HomeMy WebLinkAbout1985-12-17; City Council; Resolution 83112 RESOLUTION NO. 8311
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
CONFIRMING THE ASSESSMENT, ORDERING
THE IMPROVEMENTS MADE, TOGETHER WITH
APPURTENANCES, AND APPROVING THE
ENGINEER'S "REPORT"
WHEREAS, - the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, did previously adopt its Resolution of Intention for
the construction of certain public works of improvement, together
with appurtenances and appurtenant work, including acquisition
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where appropriate, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 83-2
(JA.MES D-RIVE)
(hereinafter referred to as the "Assessment District''); and,
WHEREAS, pursuant to said Resolution of Intention, a
"Report", as therein provided, was presented, considered and app-
roved; and,
WHEREAS, said "Report", as preliminarily approved, contained
all the matters and items called for by law and as pursuant to the
provisions of the 4tMunicipal Improvement Act of 1913", being Divi-
sion 12 of the Streets and Highways Code of the State of Cali-
fornia, including the following:
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1. Plans and specifications of the proposed improvements
2. Estimate of cost 3. Diagram of Assessment District 4. An assessment according to benefits 5. A description of the works of improvement; and,
WHEREAS, all protests and objections have been heard and
considered, and a full hearing has been given, all in the manner
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2 WHEREAS, notices of said hearing were duly and regularly
posted, mailed and published in the time, form and manner required
~ by law and as evidenced by affidavits on file with the transcript
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of these proceedings; and,
WHEREAS, the owners of one-half (1/2) of the area asslessed ' for the costs of the project'did not file written protests against
the proposed improvements and acquisition, where appropriate, and
the City Council did, after providing a full hearing, overrule and
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deny all protests and objections; and,
WHEREAS, said City Council is now satisfied with the
assessment and all matters contained in the "Report", as now
updated and submitted.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report", as updated and submitted,
consisting of the assessment and diagram for the improvements,
together with appurtenances and appurtenant work in connection
therewith, including acquisition where appropriate, is hereby
confirmed.
SECTION 3. That the public interest and convenience require
the proposed improvements to be made, and therefore said City
Council hereby orders the work to be done and improvements to be
made together with appurtenances and appurtenant work in connec-
tion therewith, including acquisition where appropriate, in said
Assessment District, as set forth in the Resolution of Intention
previously adopted and as set forth in the "Report11 presented and
considered, and as now submitted.
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SECTION 4. That the assessment contained in said "Report" is
hereby levied upon the respective subdivisions of land in the
Assessment District as set forth in said "Report".
SECTION 5. That the City Clerk shall forthwith deliver to
the Superintendent of Streets the said assessment, together with
the diagram attached thereto and made a part thereof, as con-
firmed, with his certificate of such confirmation attached and the
date thereof; and that said Superintendent of Streets shall then
immediately record said diagram and assessment in his Office in a
suitable book to be kept for that purpose and attach thereto his
certificate of the date of such recording.
SECTION 6. That said. Superintendent of Streets, upon the
recording of said diagram and assessment, shall mail to each owner
of real property within the Assessment District at his last known
address, as the same appears on the tax rolls of the County or on
file in the Office of the City Clerk, or to both addresses if said
address is not the same, or to General Delivery when no address so
appears, a statement containing a designation by street number or
other description of the property assessed sufficient to enable
the owner to identify the same, the amount of the assessment, the
time and place of payment thereof, the effect of failure to pay
within such time, and a statement of the fact that bonds will be
issued on unpaid assessments pursuant to the "Improvement Act of
1911".
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SECTION 7. That said Superintendent of Streets shall also
give notice by publishing a copy of a notice of recording of
assessment in the newspaper previously selected to publish all
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notices as provided by law, giving notice that said assessment has
been recorded in his Office, and that all sums assessed thereon
are due and payable immediately, and that the payment of said
sums is to be made within thirty (30) days after the date of
recording the assessment, which date shall be so stated in said
notice, and of the fact that bonds will be issued upon unpaid
assessments.
SECTION 8. Upon confirmation of the assessments and recor-
dation of the assessment roll and diagram, a certified copy of the
assessment diagram shall be immediately filed in the Office of the
County Recorder. Immediately thereafter, a copy of the notice of
assessment shall be recorded in the Office of the County Recorder
in the manner and form as set forth by law and specifically
Section 3114 of the Streets and Highways Code of the State of
California.
SECTION 9. That the Treasurer is hereby authorized and
directed to establish a special fund account to be known as the
IMPROVEMENT FUND, and designated by the name of this Assessment
District, into which fund shall be paid all payments to be
received upon said assessment, and the proceeds of the sale of
bonds to be issued representing unpaid assessments.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day Of December , 1985, by the
following vote, to wit:
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ri) e
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
IARY H.dCASLtR, Mayor
ATT E ST :
City Clerk
(SEAL)