HomeMy WebLinkAbout1985-04-02; City Council; Resolution 79611
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RESOLUTION NO. 796 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING FINDINGS AND
DETERMINATIONS, AND OVERRULING AND DENYING
PROTESTS IN A SPECIAL ASSESSMENT DISTRICT.
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has heretofore commenced proceedings pursuant to the
provisions of the "Special Assessment Investigation, Limitation
and Majority Protest Act of 1931", being Division 4 of the
Streets and Highways Code of the State of California, for the
construction of certain public works of improvement, together
with appurtenances and appurtenant work, in a special assessment
district known and designated as
ASESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, a time and place for public hearing, pursuant
to said "Special Assessment Investigation, Limitation and
Majority Protest Act of 1931" has been set; and
WHEREAS, notice of the public hearing was given in the
manner and form as required by law, and, at the time for said
public hearing, all protests, written or oral, to the
proceedings, and all matters related to the report for the
Assessment District, were considered, and all persons had an
opportunity to appear and present testimony relating to said
Assessment District; and
WHEREAS, at said time of the public hearing, a11 matters
as to the method and formula of the assessment spread and the
determination as to whether or not the property did receive a
benefit, and whether the assessments were apportioned in
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accordance to benefit were considered.
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California, as follows:
SECTION 1. That the above recitations are true and
correct.
SECTION 2. That all protests and objections of every
kind and nature be, and the same hereby are, overruled and
denied, and it is further determined that said protests and
objections are made by the owners of less than one-half (1/2) of
the area of property to be assessed for said improvements within
said Assessment District.
SECTION 3. That it is hereby further determined that
all properties within the boundaries of the Assessment District
receive a local and direct benefit from the works of improvement
as proposed for said Assessment District, and it is hereby
further determined and declared that all assessable costs and
expenses have been apportioned and spread over the properties
within the boundaries of the Assessment District in direct
proportion to the benefits received thereby.
SECTION 4. That the Engineer's method of spread and
apportionment of all costs is hereby adopted and appoved as being
a correct and proper apportionment and distribution of all
assessable costs for these works of improvement.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 2nd day of April , 1985
by the following vote, to wit:
AYES : Council Bmbers Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
ATTEST: MARY H. gASLER, Mayor u &! d,d-
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)