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HomeMy WebLinkAbout1972-04-18; City Council; Resolution 1988. I 1 4 4 1 I I ! ac 1: 3.1 1: 14 l! It I' It l! 2( 21 2: 2: 24 2: 2E 27 2€ 29 3c 31 32 3025.26' 4 RESOLUTION OF INTENTION NO. 1985 RES LUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD ASSESSMENT DISTRICT NO. 2L1969 (Regarding Proposed Improvement of Sewers in Highland Drive Between Tamarack and Elm Avenues) WHEREAS, the City Council designated Hunter T. Cook as the Superintendent of Streets and the Engineer of Work to perform any and all duties conferred upon the Superintendent of Streets and Engineer of Work by the Improvement Act of 1911 and desilgnated Judson T. Naiman as Assessment Engineer, both in connection with the work and improvements and assessment hereinafter described and WHEREAS, the Engineer of Work has furnished to this Council ?lans and specifications for the construction of a'sanitary sewer system in a portion of Highland Drive in Assessment District No. 2-1969 and WHEREAS, the Assessment Engineer has furnished to the Council 3 proposed map of the assessment district which has been adopted 2y the Council, together with careful estimates of the costs and 2xpenses of the construction. The City Council of the City of Carlsbad does hereby resolve 1s follows: 1. The public interest and convenience require and it is the -ntention of the City Council of the City of Carlsbad, referred to is the Council, to order the following work to be done and improve- lent to be made in the area of Assessment District No. 2-1969 in th :ity of Carlsbad, namely: The construction of sewers, manholes and appurtenances in :ights of way, including public streets, as shown on "Map of Assess lent District", approved and adopted by the Council in its Resolu- :ion No. 1985 on April 18, 1972. 2. All of the said work hereinbefore generally described 1 2 3 4 5 6 7 E s IC 11 12 1: 14 15 le 3.7 I€ 15 2c 21 2: 2: 24 2: 2t 27 2€ 25 3( 3: 3: :hall be constructed in the manner, to the grades, at the locations rithin the limits, of the materials, and of the dimensions as shown ipon and in accordance with the plans, profiles, drawings, typical :ross-sections and specifications therefor, contained in plans and ;pecifications on file in the office of the Clerk of the City of :arl.sbad, and by this reference thereto, all said plans, profiles, lrawings, typical cross-sections and specifications are made a )art hereof. 3. Serial bonds shall be issued to represent each assessment )f Fifty Dollars ($50) or more remaining unpaid after the last date ior payment of assessments, as specified in the statement provided )y Section 5390 of the Streets and Highways Code of the State of :alifornia. Said statement shall be mailed to each property owner rithin the assessment district at least thirty (30) days prior to ;he last date for payment of assessments. Said serial bonds shall 2xtend over a period ending nine (9) years from the second day of ranuary next succeeding the next September first following their late, and an even annual proportion of the principal sum thereof ;hall be payable, by coupon, on the second day of January every yea following the next September first after their date until the whole -s paid. Said bonds shall bear interest at the rate of seven per :ent (7%) per annum, interest payable semi-annually, by coupon, on ill sums unpaid until the whole of said principal and interest is >aid; and said bonds shall provide that if said bonds are redeemed iefore maturity and before commencement of proceedings for sale, in iddition to all other sums unpaid and accrued, a premium of five >er cent (5%) of the unmatured principal shall be paid. Said bondE ;hall be issued and the principal, interest and premium shall be >aid under and in pursuance of the Improvement Act of 1911 and amendmetns thereto. 4. The contemplated work and improvement hereinbefore men- tioned is, in the opinion of the Council of more than local and 1 2 3 4 5 E 7 E s 1C 11 12 a: 14 1: le 17 ZE 15 2c 21 22 22 24 2: 2E 2'i 2€ 25 3c 31 32 xdinary benefit to the public and the expenses of such work and improvement are made chargeable upon the district hereinafter de- scribed, and the Council does hereby declare said district to be the district benefited by said work and improvement, and to be zissessed to pay the costs and expenses thereof. Said district is fiescribed as follows, to wit: All that real property in the City 3f Carlsbad included within the exterior boundary lines of said %-strict as shown upon that certain map indicating the exterior Doundary lines of such district, which map, approved by the Council is on file in the office of the Clerk, excepting therefrom all ?ublic streets, roads, alleys, avenues and highways. Reference is iereby made to the map for a full and complete description of the zissessment district and the map shall govern for all details as to the extent of the assessment district. 5. It is the opinion of the Council that the public interest dl1 not be served by allowing the property owners to take the zontract for the work to be done under these proceedings. 6. NOTICE IS HEREBY GIVEN that on Tuesday, the 16th day of 4ay, 1972, at 7:30 o'clock p.m. in the chamber of the Council, 1200 Elm Avenue, Carlsbad, California, any and all persons having my objections to the proposed work or improvement, to the grade zit which said work is to be done, or to the extent of the district to be assessed to pay the costs and expenses of said proposed work 3r improvement, may appear before the Council and show cause why said proposed improvement should not be carried out in accordance rJith this resolution. 7. Such protest, if any, must be in writing and must contain ri description of the property in which each signer thereof is in- terested, sufficient to identify the same, and shall be delivered to and filed with the Clerk of the City of Carlsbad, 1200 Elm Avenu Zarlsbad, California 92008, not later than the hour hereinabove set for hearing. No other protests or objections will be considered. 1 2 3 4 5 6 7 e 9 IC 11 1% 12 14 15 3E 17 LE 1s 2c 21 22 2: 24 25 26 27 22 29 3c 31 32 If the person signing the protest is not the owner shown on the Last equalized assessment roll, the protest must contain, or be xcompanied by, written evidence that such signer is the owner of the property. 8. The Clerk of the City of Carlsbad is hereby directed to Zause this Resolution of Intention to be published twice in the Clarlsbad Journal, the newspaper hereby designated for that purpose ~y the Council. 9. The Clerk of the City of Carlsbad is hereby directed to nail notice of the adoption of this Resolution of Intention, post- 2ge prepaid, to all persons owning real property proposed to be 2ssessed, whose names and addresses appear on the last equalized 3lounty Assessment Roll, or as known to said Clerk, all in the time, Eorm and manner required by law; if property assessed by the State inder Section 14 of Article XI11 of the Constitution is proposed to De assessed, such notice shall be mailed to every owner of such ?roperty at the address thereof shown on the last board roll trans- nitted to the County Auditor as required by Section 5070, Streets 2nd Highways Code. 10. The Clerk of &he City of Carlsbad shall, upon completion Df the mailing of said notices, file with this Council an affidavit setting forth time and manner of the compliance with the above requirements for mailing such notices. 11,. The Superintendent of Streets shall, after the adoption Df this Resolution of Intention, cause to be conspiculously posted 3long the line of said contemplated work of improvement, at not nore than three hundred feet (300') in distance apart, but not less than three in all, notices of the passage of this Resolution of Intention, all in the time, form and manner required by law; and thereupon said Superintendent of Streets shall cause to be filed in the office of the Clerk of the City of Carlsbad an affidavit showing the posting of said notices of improvement. 1 2 3 4 5 E 7 E 5 b( 1: 1: 1: 11 1: 11 1' 1 1 2 2 2 2 2 2 2 2 2 2 3 3 2 72. The City Council declares its intention to contribute to .he cost of the work of improvement an amount estimated at $1,446, LS more particularly described in Exhibit B to the report of the lssessment Engineer dated March 29, 1972. 13. All of the herein proposed work shall be done in pur- juance of an Act of the Legislature of the State of California, lesignated as the "Improvement Act of 1911" and amendments thereto. PASSED, APPROVED, AND ADOPTED at a meeting of the City Council If the City of Carlsbad, California, held April 18, 1972, by the ollowing vote, to wit: AYES : Cmn. Dunne, McComas, Lewis, Chase and Frazee. NOES : None. ABSTAIN : None. LTTEST: nyy :it$ C erk R R E.