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HomeMy WebLinkAbout1986-03-25; City Council; Resolution 84631 c , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8463 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 Highways Code of the State of California, for the construction of certain authorized improve- ments in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-4 (PARK DRIVE) (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. That the public interest and convenience requires, and this legislative body hereby orders the construc- tion and installation of certain public improvements, as follows: . '. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2E Construction of approximately 934 lineal feet of curb, gutter and sidewalk (5 foot wide), installation of concrete driveways, instal lat-ion of approximately 6 street lights, construction of an asphalt concrete roadway approximately 930 feet in length of varying width necessary to widen the roadway from the existing edge of pavement to the new curb and gutter located 24 feet east of the existing centerline for Park Drive, and related appurtenances, including but not limited to, traffic striping and adjustment of existing utilities to new grade, and the installation of a masonry retaining wall approximately 15,000 square feet in size. 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 on file in the Office of the Engineer. AREA OF BENEFIT 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 22 24 25 26 27 2e 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. RESPONSIBILITY 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 lots or portions of lots fronting on the public street where this legis- lative 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 proper- ties within sixty (60) days upon notice so to do by the Superin- tendent of Streets. I[f 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. I *r 1 2 3 4 5 6 7 E s 1C 11 1; 1: 14 1: 1( 1' It 1( 2( 2: 2; 2: 28 2 2 2 2 e 0 PUBLIC HEARING SECTION 7. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 22ND DAY OF APRIL, 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 HEREIN SHOULD APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THIS RESOLUTION. BONDS 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 bonds 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. The redemption provision of said bonds shall further provide a premium of 5% of the unmatured principal if said bonds are redeemed prior to maturity. NOTICE 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 28 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 prosecute to completion said work. A. Notice shall be given by delivering a written notice personally to the owner or to the person in possession of the property fronting the improvements, OR by mailing a postal card, postage prepaid, to the person at his last known address as the same appears on the last equalized assess- ment roll used by the 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 ngs is as and incidental expenses as proposed under these proceed follows: ESTIMATED CONSTRUCTION COSTS: $130,3OO .OO ESTIMATED INCIDENTAL EXPENSES: $ 55,175.00 TOTAL ESTIMATED COST: $185,475.00 * > '- 4. .I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 ne 19 2c 21 22 22 24 2: 2E 27 2E PROCEEDINGS INQUIRIES SECTION 11. For any and all information relating to these proceedings, including information re1 ating to the protest procedure, your attention is directed to the person designated bel ow: JEFF IBUNNELL, PROJECT MANAGER ENGINEERING DEPARTMENT CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5692 PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 25th day of March , 1986, by the following vote, to wit: AYES: Council Members Casler, Lewis, Kulchin, Chick and NOES: None Pettine ABSENT : None d,QA MARY H. YSLER, Mayor ATTEST: (SEAL)