HomeMy WebLinkAbout1972-11-02; City Council; Resolution 30101
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e 3025.259
7 1011) RESOLUTION NO. ..I
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A FU3SOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD DETERMINING THE RESULTS OF HEARING,
OVERRULING PROTESTS, DETERMINING THAT THE
PUBLIC INTEREST, CONVENIENCE AND NECESSITY
REQUIRF: CERTAIN WORK OR IMPROVEMENT SUBSTAN-
TIALLY AS SET FORTH IN REPORT ON PROJECT UNDER
THE MUNICIPAL IMPROVEMENT ACT OF 1913, AS
THE PROJECT IS FEASIBLE AND MAKING OTHER
DETERMINATIONS
CANNON ROAD IMPROVEMENT DISTRICT 1-1970
MODIFIED BY THIS RESOLUTION; DETERMINING THAT
The City Council of the City of Carlsbad resolves as follows:
1. Pursuant to Resolution No. 2093, the City Council approve(
the written report prepared by the Engineer of Work under the
Wnicipal Improvement Act of 1913 and ordered a public hearing on
~u ch report for October 30 , 1972.
2. Notice of such hearing was given by publication, mailing
2nd posting, as required by law and the provisions of Resolution
go. 2093.
3. The public hearing was duly held by this City Council and
511 written protests or objections, if any, were presented and the
Jity Council gave all persons present an opportunity to be heard
in respect to any matter in that report, the work or improvement,
3r any of the proceedings thus far. Such hearing was ordered con-
tinued until November 2, 1972, at 6:OO p.m., but the portion of thc - nearing relating to the receipt of protests was closed.
4. ModificakiansLin the 1913 Act report, consisting of dele-
tions of work, changes in the plans and specifications and modifi-
eation of the spread of assessment are necessary and the Engineer
Df Work has filed his modified report, as set out in Exhibit A
attached and incorporated in this resolution.
5. The City Council considered the report, and determines
that the report contains all of the matters required by law and
that it should be modified as detailed in Exhibit A attached.
6. Protests and objections to the 1913 Act report, the work
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or improvement or any of the proceedings thus far are overruled
and denied, except as reflected in the modified 1913 Act report.
7. The public interest, convenience and necessity require
the work or improvement substantially as set forth in the report,
as modified by this resolution; the project for such work is
feasible; the lands to be assessed for the owrk will be able to
carry the burden of the proposed assessment for the work and the
1913 Act report, as modified by this resolution, is ordered
approved.
8. The City Council confirms all proceedings taken and con-
firms the assessments set out in the report of the engineer, as
amended by this resolution.
9. The Superintendent of Streets is instructed to record the
assessment and diagram in his office pursuant to Section 10600 of
the Streets and Highways Code.
10. Notice of recordation of the assessment shall be pub-
lished in the Carlsbad Journal, that newspaper being selected pur-
suant to Section 10309 of the Streets and Highways Code.
PASSED, APPROVED AND ADOPTED By the City Council of the City
of Carlsbad at/a regular meeting held on November 2, 1972 by the
following vote:
an adjourned
AYES: Councilmen Dunne, McComas, Lewis, Chase and Frazee
NOES: None
ABSENT: None
ATTEST :
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