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HomeMy WebLinkAbout1962-07-03; City Council; Resolution 809I 2 7 b, 4 5 6 7 8 9 10 11 12 13 14 15 36 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 0 RESOLUTION NO. 809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAWFORNL& DECLARING ITS INTENTION TO ORDER THE CONSTRUCTION OF CERTAIN SANITARY SEWERS AND APPURTENANCES AND APPUR- TENANT WORK IN SAID CITY: DECLARING THE WORK TO BE OF MORE THAN LOCAL OR ORDINARY PUBLIC BENEFIT; DESCRIBING THE DISTRICT TO BE BENEFLTED BY SAID WORK AND TO BE ASSESSED TO PAY THE COST AND EXPENSE THEREOF; DETERI"ING THAT BONDS SHALL BE ISSUED TO REPFCE- SENT ASSESSMENTS TO BE LEVIED; AND FLXING THE TIME AND PLACE FOR KEARING PROTESTS AND OBJECTIONS TO SAID WORK OR THE EXTENT OF THE DISTRICT TO BE ASSESSED, OR BOTH, AND GIVING NOTICE THEREOF. (Assessment District No. 2-1961) The City Council of the City of Carlsbad, California, 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 improvement to be made in the said City of Carlsbad, to wit: The construction of sanitary sewers and appurtenances, and appurtenant work in Pia Pica Drive, Chinquapin Avenue, Tamarack Avenue, Adams Street, Highland Drive, and easements in public rights of way in Tract 237, Thum Land Map 1681, 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 thirteen (1 3) sheets entitled "Construction Plans of San itar, Sewer System in Pi0 Pic0 Drive, Chinquapin Avenue, Tamarack Avenue, AdamE Street, Highland Drive, and easements in public rights of way in Tract 237, Thum Lands, Map 1681". The estimated cost of said work or improvement, inclusive of incidental expenses, is the sum of $32,492.00. SECTION 2. That all the aforesaid work or improvement shall be con- structed 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 "Construction Plans of Sanitary 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3c 31 3: Sewer System in Pi0 Pic0 Drive, Chinquapin Avenue, Tamarack Avenue, Adams Street, Highland Drive, and easements in public rights of way in Tract 237, Thum Lands, Map 1681" consisting of thirteen sheets, and in accordance with said plans and with the specifications for said work, which are designated Contract Documents and Construction Specifications, No. 2 - 1961". Said plans I1 and specifications 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 detail- ed description of said proposed 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 contemplatec work is of more than local or odinary public benefit and this City Cauncil 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. of said district reference is hereby made to a plat or map of said district For a description heretofore approved by this City Council, on file in said office of the said City Clerk and designated ItMap of Assessment District No, 2-1961", which map of plat indicates by a boundary line the extent of the territory included in the pro- posed district and shall govern for all details as to the extent of said 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 fifty dollars ($50.00) or over remaining unpaid for thirty (30) days after the date of recorda- tion 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 September 1st following their date. Said bonds are to be issued pursuant to and as provided in the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California, and pursuant to the provisions of Section 6464 of said Divisic 7, this City Council hereby elects and determines that the redemption provisioni of said bonds shall provide for a premium of five per cent (5%) of the unpaid principal of said bonds to be paid as provided in said Section 6464 and in said Division 7. -2 - 1 2 7 G 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 SECTION 5. That the said proposed work is to be done under and proceed- ings therefore are to be under and pursumt to the said improvement Act of 1911. SECTION 6. That notice is hereby given that the 7th day of Aagust, 1982, at the hour of 7:30 o'clock P. M. is the day and hour when, and the Council Chambers of the City Council in the City Hall insaid City of Carlsbad is the place where, any and all persons having any protest or objection to said propose1 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 propose work should not be carried out in accordance with this resolution of intention. Protests or objections must be in writing and must be delivered to the said City Clerk not later than the hour herein set for hearing protests or objections. All protests and objections must be in writing and must contain a descrip- tion of the property in which each signer thereof is interested, sufficient to identify the same and shall be delivered ta and filed with the City Clerk, City of Carlsbad at 2960 Pi0 Pic0 Drive, Carlsbad, California. SECTIQN 7. THE CARLSBAD JOURNAL, a newspaper of general circulation published and circulated in the said City of Carlsbad and in the County of San Diego, California, is hereby selected as the newspaper in which this resolution of intention shall be made. The said City Clerk is hereby direct ed to certify to the adoption of this resolution and 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 resolutiun as provided in said Improvement Act of 1911, postage prepaid, to all persons owning 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 Article XIII of the constitution at the address thereof shown on the last board roll transmitted to the County Auditor. PASSED, APPROVED AND ADOPTED at a regular meeting of the City -3- 2 3 4 14 15 16 37 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AYES: NOES: None ABSENT: Councilman McPherson Councilmen Guevara, Bierce, Neiswender and Hughes. 9 ATTEST: il STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: SS. CITY OF CARLSBAD : I, J. H. PRICE, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the City Council of said city and was approved by the Mayor of said city at a regular meeting of said City Council held on the 3rd- day of July, 1962, and that it was adopted by the following vote, to wit: AYES: NOES: None ABSENT: Councilman McPherson Councilmen Guevara, Bierce, Neiswender and Hughes -l&k of th2 C ity of Yarlsbad, Carlsbad, California (SEAL) - 4-