HomeMy WebLinkAbout1986-07-01; City Council; Resolution 86491
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RESOLUTION NO. 8649
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
?as 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
oubl ic works of improvement, together with appurtenances and
appurtenant work, in a special assessment distrlct known and
jesignated as
ASSESSMENT DISTRICT NO. 86-1 (PA-LOMAR AIRPORT ROAD)
(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 1931l' 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, all matters as
to the method and formula of the assessment spread and the deter-
mination as to whether or not the property did receive a benefit,
and whether the assessments were apportioned in accordance to
benefit were considered.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all 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 Assess-
ment 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 m.ethod 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 1st day of July , 1986, by the
following vote, to wit: F
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NAYS: None
ABSENT: None
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ATTEST:
d L tR, Mayor
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C.
{SEAL)