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HomeMy WebLinkAbout1983-04-19; City Council; Resolution 71831 2 3 4 5 6 7 8 3 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 7183 RESOLUTION OF THE CITY COUNCIL ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS TENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENTS WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 'ALIFORNIA, is desirous to institute proceedings pursuant to the ~rovisions of Chapter 27 of the "Improvement Act of 1911", being livision 7 of the Streets and Highways Code of the State of Cali- ornia, for the construction of certain authorized improvements in WITHIN A BLOCK, AND INSTRUCTING THE SUPERIN- . special assessment district known and designated as ASSESSMENT DISTRICT NO. 83-1 (MONROE STREET) hereinafter referred to as the "Assessment District"); and, WHEREAS, Sections 5875 and 5876 of said Streets and ighways Code expressly authorizes the Superintendent of Streets o notify property owners to construct or cause to be constructed ublic works of improvement when said improvements have been onstructed in front of properties constituting more than 50% of he frontage in any block; and, WHEREAS, Sections 5875 and 5876 of said Streets and ighways Code authorize the legislative body, upon its own motion, o order the installation of authorized improvements in front of roperties, with the costs thereon to be assessed as set forth nder the provisions of said Chapter 27. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and orrect. 4 5 6 7 3 9 5 0 SECTION 4. That the works of improvement, in the )pinion of this City Council, will benefit the abutting and front- ing property or properties within said block, and the expenses of ;aid improvement are hereby made chargeable upon the property or iroperties within the boundaries of the Assessment District, which listrict this City Council declares to be the area and abutting iroperty or properties benefiting by the work and improvements. -or a general description of the Assessment District and area of ienefit, reference is made to a map of said District hereto approved, said map identified by the name and number of this Assessment District, and said map shall be kept on file with the 13 1-4 15 1.6 l'i E 19 20 21 22 2: 24 2E 2(! 2' 2i DESCRIPTION OF IMPROVEMENT SECTION 2. That the public interest and convenience requires, and this City Council hereby orders the installation of the following public improvement work: The construction of certain curbs, gutters, sidewalks and paving on MONROE STREET (400 feet of work) commenc- ing at a point approximately 180 feet Northerly of CHESTNUT. PLANS SECTION 3. All of the above-mentioned works of improvement shall be generally constructed at the grades, along the lines, between the points, and at the places and in the manner 3s shown on the plans for said work designated by the number and lame of the Assessment District, which said plans are hereby app- *oved and adopted. For all particulars as to the alignment of the and det ai 1 ed description , reference is hereby made and specifications on file in the Office of the vork and a ful LO said plans ingineer. 1. lltranscript of these proceedings and open to public inspection. I/ RESPONSIBILITY OF PROPERTY OWNER SECTION 5. Pursuant to the provisions of Section 5875 4Ilof Chapter 27 of the "Improvement Act of 1911", it is hereby -'/declared to be the responsibility of the owner of the lots or por- a ;I of lots fronting on the public street where this legislative lbody, pursuant to said Section, by its own motion, orders the iinstallation of the improvement, and the property owners shall /have the duty and responsibility of constructing or causing the construction of said improvements in front of their properties I ~l!bithin sixty (60) days upon notice so to do by the Superintendent I f Streets. If the work is not performed by the property owners 13 /hithin said period, the Superintendent of Streets shall proceed to 14:, lc ause said work to be completed. 'I I/ 12 ii" ~i 15 16 17 18 19 20 21 22 23 24 25 26 21 28 i IMPROVEMENT ACT SECTION 6. That all of the work and improvements here- in proposed shall be done and carried through and financed pursu- nt to the provisions of Chapter 27 of the "Improvement Act of il911", being Division 7 of the Streets and Highways Code of the btate of California. For all particulars, reference is made to laid IIActl' and the provisions contained therein. I i P I PUBLIC HEARING I SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE TH DAY OF JUNE, 1983, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE ' EGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL HAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO I HE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED I i 1 'E 3 4 c 3 8 ? 8 9 1 0 11 42 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'1 28 HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE IONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. ASSESSMENT COLLECTION SECTION 8. If the work is done by the City, and if the 2ssessment cost is not paid upon confirmation of the assessment, ;he Street Superintendent shall cause a certain amount of the 3ssessment to be added to the next regular bill for taxes levied igainst the lot or parcel of land. It is hereby further deter- nined that the payment of such assessments may be made in annual installments, not to exceed TEN (lo), and that the payment of xssessments so deferred shall bear interest on the unpaid balance it the rate of SEVEN percent (7%) per annum. Said interest shall legin to run on the 31st day after the confirmation of the assess- lent. All laws applicable to the levy, collection and enforcement )f City and County taxes are hereby made applicable to the above- .eferenced special assessment tax. The obligation shall continue inti1 all assessments have been made and discharged of record. NOTICE SECTION 9. The Superintendent of Streets is hereby lirected to notify the owner or person in possession of the pro- )erties fronting on that portion of the street in the block where .he work is to be constructed and directing them to construct or :ause to be constructed the improvements within sixty (60) days Lfter notice is given, and to diligently and without interruption irosecute to completion said work. A. Notice shall be given by delivering a vritten notice personally to the owner or to the person in posses- ;ion of the property fronting the improvements, OR by mailing a .I* 1 2 3 4 5 6 a 3 9 10 I1 12 13 14 1 .F; 16 17 18 19 20 21 22 23 24 25 26 21 28 postal card, postage prepaid, to the person at his last known address as the same appears on the last equalized assessment roll used for tax collection, or the name and address of the person owning such property as shown in the records of the City Clerk. B. The Superintendent of Streets shall also immediately cause a copy of said notice, printed on a card not less than eight (8) inches by ten (10) inches in size, to be posted in a conspicuous place on the property. C. The Superintendent of Streets shall cause a copy of the proposed boundary map to be filed in the Office of the County Recorder within fifteen (15) days after the adoption of this Resolution setting a time and place for public year i ng . COST ESTIMATE SECTION 10. The estimated cost of the works of improvement as proposed udner these proceedings shall be as Follows: ESTIMATED CONSTRUCTION & CONTMGENCIES: $ 11,930.00 ESTIMATED INCIDENTAL EXPENSES: $ 2,700.00 TOTAL ESTIMATED COST 81 ASSESSMENT: $ 14,630.00 APPROVED and ADOPTED this 19th day of April Y 1983. &- MAYOR ,I CITY OF ~‘ARLSBAD STATE OF CALIFORNIA /I 3TTEST: r :ITY OF CARLSBAD 5TATE OF CALIFORNIA 25 26 27 28 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 7183 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council ield on the 19th day of April, 1983, and that the same was passed md adopted by the following vote: AYES: Council Members Casler, Lewis, Kulchin, Chick and NOES: None ABSENT: None ABSTA1N:None Prescot IXECUTED this 20th day of April, 1983, at Carlsbad, California. ' CITY OF CARLSBAD STATE OF CALIFORNIA SEAL)