HomeMy WebLinkAbout1994-02-08; City Council; Resolution 94-461 0 0
l ll RESOLUTION NO. 94-46
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AND MODIFICATIONS IN THE WORK IN A SPECIAL
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES
ASSESSMENT DISTRICT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSB
CALIFORNIA, has adopted a Resolution pursuant to the provisi
of Chapter 4.5 of Division 12 of the Streets and Highways C
of the State of California, and specifically Section 10353, (
"Municipal Improvement Act of 1913"), declaring its intention
order certain changes and modifications in the proceedings
the works of improvement, and did, pursuant to law, set fort
time and place for a public hearing on said proposed changes
modifications in a special assessment district known and deE
nated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT RC
(hereinafter referred to as the "Assessment District"); and,
WHEREAS, at this time notice of the public hearing on
proposed changes and modifications has been given in the mar
and form as required by law; and,
WHEREAS, all protests, if any, have been heard and cor
dered and a full hearing has been given, all in the mar
provided by law; and,
WHEREAS, the owners of one-half (1/2) of the area asses
have not filed written protests against said proposed char
and modifications, and this legislative body is now ready
proceed to take action on the proposed changes and modificatic
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS
SECTION 1. That the above recitals are all true
311 correct.
411 PROTESTS
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SECTION 2. That all protests and objections of any k
are overruled and denied, and it is further determined that E
protests and objections, if any, are made by the owners of 1
than one-half of the area of property to be assessed for I
improvements within said Assessment District.
CHANGES AND MODIFICATIONS
SECTION 3. That this legislative body hereby orders th
changes and modifications as set forth in a Resolution
Intention to order said changes and modifications, said speci
141(changes to be approved are generally listed as follows:
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A. Amendment to boundaries to include prop
ties now specifically benefiting from the works of improvem
1711based upon subsequent plans of development and land use. 18/1 B. Approval and confirmation of assessments
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modified, including new assessments now levied on propert
subject to development and now receiving special benefits f
the works of improvement.
The decisions and determinations of this leg
lative body ordering the referenced changes and modificati
241 I shall be final and conclusive upon all persons entitled
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appeal thereon.
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AMENDED ENGINEER'S "REPORT"
SECTION 4. That the Amended Engineer's "Report",
amended Assessment Roll, and all related documentation,
herein modified, are for the best interest of the propi
owners within the Assessment District, and said Amended "Rep1
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shall stand as the Engineer's "Report" for this Assess]
District.
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CONFIRMATION OF ASSESSMENT
SECTION 5. That the assessments, as now filed in
Amended Engineer's "Report" and diagram for the improveme
together with appurtenances and appurtenant work in connec
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therewith, including acquisition where appropriate, are he
confirmed.
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RECORDATION OF ASSESSMENT
SECTION 6. That the City Clerk shall forthwith delivel
the Superintendent of Streets the said assessment, together
171 I the amended diagram attached thereto and made a part thereof lSll confirmed, with his certificate of such confirmation atta
191 I and the date thereof; and that said Superintendent of Str 201/ shall then immediately record said amended diagram
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assessment in his Office in a suitable book to be kept for
purpose and attach thereto his certificate of the date of
recording.
COUNTY RECORDER NOTICE
SECTION 7. Upon confirmation of the assessments
recordation of the amended assessment roll and diagram, a ce
fied copy of the amended assessment diagram shall be immedia
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recorded in the Off ice of the County Recorder in the manner 3
after, a copy of the amended notice of assessment shall 2
filed in the Office of the .County Recorder. Immediately th
Streets and Highways Code of the State of California. 5
form as set forth by law and specifically Section 3114 of
6 PASSED, APPROVED AND ADOPTED at a regular meeting of
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Carlsbad City Council held on the 8th day of FEBRUARY
1994, by the following vote, to wit:
9 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
10 NOES : None
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ABSENT: None
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15” 64 h
ALETHA L. RAUTENKRANZ, City Ckerk 16
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(SEAL)
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