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HomeMy WebLinkAbout1957-05-07; City Council; Resolution 262- ,. c b a 2 z 4 E t r 1 t 1' 1 1 1 1 15 1E 17 1€ 1s 2( 2: 21 2 2 2 2 2 c L 2 c c ' , DOES HEREBY RESOLVE, DETERMINE AND ORDER as follows: SECTION 1, That the public interest and convenience require and that it is the intention of 'the City Council of said City of Carlsbad to order the following work to be done or im- provement to be made in the said City of Carlsbad, to wit: The construction of sanitary sewers and appurtenances, and appurtenant work on Pi0 Pic0 Drive between the intersection of Pi0 Pic0 Drive with the center line of Elm Avenue to the intersec- tion of Pi0 Pic0 Drive with the center line of Oak Avenue; on Oak Avenue from the intersection of Oak Avenue with the center line of Pi0 Pic0 Drive to a point on Oak Avenue, approximately 150 feet Westerly of the intersection of Oak Avenue with the cente line of Highland Drive, with the exact nature, extent and location of said improvement to be in accordance with detailed plans on file with the City Clerk of the City of Carlsbad, containing one ( sheet entitled t'Plans for the construction of a sewer from Elm Avenue to Oak Avenue in Frontage Road of State Highway XI-S.D,-2- a9 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN SANI- TARY SEWERS AND APPURTENANCES AND APPURTENANT WORK IN SAID CITY; DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINaRY PUBLIC BENE- _-- __ - FIT; DESCRIBING THE DISTRICT TO BE BENEFITED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF ; DETERMINING THAT BONDS SHALL BE ISSUED TO REPRESENT ASSESSMENTS TO BE LEVIED; and FIX- ING THE TIME AMD PLACE FOR HEARING PROTESTS AND OBJECTIONS TO SAID WORK OR THE EXTENT OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND GIVING NOTICE THEREOF. (Assessment District No, 1-&957) The City Council of the City of Carlsbad, California, - .. L I3 2 7 CI 4 E Y e 7 e 9 1c ,I1 12 12 14 If It 1: It 3.5 2( 2: 2: 2: 2r 21 21 2' 2i 2' 31 Smith and Swips ATTORNEYS AT LAM 580 Elm Avenue Carlsbad. California ' Telephone SAratoga 2-7 3 3 C,B,D,(Pio Pic0 Drive) and from Pi0 Pic0 Drive to Highland Drive in Oak Avenue'*. - The estimated cost of said work or improvement, inclusive of incidental expenses, is the sum of $13,136.10, SECTION 2, That all the aforesaid work or improvement shall be constructed at the grades, along the lines, between the points, of the dimensions, at the places and in the manner shown on the plans (which include profiles and detailed drawings) for said work, designated "Plans for the construction of a sewer from Elm Avenue to Oak Avenue in Frontage Road of State Highway XI-SoD,-2=C,B,D, (Pi0 Pic0 Drive) and from Pi0 Pic0 Drive to Highland Drive in Oak Avenue", consisting of one sheet numbered 1, and in accordance with said plans and with the specifications €or said work, which ax designated Y5pecifications No, 1-1957'. Said plans and specifiea- tions were heretofore approved by this City Council, and are on file in the office of the City Clerk of said city in the City Hall in said city, and reference is hereby made to said plans and specifications for the full and detailed description of said pro- posed work and for a description of the grades at which said work is to be done, SECTION 3, That in the opinion of this City Council the said contemplated work is of more than local or ordinary public benefit and this City Council hereby makes the expense of said work chargeable upon a district, which district this City Council hereby declares to be the district benefited- by said work and to be assessed to pay the coSt and expense thereof. For a descriptior of said district reference is hereby made to a plat or map of said district heretofore approved by this City Council, on file in said office of the said City Clerk and designated %ap of Assessment District No, 1-1957*, which map or plat :indicates by a boundary line the extent of the territory included in the said proposed district and shall govern for all details as to the extent of said -2- ' .. *J 1 2 z 4 E E 7 € E 1( 11 1: 1; 11 l! 1( 1' 14 1' 2 2 2 2 2 2 2 2 2 2 2: 7 c, -I b assessment district, SECTION 4, That serial bonds bearing interest at the rate of six per cent (6%) per annum shall be issued to represent each assessment of twenty-five dollars ($25,00) or over remaining unpaid for thirty (30) days after the date of recordation of the warrant. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next October 15th following their date. pursuant to and as provided in the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of Cali- fornia, and pursuant to the provisions of Section 6464 of said Division 7 this City Council hereby elects and determines that the redemption provisions of said bonds shall provide for a premium of five per cent (5%) of the unpaid principal of said bonc to be paid as provided in said Section 6464 and in said Division 'i Said bonds are to be issued SECTION 5, That the said proposied work is to be done undei and proceedings therefor are to be under and pursuant to the said Improvement Act of 1911, SECTION 6, That notice is hereby given that the 4th day of June, 1957, at the hour of 7:30 o'clock P.M. is the day and hour when, and the Council Chambers of this City Council in the City Hall in said City of Carlsbad is the place where, any and all persons having any protest or objection to said proposed work or to the extent of said assessment district, or to the proposed grades, may appear before the City Council of said city and show cause why said proposed work should not be carried out in accord- ance with this resolution of intention. Protests or objections mi be in writing and must be delivered to the said City Clerk not later than the hour herein set for hearing protests or objections, SECTION 7, THE CARLSBAD JOURNAL, a newspaper of general circulation published and circulated in the said City of Carlsbad and in the County of $an Diego, California, is hereby selected as -3- t the newspaper in which this resolution.shal1 be published and, except when otherwise ordered by this City Council, in which a11 other publications in the proceedings pursuant to this resolution of intention shall be made, The said City Clerk is hereby directe to certify to the adoption of this resolution arid to cause said resolution to be published in the manner provided by law, SECTION 8, The said City Clerk is hereby directed to mail notices of the adoption of this resolution as provided in said Improvement Act of 1911, postage prepaid, to all persons owing real property which is proposed to be assessed to pay any part of the cost of said work, whose names and addresses appear on the last equalized assessment roll or as known to the said City Clerk, including the mailing of such notices to every owner of property assessed by the State under Section 14 of Article XI11 of the Constitution at the address thereof shown on the last board roll smitted to the County Auditor. SECTION 9* The Public Works Director of the said City of Carlsbad is hereby directed to cause to be conspicuously posted along the line of the contemplated work and on all open streets within the said assessment district notices of the passage of thiE resolution of intention in the time, form and manner provided by law, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad on the 7th day of May, 1457, by the following vote: AYES : byor Castorma Comoilm0n Robinson, Baipd, NOES : Nme ABSENT: Nae Heltoa and fedgemrood STORENA, payor of the City of Carlsbad, Carlsbad, California ATTEST : 5!+.8.& MI, 0, EWALD, City Clerk -4- c .- a 2 3 4 5 6 7 e 9 1c 11 12 1: 14 1: 1t bl 1l 1: 2( 2: 2; 2; 24 2, 21 2' 21 2 3 3 3 STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: ss. CITY OF CARLSBAD : I, M. 0. EWALD, City Clerk of. the City Oi Car,sbac., California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city and wa5 approved by the Mayor of said city at a regular meeting of said City Council held on the 7th day of May, 1955, and that it was adopted by the following vote, to wit: AYES: Councilmen Ledgerwood, Robinson, Castorena, Helton and Baird. (SEAL) NOES: None ABSENT: None 2k. Q. u- M. 0. EWALD. City Clerk of the City of'CarlHbad, Carlsbad, California . -4