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HomeMy WebLinkAbout1980-05-06; City Council; Resolution 6175i ' '6, ? . RESOLUTION NO. 61 75 RESOLUTION OF THE CITY COUNCIL ORDERING CERTAIN CHANGES AND MODIFICATIONS IN THE PRO- CEEDINGS AND ASSESSMENTS IN AN ASSESSMENT DISTRICT. WHEREAS, this City Council has instituted proceedings pursuant to the terms and provisions of Division 4 of the Streets and Highways Code of the State of California, the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931," and under the provisions of the "Municipal Improvement Act of 1913," being Division 12 of said Code, for the construction of certain public works of improvements, together with appurtenances and appurtenant work in connection therewith in a special ass- essment district known and designated as ASSESSMENT DISTRICT NO. 79-1 (hereinafter referred to as the "Assessment District") ; and WHEREAS, notice of the time and place for the Public Hearing, pursuant to and in the manner required by law, has been given in the form and manner prescribed by law and at the time set for the. Public Hearing, the City Council has considered all evidence and testimony and heard from all persons interested and desiring to present testimony or to speak at the Public Hearing; and WHEREAS, prior to said Public Hearing, sealed bids were received and considered for the construction of the works of improvements in the Assessment District, and based on the recomendations therefor it is now determined that assessments can be amended and modified because of the favorable construction bid so received; and WHERFAS, at this time, this City Council deems it desirable and in the best public interest and conveniecce to order certain changes and modifications in the works of improvements as pre- viously proposed for said Assessment District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD AS FOLLOWS: SECTION 1, That the above recitals are all true and correct, SECTION 2. That the public interest and convenience requires, and pursuant to the provisions of Division 4 of.the Streets and Highways Code of the State of California and specifically pursuant to the authority of Section 10352 of said Code, this City Council hereby orders changes and modifications as set forth on the attached Exhibit "A," hereby referenced and incorporated herein. SECTION 3. SECTION 4. e That the Superintendent of Streets is hereby ordered to make the above-listed corrections and modifica- tions for the assessment roll, and the assessments and the plans shall be so modified to reflect the amend- ments as ordered by this City Council. . That the proceedings and assessment district as herein modified and amended shall now stand as the proceed- ings and Assessment District for all subsequent actions to be taken by this City Council, and these changes and modifications are pursuant to the terms and provi- sions of Part IV of Division 4 of the Streets and Highways Code and the terns and provisions of the "Municipal Improvement Act of 1913, '' being Division 12 of said Code, and said project is deemed to be sub- stantially the same as set forth in the "Report" as previously approved by this City Council. APPROVED and ADOPTED this 6th day of May, 1980 CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : CITY OF CARLSBAD STATE OF CALIFORNIA -2- CHANGES AND MODIFICATIONS ASSESSMENT DISTRICT NO. 79-1 [BRISTOL COVE ASSESSMENT DZSTRICTl I. Based on bids received for the works of improvement and bonds for this Assessment District, all assessments can be modified and reduced at this time. aggregate assessments for said project be modified as follows: It is hereby ordered that the PRELIMINARY AS APPROVAL MODIFIED TOTAL CONSTRUCTION COSTS: $ 224,743.00 $ 190,812.00 TOTAL INCIDENTAL EXPEXSES I $ 63,857.00 .$ 57,183.00 TOTAL ESTIMATED COST: $ 288,600.00 $ 247,995.00 ESTIMATED CONTRIBUTION: $ 75,000.00 $ 75,000.00 BALANCE TO ASSESSMENT: $ 213,600.00 $ 172,995.00 ***** EXHIBIT "A" L.. e STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) SS. CITY OF CAKLSSAD 1 I, ALETKa L. RAUTENKRABZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIXY that the foregoing Resolution, being Resolution No- 6175 , was duly passed, approved, and adopted by said City Council, approved and signed by the MayOK, and attested by the City Clerk, meeting of said City Council, held on the , 1980, and that the same was passed and adopt- ed by the following vote, to-wit: - a11 at a reqular 6th day of May AYES : COUNCILMEN : Packard , Lewis , Arrear, . Councilwomen Casler and Kulchin NOES : COUNCILMEN : None ABSENT: COUNCILMEN : None Executed this 7th day of May , 1980, - at CARLSBAD, California. CITY OF CARLSBAD STATE OF CALIFORNIA