HomeMy WebLinkAbout1983-12-06; City Council; Resolution 7429"
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RESOLUTION NO. 7429
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING "REPORT" OF THE SUPERIN-
TENDENT OF STREETS ON COST OF CON-
STRUCTION, AND CONFIRMING AND LEVYING
ASSESSMENTS IN CHAPTER 27 PROCEEDINGS
UNDER THE "IMPROVEMENT ACT OF 1911"
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, pursuant to the provisions of Chapter 27, beins
Article 2 of Part 3 of Division 7 of the Streets and Highways Code
of the State of California (the "Improvement Act of 1911"), has
authorized that certain works of improvement shall be constructec
and installed in front of certain privately owned properties ir
what is known and designated as
ASSESSMENT DISTRICT NO. 83-1
(MONROE STREET)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, said construction has been completed pursuant
to proceedings under Chapter 27 of the "Improvement Act of 1911";
and ,
WHEREAS, the Superintendent of Streets has caused notice
of the cost of construction to be given in the form and manner
specified by law, said notice specifying the day, hour and place
for hearing and passing upon the "Report" of the Superintendent of
Streets; and,
WHEREAS, all property owners and other interestec
persons present at said hearing having been heard, and al'
objections and protests, if any, having been considered; and,
w
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WHEREAS, the cost of construction includes a propor-
tionate share of the cost of improvements constructed in a place
other than in front of a parcel of property which are required for
the proper functioning of the improvements in front of the parcel;
and,
WHEREAS, it is desired to confirm the "Report" of the
Superintendent of Streets, and confirm and levy such costs of
construction as assessments against the parcels of property
fronting upon the improvements, as provided by law.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and
correct.
SECTION 2. That all proceedings heretofore conducted
pursuant to Chapter 27 of the "Improvement Act of 1911" for the
construction of certain improvements in the Assessment District
have been conducted in the form and manner required by law, and
are herewith confirmed and approved.
SECTION 3. That the "Report" of the Superintendent of
Streets, as revised, corrected or modified, is herewith approved
and confirmed.
SECTION 4. That the cost of construction is confirmed
and assessed against the parcels of property fronting upon the
improvements so constructed, including a proportionate share of
the cost of improvements constructed in a place other than in
front of a parcel of property which are required for the proper
functioning of the improvements in front of the parcels, all as
set forth in the "Report" of the Superintendent of Streets, which
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"Report" as revised, corrected or modified, is referred to and
incorporated herein by reference as though fully set forth.
SECTION 5. That all such costs so assessed, if not
paid, shall constitute a special assessment against the respective
parcels of property involved, and shall be a lien on the property
for the amount thereof from the time of recordation of the notice
of lien, which lien shall continue until the assessment and all
interest thereon is paid, or until it is discharged of record.
SECTION 6. That the Superintendent of Streets shall
file in the Office of the County Recorder a Certificate of Notice
of Lien in the form and manner required or permitted by law.
SECTION 7. That as previously authorized, any assess-
ments which remain unpaid for 31 days after the confirmation of
the assessments shall be payable in ten (10) annual installments,
and the payment of assessments so deferred shall bear interest on
the unpaid balance at the rate of seven percent (7%) per annum,
said interest to commence on the thirty-first (31st) day after
confirmation of the assessments.
APPROVED and ADOPTED this 6th day of December ¶
1983.
ATTEST:
CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
MAYOR I
CITY OF ~ARLSBAD
STATE OF CALIFORNIA