HomeMy WebLinkAbout1985-12-17; City Council; Resolution 8309c
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RESOLUTION NO. .8309
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA, OVERRULING AND DENYING PROTESTS AND MAKING CERTAIN FINDINGS IN A SPECIAL ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has, by Resolution, declared its intention to order
the construction of certain public works of improvement, pursuant
to the terms and provisions of the "Municipal Improvement Act of
1913", being Division 12 of the Streets and Highways Code of the
State of California, in a special assessment district known and
designated as
ASSESSMENT DISTRICT NO. 83-2
(JAMES DRIVE)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, certain owners of property liable to be assessed for
improvements have filed written protests or objections and deli-
vered the same to the City Council not later than the hour set for
hearing such objections; and,
WHEREAS, at the time set for said Public Hearing, all
protests and objections were duly heard and considered and all
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 asesessments were apportioned in accor-
dance to benefit were heard and considered.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public hearing for the Assessment
District is hereby closed.
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SECTION 3. 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 4. 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
Assessment District in direct proportion to the benefits received
thereby.
SECTION 5. That the Engineer's method of spread and appor-
tionment of all costs is hereby adopted and approved as being a
correct and proper apportionment and distribution of all assess-
able costs for these works of improvement.
PASSED, APPROVED and ADOPTED at a regular meeting of the City
Council held on the 17th day of December , 1985, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
ABSENT: None
ATTEST: V
City Clerk
6REN R. KU%DTZ,( SEAL) Deputy