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Home My WebLink About1964-06-03; City Council; Resolution 1035RESOLUTION NO. 1035 1 A RESOLUTION OF THE CI TY COUNCIL OF THE CITY OF CARLSBAD, ORDERING THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS AND ORDERING POSTING AND PUBLICATION OF NOTICES INVITING SEALED PROPOSALS OR BIDS. (Assessment District No. 1-2963) WHEREAS, this City Council on the 5th day of May, 1964, adopted its Resolution No. 2026, declaring its intention to order the construction of certain street improvements to be made under and pursuant to the Improvement Act of 1911, Division 7 of the Streets and Highways Code of the State of California; and WHEREAS, said Resolution No. 1026, was duly published and notices of the passage thereof were duly posted and mailed, and affidavits of publication, posting and mailing have been duly filed; and WHEREAS, at the time and place fixed in said Resolution No. 1026, a hearing was duly held by this City Council at which time all protests or objections were presented, if any, and this City Council gave all persons present an opportunity to be heard in respect of any matter relating to the work proposed in said Resolution No. 9026, or the boundaries of the assessment 20 11 district described therein, the grades to which said work and improvements - I 21 j/ are to be constructed, or any way relating to the proceedings proposed by said Resolution No. 1026; and WHEREAS, all such persons desiring to be heard have been heard by this City Council; and WHEREAS, protests have not been made by the owners of more than one-half of the area of the property to be assessed for the work or improve- ment, and all protests and objections have been overruled and denied by this City Council, and this City Council has acquired jurisdiction to order the work described in said Resolution No. 1026. NOW, THEREFORE, the City Council of the City of Carlsbad, California, DOES €EREBY RESOLVE, DETERMINE AND ORDER asfollows: ,? # " 3 2 2 4 E 6 7 e 9 10 3.1 92 3.3 94 15 16 2.7 18 19 2c 21 22 2: 24 2E 2E 2'; 2E 2< 3( 3: 3: e 0 Section 1. That the public interest and convenience require and the City Council of said City hereby orders the following work to be done or im- provement to be made, to wit: All that certain work or improvement described in said Resolution No. 1026, on file in the office of the City Clerk of said City. Reference is hereby made to said Resolution No. 1026 and to plans (which inch profiles and detailed drawings) for said work which are designated "Constructio Plans for the improvement of Hemlock Avenue, Project No. 3-27, Drawing No. 139-'7'', on file in the office of the City Clerk of said City, and to specifica- tions for said work which are designated"Contract Documents and Construction Specifications No. 1-1963", also on file in the office of said City Clerk, for a more particular description of said work and for the grades at which such work shall be done. Section 2. That this City Council has determined and declared that said contemplated work hereinbefore mentioned, in the opinion of this City Council, I is more than local or ordinary public benefit, and this City Council has made the expense of said work chargeable upon a district, which district this City Council has declared to be the district benefited by said work and to be assessec to pay the cost and expense thereof. For the particular description of said assessment district reference is hereby made to said Resolution No. 1026. Section 3. That this City Council determines and declares 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 remain- ing unpaid for thirty (30) days after the date of recordation of the warrant. 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. Sand bonds shall be issued under the Lmprovement Act of 1911, Division 7, of the Streets and Highways Code of the State of California, and pursuant to Section 6464 of said Streets and Highways Code, this City Council hereby elects and determines that the redemption provisions of said bonds shall Said 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. Section 4. That said work and all proceedings therefore shall be done -2 - c 3. 1, 1: 3.d I.! Bt 1: TI 15 2c 21 22 23 24 25 26 27 28 29 30 31 32 0 0 and performed under and in accordance with said Irnprovement Act of 1911. Section 5. The City Council of the City of Carlsbad does hereby desig- nate the City Clerk of the City of Carlsbad as the person to receive, open, examine and declare such bids. The City Clerk of the City of Carlsbad shall fix a time and place for the opening of such bids or proposals, which bids or proposals shall be opened at a public meeting in the Council Chambers of the City Council of the City of Carlsbad at 2960 Pi0 Pic0 Drive, Carlsbad, Cali- fornia. The City Clerk shall report the result of said bidding to the City Coun of the City of Carlsbad at the regular meeting of the City Council next succeed ing the date of opening bids, as the same shall have been fixed by the City Clei The City Clerk of the City of Carlsbad is hereby directed to post conspicuously for not less than five (5) days on or near the Chamber door of the C ouncil, in the manner and form required by law, notice inviting sealed proposals or bids for doing the work hereby ordered; said City Clerk is hereby directed to publish twice (2) in the Carlsbad Journal, a newspaper of general circulation, a notice inviting such sealed proposals or bids for the doing of the work hereby ordered, which notice shall contain the matters and things required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at a regular meeting of the Council held on the 3rd day of June, 1964, by the following vote, to wit: AYES: Councilmen Atkinson, Guevara, Neiswender, Jardine and Hughes. NOES: None ABSENT: None !ITTEST: Carl sbad, California ,J " 1 3 a 3.4 li I( 3.' 1( 1E 2c 27 22 22 24 25 26 27 2% 29 30 31 32 0 e STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: SS CITY OF CARLSBAD : I, MARGARET E, ADAMS, City Clerk of the City of Carlsbad, Californ 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 June, 1964, and that it was adopted by the following vote, to wit: AYES: Councilmen Atkinson, Guevara, Neiswender, Jardine and Hughes, NOES: None ABSENT: None STATE OF CALIFORNIA: COUNTY OF SAN DIEGO: SS. CITY OF CARLSBAD : I, MARGARET E. ADAMS, City Clerk of said City, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 1035 and that the same has not been amended or repealed. DATED: June 4, 1964 :SEAL)