HomeMy WebLinkAbout1986-08-12; City Council; Resolution 8729z
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8729 --- RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CARLSBAD, CALIFORNIA,
MAKING FINDINGS ON PETITION AND APPROVING AGREEMENTS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has been presented by certain property owners an executed Petition
requesting the construction of certain public improvements,
together with appurtenances and appurtenant work in connection
therewith, said improvements to be constructed 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. 86-6
(BATIQUITOS LAGOON EDUCATIONAL PARK)
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, it has been reported that said Petition contains the
signatures of more than sixty percent (60%) of the property owners
of the assessable area of the property to be subject to assessment
and certain lenders of record for the proposed works of improve-
ment. Said Petition meets the requirements of Sections 2804 and
2804.2 of Division 4 of the Streets and Highways Code of the State
of California; and,
WHEREAS, there has also been submitted an ACQUISITION/FINANC-
ING AGREEMENT, as it relates to the proposed financing of certain
of the works of improvement within the Assessment District, as
well as an ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT,
where the property owner acknowledges the initiation of the
special assessment district proceedings process.
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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 it is hereby found that said Petition has
been signed by owners owning land constituting more than sixty
percent (60%) of all assessable land within the boundaries of the
proposed Assessment District.
SECTION 3. That it is hereby further determined and found
that said Petition has been signed by not only the property
owners, as specified in Section 2804 of the Streets and Highways
Code, but also any mortgagee or beneficiary under such existing
mortgage or deed of trust, as required by Section 2804.2 of the
Streets and Highways Code of the State of California.
SECTION 4. That said Petition meets the requirements of
Section 2804 of Division 4 of the Streets and Highways Code of the
State of California, and further proceedings and limitations under
the provisions of the "Special Assessment Investigation, Limita-
tion and Majority Protest Act of 1931" shall not be applicable to
these proceedings.
SECTION 5. That said Petition shall be filed with the
transcript of these proceedings and shall remain open to public
inspection.
SECTION 6. This legislative body hereby further finds and
determines, based on written evidence submitted, that the total
estimated amount of the proposed assessments will not exceed
seventy-five percent (75%) of the estimated fair market value of
the land proposed to be assessed after the proposed public
improvements shall have been constructed.
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SECTION 7. Neither adoption of this resolution nor approval
of the agreements described in Section 8 shall predetermine or
otherwise commit the City to any proposed land exchange or
property transaction or any terms or conditions of any such
exchange or other transaction. Additionally, City does not
commit to authorize any public improvements identified in
Exhibit B to the Petition, or financing thereof which improve-
ments require any proposed land exchange or any other property
transaction.
SECTION 8. That the City Council does hereby approve the
following Agreements and authorize execution thereof by the
Mayor and City Clerk:
A. ACQUISITION/FINANCING AGREEMENT
B. ASSESSMENT DISTRICT INITIATION AND
WAIVER AGREEMENT
PASSED, APPROVED and ADOPTED at a regular meeting of the
City Council held on the 12th day of August , 1986,
by the following vote, to wit:
AYES: Council Members Casler, Kulchin and Chick
NOES: Council Members Lewis and Pettine
ABSENT: None
ATTEST:
ALETHA L. RAUTE
(SEAL)
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