HomeMy WebLinkAbout2004-05-04; City Council; Resolution 2004-1511
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RESOLUTION NO. 2004-151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING THE FORM OF THE SPECIAL ASSESSMENT DISTRICT DISCLOSURE AGREEMENT FOR
ASSESSMENT DISTRICT NO. 2002-01 (POINSETTIA LANE EAST).
WHEREAS, the City Council of the City of Carlsbad, California, pursuant to the provisions o
the Division 12 of the Streets and Highways Code of the State of California (the Municipa
Improvement Act of 1913) (the "Improvement Act") has undertaken proceedings to form and ha!
formed an Assessment District for the purpose of financing the acquisition or construction of certair
works of improvement, together with appurtenances, such special assessment district known an(
designated as Assessment District No. 2002-01 (Poinsettia Lane East) (the "Assessment District")
and
WHEREAS, the Developers requested that the assessments be permitted to pass-through tc
the purchasers of individual lots within the Assessment District; and
WHEREAS, the City Council has approved the pass-through of such assessments subject tc
the approval by the City Council of a disclosure program as required by paragraph 16 of the Cit
Council's Policy 33; and
WHEREAS, the City and the Developer desire to enter into a Special Assessment Distric
Disclosure Agreement, the form of which has been presented to the City Council (the "Disclosurt
Agreement"), to establish such a disclosure program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad
California, as follows:
1. The above recitals are all true and correct.
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2. The form of Disclosure Agreement, herewith submitted, is approved substantially in
:he form submitted. The Mayor is hereby authorized to execute the final form of such agreement on
iehalf of the City. The City Manager, subject to the review of the City Attorney and Bond Counsel, is
uthorized to approve changes in such agreement deemed to be in the best interests of the City,
approval of such changes to be evidenced by the execution of such agreement.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City
2f Carlsbad on the 4th day of Iiay , 2004 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
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LORRAINE M. WOOD, City Clerk
Page 2 of Resolution No. 2004-151
(SEAL)