HomeMy WebLinkAbout2004-02-17; City Council; Resolution 2004-0551
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RESOLUTION NO. 2004-055
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, MAKING FINDINGS ON A PETITION
REQUESTING INITIATION OF PROCEEDINGS TO FORM
AND MAKING APPOINTMENTS THEREIN.
ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST)
WHEREAS, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
ias been presented with executed petitions (collectively, the "Petition") submitted by the owners
>f certain real property located in the City of Carlsbad (the "City") requesting that the City Council
nitiate proceedings pursuant to the "Municipal Improvement Act of 1913", being Division 12 of the
Streets and Highways Code of the State of California (the "Improvement Act"), to form
3n assessment district to be known and designated as Assessment District No. 2002-01
:Poinsettia Lane East) (the "Assessment District") for the purpose of financing the acquisition or
:onstruction of certain public improvements; and
WHEREAS, the Petition was accompanied by evidence satisfactory to this City Council of -
the estimated fair market value of the land proposed to be assessed; and
WHEREAS, the improvements proposed to be financed through the Assessment District
nclude the extension of both Poinsettia Lane and El Fuerte Street and the widening of Et Camino
Real all of which are important links in the City's traffic circulation system and, as such, are
.equired in the public interest; and
WHEREAS, such improvements are designated as arterials on the Circulation Element of
the City's General Plan; and
WHEREAS, this City Council desires to make certain findings regarding the Petition,
to direct that proceedings to consider the formation of the Assessment District be initiated and to
make certain appointments related to such proceedings.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. That the above recitations are true and correct.
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2. That this City Council hereby finds as follows:
A. The Petition has been executed by the owners, or the representatives of
such owners legally authorized to execute such Petition for and on behalf of such owners, owning
and constituting more than sixty-five percent (65%) of all assessable land within the boundaries of
the proposed Assessment District;
B. The total estimated amount of the proposed assessment will not exceed
75% of the total estimated fair market value of the land proposed to be assessed after the
proposed public improvements have been constructed;
C. The Petition meets all of the requirements of the "Special Assessment
Investigation, Limitation and Majority Protest Act of 1931" (Division 4 of the Streets and Highways
Code of the State of California) (the "1931 Act") and, therefore, no further proceedings or
limitations under the 1931 Act shall be applicable to these proceedings;
D. The improvements to Poinsettia Lane, El Fuerte Street and El Camino Real
are consistent with the General Plan of the City; and
E. The completion of the extension of Poinsettia Lane and El Fuerte Street
and the widening of El Camino Real are required in the public interest.
3. That this City Council hereby authorizes the initiation of proceedings pursuant to
City Council Policy 33, the Improvement Act, Article XlllD of the Constitution of the State of
California and the Proposition 21 8 Omnibus Implementation Act (Government Code Section
53750 and following) to consider the formation of the Assessment District.
4. That the City Engineer is hereby appointed to perform all of the duties and
functions of the Superintendent of Streets, as such duties are specified in the Improvement Act,
for these proceedings.
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Page 2 of Resolution No. 2004-055
1 5. That the place for recordation of the assessment roll and diagram shall be in the
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Office of the Superintendent of Streets.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
,2004 by the following vote, to wit: City of Carlsbad on the 17th day of February
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
ATTEST: