HomeMy WebLinkAbout1985-04-02; City Council; Resolution 79623
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RESOLUTION NO. 7962
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC
INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS
AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT
FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION,
LIMITATION AND MAJORITY PROTEST ACT OF 1931"; THAT THE
PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO
CARRY THE BURDEN OF THE PROPOSED ASSESSMENT.
THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
IOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. That all protests and objections be over-
buled and denied on the express finding that they are made by the
lwners of less than one-half (1/2) of the area to be assessed.
SECTION 2. That the public interest, convenience and
iecessity require certain public works of improvement and
ippurtenances and appurtenant work in a special assessment
listrict known and designated as
ASESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
hereinafter referred to as the "Assessment District") substan-
.ially as set forth in the "Report" thereof filed under the
irovisions of the "Special Assessment Investigation, Limitation
ind Majority Protest Act of 193111, being Division 4 of the
itreets and Highways Code of the State of California.
SECTION 3. That the project is feasible and that the
.ands to be assessed will be able to carry the burden of the
~roposed assessment, and that the limitations of the amounts of
issessments provided for in Division 4 of the Streets and
lighways Code of the State of California be disregarded both with
.espect to the limitation on the Assessment District, as a whole,
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and as to the limitation on individual specific assessments.
SECTION 4. That by this Resolution, it is the intention
of this City Council to make all findings by the affirmative
four-fifths (4/5ths) vote of all members thereof that all
determinations as to feasibility and necessity to disregard the
limitations and proceedings set up in Division 4 as therein
provided be made and determined.
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 :
NOES: Wne
Council MfxIbers Casler, Lewis, Kulchin, Chick and Pettine
MARY H. fiSLER, Mayor
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ABSENT: None
ATTEST:
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(SEAL)