HomeMy WebLinkAbout1989-08-08; City Council; Resolution 89-288_- -
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RESOLUTION NO. 89-288
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD , CALIFORNIA, APPROVING "REPORT" ON
COST OF CONSTRUCTION AND CONFIRMING ASSESSMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLS
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CALIFORNIA, pursuant to the provisions of Chapter 27, k
Article 2 of Part 3 of Division 7 of the Streets and Higk
Code of the State of California (the "Improvement Act of 191
has authorized that certain works of improvement shal
constructed and installed in front of certain privately c
properties in what is known and designated as 86-4 (PARK DE
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time all construction of the work
improvement has been completed pursuant to proceedings 1
Chapter 27 of the "Improvement Act of 1911", and notice of
final cost of construction, together with the date, time
place for public hearing, has been given in the manner and
as authorized by law; and,
WHEREAS, all property owners and/or other intere
persons have had an opportunity to be heard and present tc
mony as it relates to the completion of the construction ar
the manner and apportionment of the final spread of the ass
ments; and,
WHEREAS, this legislative body is now satisfied with
final "Report" of the Engineer as submitted, and is ready
desirous to proceed to approve said "Report" and confirm
assessments.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: I
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SECTION 1. That the above recitals are all true
correct.
SECTION 2. That all protests and objections of any kinc
received are hereby overruled and denied.
SECTION 3. That all proceedings heretofore conduc
pursuant to Chapter 27 of the "Improvement Act of 1911" for
construction of certain improvements in the Assessment Dist:
have been conducted in the form and manner required by law,
are herewith confirmed and approved.
SECTION 4. That the "Report" of the Engineer, as revi
corrected or modified, is herewith approved and confirmed.
SECTION 5. That the cost of construction of the work
improvement, including all incidental costs and financing co
is hereby confirmed and assessed against the parcels of prop
benefited and fronting upon the improvements so constructed,
as set forth in the "Report" of the Engineer, as submitted,
said "Report" as submitted, is hereby incorporated hereil
reference as though fully set forth.
SECTION 6. That all such costs so assessed, if not p
shall constitute a special assessment against the respec
parcels of property involved from the recordation of NOTIC
LIEN AND ASSESSMENT, which lien shall continue until the as5
ments and all interest thereon have been paid and tot
discharged.
SECTION 7. That as previously authorized, serial 1:
shall be issued in accordance with Division 7 of the Street:
Highways Code of the State of California ("Improvement Ac
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1911”) to represent each assessment of $150.00 or more remai
unpaid for thirty (30) days after the date of the confirma
of the “Report“ of the Engineer. The serial bonds shall ex
over a period of not to exceed NINE (9) YEARS from the 2nd
of January next succeeding the next September 1st after t
date.
8EE;TIQN 8, That this legislative bsdy further elect
provide that said bonds, upon redemption, shall provi,
premium of five percent (5%) on the unmatured principal,
said language shall be added to the redemption clause in
bond form to require the property owner to pay said premiu
order to discharge the obligation of the lien. This legis12
body further elects and declares that the first two percent
collected as a delinquency shall be retained as a cost
servicing the delinquency, and the bond shall so delcare
said penalty shall be retained by the Treasurer.
SECTION 9. That immediately upon the conclusion of
public hearing and the confirmation of the “Report”, the
Clerk shall cause the following notice requirements to be
and accomplished:
A. Mail to each owner of real property wi
the Assessment District a NOTICE OF ASSESSMENT containi
designation and description of the property, the amount of
assessment, the time and place of payment thereof, and a st
ment that if assessments are not discharged, bonds shal
issued pursuant to the provisions of the “Improvement Ac
28 1911“ to represent unpaid assessments.
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B. Publish in the designated newspape.
NOTICE OF ASSESSMENT, said publication being once a week for
(2) successive weeks; said NOTICE indicating the time and pl
for payment and that bonds will be issued to represent unr
assessments.
C. File in the Office of the County Recor
a certified copy of the assessment diagram in the form
manner as authorized by Section 3114 of the Streets and Highv
Code of the State of California.
SECTION 10. Upon the completion of the 30-day cash coll
tion period and the filing of the Certificate of Paid and Uny
Assessments, the City Clerk shall record in the Office of
County Recorder the NOTICE OF LIEN AND ASSESSMENT as author:
by Section 5895.1 and Section 3114 of the Streets and Hight
Code of the State of California.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 8th
of Aunu s t , 1989, by the following vote, to wit
AYES: Council Members Lewis, Kulchin, and Mamaux
NOES : None
ABSENT : Council Members Petti
I 1. ATTEST:
~ 1-2 ALETHA L, RAti-iky Clerk
~ (SEAL)