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HomeMy WebLinkAbout1965-05-18; City Council; Resolution 1141.' '.. ao 3.1 12 13 14 15 3.6 17 18 19 28 21 22 23 24 25 26 27 28 29 30 31 32 0 RESOLUTION NO. 1141 A RESOLUTION OF THE CITY COUNCIL OF TEE 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. 2-1964) WHEREAS, this City Council on the 16th day of March, 1965, adopted its Resolution No. 1120, 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. 1120 was duly published and notices of the passage thereof were duly posted and mailed, and affidavits of publication, post- ing and mailing have been duly filed; and WHEREAS, at the time and place fixed in said Resolution No. 1120, 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. 1120 or the boundaries of the assessment district described therein, the grades to which said work and improvements are to be constructed, or any way relating to the proceedings proposed by said Resolution No. 1120; anc 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 improvement, and all protests and objections have been overruled and denied by this City Coucnil, and this City Council has acquired jurisdiction to order the work described in said Resolution No. 11 2 0. NOW, THEREFORE, 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 the City -- Council of said City of Carlsbad hereby orders the following work to be done or improvement to be made, to wit: All that certain work or improvement described in said Resolution No. 1120, on file in the office of the City Clerk of said City. Reference is hereby made to said Resolution No. 1120 and to plans (which include profiles and detailed drawings) for said work which are designated "Plan for Sewerage System in Terramar Sewer District, Assessment District No. 2-1964", Project No. 4-1, Drawing No. 141-5, consisting of thirteen (13) sheets, and in accordance with said plans and with the specifica- tions for said work, which are designated "Contract Documents and Specifica- tions, No. 2-1964 in Terramar Sewer District", on file in the office of the City Clerk of said City. Section 2. That this City Council has determined and declared that said -- contemplated work hereinbefore mentioned, &I the opinion of this City Council, 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 assessed to pay the cost and expense thereof. For the particular description of said assessment district reference is hereby made to said Resolution No. 1120. 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 re- present each assessment of fifty dollars ($50.00) or over remaining unpaid for thirty (30) days after the date of recordation of the warrant. Said serial bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following their date. Said bonds shall be issued under the Improvement Act of 1911, Division 7, of the Streets and Highways Code of the State of California, and pursuant to Section 6464 of said Streets and Highways Code, this City Council hereby elects and determines that the redemption provisions of said bonds shall provide for a premium of five per cent (5%) of the unpaid principal of said bonds to be paid as provided in said Section 6464. Section 4. That said work and all proceedings therefore shall be done and performed under and in accordance with said Improvement Act of 1911. Section 5. The City Council of the City of Carlsbad does hereby designate the City Clerk of the City of Carlsbad as the person to receive, open, examine The City Clerk of the City of Carlsbad shali fix a time uch bids. -2- 0 0 .nd place for the opening of such bids or proposals, which bids or proposals hall be opened at a public meeting in the Council Chambers of the City Council If the City of Carlsbad at 2960 Pi0 Pic0 Drive, Carlsbad, California. The City Xerk shall report the result of said bidding to the City Council of the City of Jarlsbad at the regular meeting of the City Council next succeeding the date If opening bids, as the same shall have been fixed by the City Clerk. Section 6. The City Clerk of the City of Carlsbad is hereby directed to post :onspicuously for not less than five (5) days on or near the Chamber door of he City Council, in the manner and form required by law, notice inviting sealed woposals or bids for doing the work hereby ordered, which notice shall contain he matters and things required by law. PASSED, APPROVED AND ADOPTED by the City Council of the City of zarlsbad at a regular meeting held on the '$ 1965, by the follow- ng vote, to wit: AYES:Councilmen Dunne, Neisw ender, Atkinson and Jardine. NOES: None. LTTEST: Carl shad,- California :SEXL) -3- e 0 i STATE OF CALIFORNIA: COUNTY OF SAN DIEGO SS, CITY OF CARLSBAD : I, NIARGARET E, ADAMS, 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 re- gular meeting of said City Council held on the 28th day of Map.'., 1965, and that it was adopted by the following vote, to wit: AYES: Councilmen Dunne, Neiswender, Atkinson and Jardine, NOES: None. 1 ABSENT: Councilman Hughes, , ~ STATE OF CALIFORNIA: ' COUNTY OF SAN DIEGO: SS. CITY OF CARLSBAD : I, MARGARET E. ADAMS, City Clhk of said City, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of Resolution No. 1141 and that the same has not been amended or repealed, DATED: /7. (SEAL) Carlsbad, California