HomeMy WebLinkAbout1972-09-29; City Council; Resolution 20961
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tain overhead electric and communication facilities within an
underground utility district.
2. The public interest and convenience require and it is the
intention of the City Council to order the following work to be
done or improvements to be made and installed in the City: Curbs,
gutters, pavement, sidewalk, sewer, water, drainage facilities,
street trees, ornamental street lights and appurtenant work, on
Cannon Road and Agua Hedionda Road from Carlsbad Boulevard to the
tree row approximately 600 feet east of Interstate Highway No. 5,
with the street opening to be 102 feet of right of way width and
a curb to curb width of 82 feet, except as modified by the Engineer
in the existing right of way. In addition overhead electric and
communication facilities within the Underground Utility District
No.1-1970, as shown on Exhibit A to the Resolution creating such
underground utility district, shall be completed.
2096 RESOLUTION NO.
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3. The City Council makes the expense of such work charge-
able upon the district, which district the Council declares to be
the district benefitted by the work and to be assessed to pay its
costs. For a description of the district reference is made to a
map of the district on file in the office of the City Clerk and
designated "Assessment and Diagram for Cannon Road Improvement
District 1-1970", which indicates by a boundary line the extent
of the territory included in the proposed district and which shall
govern for all details as to the extent of the assessment district
4. It is the inten'tion of the City Council to enter into an
agreement with The Pacific Telephone and Telegraph Company and wit
the San Diego Gas and Electric Company for their conversion of the
overhead electric and communication facilities and the underground
ing of those facilities and for transfer of title to those facil-
ities to the respective utility systems, to be maintained by them
as part of their systems.
5. The City Clerk is directed to give notice by mail to all
owners within the underground utility district advising them of
the provisions of Streets and Highways Code Section 5896.14 and
10102.1, requiring that any written request by an owner for inclu-
sion in the improvement contract shall be filed with the Clerk not
later than the time set for hearing on the report prepared by the
Engineer under the Municipal Improvement Act of 1913.
6. Serial bonds bearing interest at a rate not to exceed 7%
per annum shall be issued to represent each assessment of $50.00
or over remaining unpaid for 30 days after the date of recordation
of the assessment. The serial bonds shall extend over a period
extending 9 years from the second day of January next succeeding
the next September first following their date. The bonds may be
redeemed by the owners or any persons interested in any lot or
parcel of land, in the manner provided in the Streets and Highways
Code, at any time before maturity and before commencement of
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proceedings for sale, upon payment to the City Treasurer of the
amount then unpaid on the principal sum, with interest calculated
to the due date of the next maturing interest coupon, and all
penalties accrued and unpaid together with a premium of 5% of the
unpaid principal. The bonds are as authorized under the Municipal
Improvement Act of 1913 (Division 12, Chapter 7 of the Streets and
Highways Code of the State of California) and are to be issued
pursuant to the Improvement Act of 1911 (Division 7 of that Code).
7. Assessments under $50.00 shall be subject to the penaltie
and costs and collected as provided for cash assessments in the
Street Opening Act of 1903.
8. The City Council determines that the public interest will
not be served by allowing property owners to take any portion of
the contract for the work of improvement and all such owners shall
be barred from electing to take any portion of the contract.
9. The work is to be done pursuant to the Municipal Improve-
ment Act of 1913.
LQ. Any surplus remaining in the improvement fund after the
completion of the work shall be used for the maintenance and opera
tion of the improvement.
11. Publication of all notices required in these proceedings
shall be made in Carlsbad Journal.
12. Notice is given that on October 30, 1972, at 7:30 o'clock
p.m. in the Chamber of the City Council, 1200 Elm Avenue, Carlsbad,
California, any persons having any objections to the proposed
work of improvement, to the grade at which the work is to be done
or to the extent of the district to be assessed to pay the costs
and expenses of the proposed work or improvement, or to the extent
of the underground utility district and the work to be performed
within that district, may appear before the Council and show cause
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why the proposed improvement should not be carried out in accord-
ance with this resolution. Any such protest must be in writing
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and must contain a description of the
signer is interested, sufficient to i
property in which each
entify the property, and
shall be delivered to and filed with the Clerk of the City of
Carlsbad, 1200 Elm Avenue, Carlsbad, California
than the hour set for hearing.
92008, not later
No other protests will be con-
sidered.
shown on the last equalized assessment roll, the protest must
be accompanied by written evidence that the signer is the owner
of the property.
If the person signing the protest is not the owner
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad at a special meeting held September 29
the following vote:
, 1972, by
AYES: Councilmen McComas, Lewis, Chase and Frazee.
NOES : None /I
ABSENT :
ATTEST :