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HomeMy WebLinkAbout1987-05-05; City Council; Resolution 90511. 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 RESOLUTIOhl NO. 9051 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING "REPORT" OF THE SUPERINTENDENT OF STREETS ON COST OF CONSTRUCTION, AND CONFIRMING AND LEVYING ASSESSMENTS IN CHAPTER 27 PROCEEDINGS UNDER THE "IMPROVEMENT ACT OF 1911" WHEREAS, the CITY COUNCIL of the CITY OF CARCSBAD, CALIFORNIA, pursuant to the provisions of Chapter 27, being 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 constructed and installed in front of certain privately owned properties in what is known and designated as ASSESSMENT DISTRICT NO. 86-2 (APPIAN ROAD) (hereinafter referred to as the ItAssess- ment 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 speci- fied 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 interested persons present at said hearing having been heard, and all objections and protests, if any, having been considered; and, WHEREAS, the "Report", as now submitted, shall stand as the "Report" for all future proceedings of this Assessment District; and, I If 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 WHEREAS, it is desired to confirm the "Report" of the Super- intendent of Streets, and confirm and levy such costs of construc- tion as assessments against the parcels of property fronting upon the improvements, as provided by law. NOW, THEREFORE, IT IS HEREBY RESOI-VED 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 now submitted, 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 "Report" 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 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 works of improvement are hereby accepted and authorization is hereby given for recordation of a Notice of Completion. SECTION 7. That the Superintendent of Streets shall file in the Office of the County Recorder a Notice of Lien in the form and manner required or permitted by law. SECTION 8. That serial bonds shall be issued to represent each unpaid assessment of One Hundred Fifty Dollars ($150.00) or more. The term of the bonds shall be NINE (9) YEARS from the second day of January next succeeding the next September 1st following their date, and at the expiration of said time, the whole principal sum then unpaid shall be due and payable. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 5th day of May , 1987, by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larson NOES: None ABSENT: None ATTEST: (SEAL 1