HomeMy WebLinkAbout1986-01-28; City Council; Resolution 83731
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RESOLUTION NO. 8373
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE INSTALLATION OF CERTAIN PUBLIC IMPROVEMENTS WITHIN A BLOCK, AND INSTRUCTING THE SUPERINTENDENT OF STREETS TO GIVE NOTICE AND ORDER THE CONSTRUCTION OF SAID IMPROVEMENT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
is desirous to institute proceedings pursuant to the provisions of
Chapter 27 of the "Improvement Act of 1911", being Division 7 of
the Streets and Highwrays Code of the State of California, for the
construction of certain authorized improvements and acquisition of
rights-of-way, if necessary, in a special assessment district
known and designated as
ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD/CHAPTER 27)
(hereinafter referred to as the "Assessment District); and,
WHEREAS, Sections 5875 and 5876 of said Streets and Highways
Code authorize the legislative body, upon its own motion, to order
the installation of authorized improvements in front of properties
with the costs thereon to be assessed as set forth under the
provisions of said Chapter 27.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
DESCRIPTION OF IMPROVEMENT
SECTION 2. T6at the public interest and convenience
requ
and
res, and this legislative body hereby orders the construction
installation of certain fronting improvements, including
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grading, excavation, paving, vegetation, curbs and gutters and
sidewalks, together \I ith appurtenances and appurtenant work, in a
special assessment district known as ASSESSMENT DISTRICT NO. 86-2
(APPIAN ROAD/CHAPTER 27).
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 as shown
on the plans for said work designated by the number and name of
the Assessment District, which said plans are hereby approved and
adopted. For all particulars as to the alignment of the work and
a full and detailed description, reference is hereby made to said
plans and specifications as on file in the Office of the
Engineer.
AREA OF BE-NEFIT
SECTION 4. That the works of improvement, in the opinion of
this legislative body, will benefit the abutting and fronting
properties within said block, and this legislative body hereby
makes the expenses of said improvement chargeable upon the
property or properties within the boundaries of the Assessment
District, which District is declared to be the area and abutting
properties benefiting by the work and improvements. For a
general description of the Assessment District and area of
benefit, reference is made to a map of said District hereto
approved and, said map identified by the name of number of this
Assessment District, and said map shall be kept on file with the
transcript of these proceedings and open to public inspection.
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RESPOgSIBILITY OF PROPERTY OWNER
SECTION 5. Pursuant to the provisions of Section 5875 of
Chapter 27 of the "Improvement Act of 1911", it is hereby
declared to be the responsibility of the owner of the lot, lots
or portions of lots fronting on the public street where this
legislative body, pursuant to said Section, by its own motion,
orders the installation of the improvements, and the property
owners shall have the duty-and responsibility of constructing or
causing the construction of said improvements in front of their
properties within sixty (60) days upon notice so to do by the
Superintendent of Streets. If the work is not performed by the
property owners within said period, the Superintendent of Streets
shall proceed to cause said work to be completed.
IMPROVEMENT ACT
SECTION 6. That all of the work and improvements herein
proposed shall be done and carried through and financed pursuant
to the provisions of Chapter 27 of the "Improvement Act of 1911",
being Division 7 of the Streets and Highways Code of the State of
California. For all particulars, reference is made to said
"Act", and the provisions contained therein.
PUBLIC HEARING
SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 4TH
DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE
REGULAR MEETING PLACE OF THE CITY COUNCIL, BEING THE COUNCIL
CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO
THE PROPOSED WORK OR IMPROVEMENT OR THE PROCEDURE ESTABLISHED
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HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE
DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION.
BONDS _L
SECTION 8. If the work is done by the City, and if the
assessment cost is not paid upon confirmation of the assessment,
serial bonds shall be issued in accordance with Division 7 of the
Streets and Highways Code ("Improvement Act of 1911") to repre-
sent each assessment of One Hundred Fifty Dollars ($150.00) or
more remaining unpaid for thirty (30) days after the date of
recordation of the diagram and assessment for this improvement.
The serial bond shall extend over a period not to exceed NINE (9)
YEARS from the second day of January next succeeding the next
September 1st following their date. The interest rate on said
bonds shall not exceed the current legal maximum rate of 12% per
annum.
UOTICE
SECTION 9. The Superintendent of Streets is hereby directed
to notify the owner or person in possession of the properties
fronting on that portion of the street in the block where the work
is to be constructed and directing them to construct or cause to
be constructed the improvements within sixty (60) days after
notice is given, and to diligently and without interruption prose-
cute to completion said work.
A. Notice shall be given by delivering a
written notice personally to the owner or to the person in posses-
sion of the property fronting the improvements, OR by mailing a
postal card, postage prepaid, to the person at his last known
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address as the same appears on the last equalized assessment roll
used by th City for tax collection, or to 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 City Clerk 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 hearing.
COST ESTIMATE
SECTION 10. The estimated cost of the works of improvement,
including incidental expenses without costs of acquisition, as
proposed under these proceedings is as follows:
ESTIMATED CONSTRUCTION COSTS: $35,600.00 ESTIMATED INCIDENTAL EXPENSES: $ 7,400.00 TOTAL ESTIMATED COST: $43,000.00
PROCEEDINGS INQUIRIES
SECTION 11. For any and all information relating to these
proceedings, including information relating to the protest
procedure, your attention is directed to the person designated
below:
JIM McLEAN, PROJECT MANAGER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5540