HomeMy WebLinkAbout1998-06-23; City Council; Resolution 98-211T I/ 0 0 EXHIBIT 6
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RESOLUTION NO. 98-211
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PASSING ON THE REPORT OF
THE ASSESSMENT ENGINEER, GIVING PRELIMINARY
APPROVAL, AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING AND ORDERING THE INITIATION OF
ASSESSMENT BALLOT PROCEDURES
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
CALIFORNIA, has instituted proceedings for the acquisition of certain public
improvements and appurtenances under provisions of the "Municipal
Improvement Act of 1913" (the "Improvement Act"), being Division 12 of the
Streets and Highways Code of the State of California (commencing with
Section IOOOO), in a speciai assessment district known and designated as
ASSESSMENT DISTRICT NO. 96-1 (RANCHO CARRILLO) (hereinafter
referred to as the "Assessment District"; and,
WHEREAS, there has been prepared and filed with the legislative body
a Report of the Assessment Engineer (the "Report") as provided for in and
required by Sections 10203 and 10204 of the Streets and Highways Code,
Article XlllD of the Constitution of the State of California ("Article XlllD") and the
Proposition 21 8 Omnibus Implementation Act (Government Code Section
53750 and following) (the "Implementation Act") (the Improvement Act, Article
XlllD and the Implementation Act are referred to herein collectively as the
"Assessment Law") and the Report has been presented to this legislative body
for its consideration;
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WHEREAS, a Resolution of Intention for the acquisition of the subject
improvements was previously adopted by the legislative body; and the Report
as now presented shall stand as the Report for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1: The above recitals are all true and correct.
SECTION 2: The Report of the Assessment Engineer referred to
hereinabove is adopted, passed upon, and preliminarily approved, as follows:
A. That the plans and specifications for the improvements proposed
to be acquired, as contained in the Report, are hereby
preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized and total costs and
expenses of the acquisition of the improvements and of the
incidental expenses in connection therewith contained in the
Report, and each of them are hereby preliminarily approved and
adopted;
C. That the diagram showing the Assessment District referred to
and described in said Resolution of Intention, and also the
boundaries and dimensions of the respective subdivisions of land
within said Assessment District, as the same existed at the time
of the passage of said Resolution of Intention, each of which
subdivisions have been given a separate number upon said
diagram, as contained in the Report, is hereby preliminarily
approved and adopted;
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D. That the proposed assessment upon the several subdivisions of
land in the Assessment District, in proportion to the estimated
special benefits to be received by such subdivisions,
respectively, from the improvements to be acquired, and of the
incidental expenses thereof, as contained in the Report, are
hereby preliminarily approved and adopted;
E. That the descriptions of the improvements to be acquired
contained in the Report are hereby preliminarily approved.
SECTION 3: The Report shall stand as the Assessment Engineer's
Report for the purpose of all subsequent proceedings had pursuant to the
Resolution of Intention.
SECTION 4: NOTICE IS HEREBY GIVEN THAT THE CITY COUNCIL
OF THE CITY OF CARLSBAD WILL HOLD A PUBLIC HEARING ON THE
ASSESSMENT DISTRICT AND THE PROPOSED ASSESSMENTS AT ITS
REGULAR MEETING PLACE, BEING THE COUNCIL CHAMBERS AT 1200
CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA, ON SEPTEMBER
1, 1998 AT 6:OO PM.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW,
EACH RECORD OWNER OF PROPERTY PROPOSED TO BE ASSESSED
HAS THE RIGHT TO SUBMIT AN ASSESSMENT BALLOT IN FAVOR OF OR
IN OPPOSITION TO THE PROPOSED ASSESSMENT.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD
OWNER OF EACH PARCEL LOCATED WITHIN THE ASSESSMENT
DISTRICT AND SUBJECT TO A PROPOSED ASSESSMENT. EACH SUCH
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OWNER MAY COMPLETE SUCH BALLOT AND THEREBY INDICATE THEIR
SUPPORT FOR OR OPPOSITION TO THE PROPOSED ASSESSMENT.
ALL SUCH BALLOTS MUST BE RECEIVED BY THE CITY CLERK AT THE
FOLLOWING ADDRESS AT OR BEFORE THE TIME SET FOR THE CLOSE
OF THE PUBLIC HEARING:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
A POSTMARK PRIOR TO SUCH DATE AND TIME WILL NOT BE
SUFFICIENT.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY
COUNCIL SHALL CAUSE THE ASSESSMENT BALLOTS TIMELY RECEIVED
TO BE TABULATED. IF A MAJORITY PROTEST EXISTS, THE CITY
COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE
ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF, UPON THE
CONCLUSION OF THE PUBLIC HEARING, ASSESSMENT BALLOTS
SUBMITTED IN OPPOSITION TO THE ASSESSMENTS WITHIN THE
ASSESSMENT DISTRICT EXCEED THE BALLOTS SUBMITTED IN FAVOR
OF SUCH ASSESSMENTS. IN TABULATING THE BALLOTS, THE BALLOTS
SHALL BE WEIGHTED ACCORDING TO THE PROPORTIONAL FINANCIAL
OBLIGATION OF THE AFFECTED PROPERTY.
SECTION 5. The City Clerk is hereby directed to mail notice of the
Public Hearings and the adoption of the Resolution of Intention and of the filing
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of the Report, together with the assessment ballot materials, to the record
owners of all real property proposed to be assessed.
SECTION 6: The City Clerk is hereby further directed to file a copy of
the proposed boundary map in the Office of the County Recorder within fifteen
(15) days of the adoption of the proposed boundary map; said boundary map to
be in the manner and form as set forth in Division 4.5 of the Streets and
Highways Code of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 23rd day of June ,
1998, by the following vote:
AYES: Council Members Lewis, Finnila, Nygaard and Hall
NOES: None
ABSENT: Council Member Kulchin
ABSTAIN: None ABSTAIN: None
ATTEST:
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