifteen days, if adopted.
FISCAL IMPACT:
See Agenda Bill No. 13,993 on file with the City Clerk.
EXHIBITS:
1. Ordinance No. NS-391.
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ORDINANCE NO. ~~-391
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA AMENDING TITLE 11,
CHAPTER 11.08 REGARDING UNDERGROUND UTILITY
DISTRICTS
The City Council of the City of Carlsbad, California does
ordain as follows:
SECTION I: That Title 11, Chapter 11.08 of the Carlsbad Municip;
is amended by the amendment of section 11.08.090(e) to read as follows
“(e) The notice given by the city engineer to provide the r
underground facilities shall particularly specify what work is required to be do
shall state that if the work is not completed within thirty days after receipt of suck
the city engineer will provide such required underground facilities, in which c
cost and expense thereof will become a lien upon the property benefited.”
SECTION II: That Title 11, Chapter 11.08 of the Carlsbad Municip
is amended by the amendment of the second and third sentences in
11.08.090(f) to read as follows
“(9 Upon completion of the work by the city engineer, he sh;
written report with the city council setting forth the fact that the required undc
facilities have been provided and the cost thereof, together with a legal descr
the property against which such cost is to become a lien. The council shall th
fix a time and place for hearing protests against the cost of such work up
premises, which said time shall not be less than ten days thereafter.”
SECTION Ill: That Title 11, Chapter 11.08 of the Carlsbad Municir
is amended by the amendment of section 11.08.090(g) to read as follows:
“(9) The city engineer shall forthwith, upon the time for heari
protests having been fixed, give a notice in writing to the person in possessior
premises, and a notice in writing thereof to the owner thereof, in the
hereinabove provided for the giving of the notice to provide the required und(
facilities, of the time and place that the council will pass upon such report and
protests. Such notice shall also set forth the amount of the proposed lien.”
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SECTION IV: That Title 11, Chapter 11.08 of the Carlsbad MI
Code is amended by the amendment of section 11.08.090(h) to read as follows:
“(h) Upon the date and hour set for the hearing of protests, the
shall hear and consider the report and all protests, if there by any, and then pro
affirm, modify or reject the lien.”
SECTION V: That Title 11, Chapter 1.08 of the Carlsbad Municipi
is amended by the amendment of section 11.08.090(1) to read as follows:
“(I) If these costs are not paid within five days after their confirmati
the City Council, they shall become a lien upon the real property as described b!
City Engineer, and the City Engineer is directed to turn over to the assessor and
collector a Notice of Lien on each of the properties on which these costs have nc
regular bill for taxes levied against the premises for which the work has been per
and has not been paid. These costs shall be due and payable at the same time
property taxes are due
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paid, and the assessor and tax collector shall add the amount of these costs to tl
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and payable, and if not paid when due and payable, shall bear interest at the rate per year.”
EFFECTIVE DATE: This ordinance shall be effective thirty days i
adoption, and the City Clerk shall certify the adoption of this ordinance and cau
be published at least once in a newspaper of general circulation in the City of C:
within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the C:
City Council on the 14th day of January , 1997, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council
City of Carlsbad on the 21st day of January , 1997, by the fo
vote, to wit:
AYES:
NOES: None
Council Members Lewis, Finnila, Nygaard, Kulchin and
ABSENT: None
APPROVED AS TO FORM AND LEGALITY L?Q&= RONALD R. BALL, City Attorrte /*zz.s J-
ATTEST:
AzkLA&- ALETHA L. RAUTENKRANZ, City Clerk \
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