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HomeMy WebLinkAbout1980-04-01; City Council; Resolution 6131h '* -0 RESOLUTION NO. 61 31 RESOLUTION OF THE CITY COUNCIL PASSING ON THE REPORT OF THE ENGINEER, GIVIXG PRELIM- fNAfiY APPROVAL, AND SETTING A TINS AND PLACE FOR PUBLIC HEARING, WHEREAS, proceedings have been instituted for the construction of certain Dublic works of improvement and appurtenances under the provisi&s Division 12 of California, in as of the "Municipal Improvement- Act of 1913", being the Streets and Highways Code of the State of a special assessment. district knovm and designated ASSESSNENT DISTRICT NO. 79-1 BRISTOL COVE: ASSESSMENT DISTRICT] (hereinafter referred to as the "Assessment District") ; and, WHEREAS, there has been prepared and filed with the City Clerk of said City a "Report" provided for in Sections 10203 and 10204 of the Streets and Highways Code of the State of California, and the City Clerk has presented and the Engineer has explained said . "Report" to the. City Council for their consideration; and, WHEREAS, Resolution of Intention No. 61 30 for this improvement was duly adopted by the City Council on the 1st day of stand as the "Report" for the purpose of subsequent proceedings APRIL, 1980 ; and, the "Report" as now presented shall t, hereunder. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORPiIA, AS FOLLOWS : SECTION 1, That the above recitals are all true and correct. SECTION 2. That the "Report" of the Engineer referred to herein- above is considered adopted, passed upon, and prelim- inarily approved, as follows: A. That the plans and specifications for the proposed improvements to be made, contained in said "Report", be, and they are hereby preliminarily approved and adopted; B, That the Engineer's estimate of the itemized and total costs and expenses of said acquisi- tion, where necessary, and improvenents and of the incidental expenses in connection therewith, con- tained in said "Report", be,. and each of them are, hereby preliminarily approved and adopted. C. I). E. F, e That the diagram showing the Assessment Dist- rict referred to and described in said Resolu- tion of Intention and also the boundaries and dimensions of the respective snbdivisions of land within said Assessment District, as the same existed at the time of the passage of said Resolution of Intention , each of which subdivi- sions have been given a separate number upon said diagram, as contained in said "Report", be, and it is hereby preliminarily approved and adopted; That the proposed zssessnent upon the several subdivisions of land in said Assessment District in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisition and improvements, and of the incidental expenses thereof, as contained in said "Report" , be, and they are hereby preliminarily approved and adopted; That the maps and descriptions of the lands and easements to be acquired, as contained in said "Report", be, and the same are hereby prelimi- narily approved; That said "Report" shall stand as 'the Engineer's "Report" for the purpose of all subsequent pro- ceedings had pursuant to said Resolution of Intention. SECTION 3, NOTICE IS HEREBY GIVSN THAT ON TUESDAY , THE 6TH DAY OF MAY, 1980 , AT THE HOUR OF O'CLOCK P.M. , IP? THE REGULAR NEETING PLXE OF THE CITY COUNCIL, BEING THE COUNCIL CII,AMBERS, CITY HALL, F&Y AND ALL PERSONS HAVING ANY OBJECTIOXS TO THE PROPOSED WORK, OR ASSESSPENT, OR EXTENT OF THE ~ ASSESS?-IENT DISTRICT, OR TO THE PRQPOSED GRADES, tIAY SECTION 4, SECTION 5, APPEAR AND SHOW CAUSE WHY SAID lu'OliK SHOrJLD NOT BE DONE OR CARRIED OUT IN ACCORDAXCE WITH THE RESOLUTION OF INTESTION N3D THE "REPORT" OF THE ENGINEER, PROTESTS MUST BE IN MXITING AND MUST BE DELIVERED TO THE CITY CLERK OF SAID CITY AT OR BEFORE THE TIE4% SET FOR THE PUBLIC HEARING, That the City Clerk is hereby directed to give notice of said Public Hearing by causing to he conspicuously posted on all open streets within the District, not more than 300 feet apart on each street so posted, but not less than 3 in all, notice of the passage of the' Resolution of Intention and of this Resolution, a13 in accordance with the provisions of said Division 12, That the City Clerk is hereby direct& to give notice of said Public Hearing and of the passaqe of the Reso- lution of Xctention and this Resolution by causing such notice to be published in accordance with Suction 6066 of the Government Code, in CARLSBAD JOURNAL ? a newspaper published and circulated in'said City, which is hereby designated by said City council for that purpose, all in accordance with the provisions of said Division 12. -2- -& ’- I= I 0 .- .. SECTION 6. That the City Clerk is hereby directed to mail Rotice of said Public Hearing and the adoption of the Reso- lution of Intention 2nd of the filing of the ”Report” to all persons owning real property proposed to be assessed whose names and addresses appear on the last equalized assessnent roll for the county taxes prior thereto or as kr,own to the City Clerk, and to all other persons as prescribed and in accordance wikh the. provisions of said Division 12. SECTION 7, That 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; szid boundary map to be in the manner and form as set forth in Divi- sion 4.5 of the Streets and Highways Code of the State of California. APPROVED and ADOPTED this 1st day of April, 1980 CITY OF CARLSBAD STATE OF CALIFORXLA ATTEST : II CITY CLERX- CITY OF CAKLSBAD STATE OF CALIFORNIA STATE OF CALIFORNIA ) COUNTY OF SAP? DIEGO 1 ss. CITY OF CARLSBAD 1 I, ALETHA L. RAUTENKRANZ, City Clerk of the City of Carlsbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 6131 -! adopted by said City Councll, approved and signed by the Mayor, and attested by the City Clerk, all at a reqular meeting of said City Council, held on the , 1980, and that the same was passed and adopt- $3 by the following vote, to-wit: was duly passed, approved, and 1st day o€ ri 1 AYES : NOES : COUNCILMEN : None COUNCILMEN: Packard, Skotnicki , Anear, Lewis and Councilwoman Casler ABSENT : COUNCILMEN: None. , 1980, at CARLSBAD, _. Executed this 7nd day Of April California. CITY OF CARLSBAD STATE OF CALIFORNIA