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HomeMy WebLinkAbout1985-04-02; City Council; Resolution 79611 2 z 4 fi U E 7 E 9 1c 11 12 12 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 796 1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS AND DETERMINATIONS, AND OVERRULING AND DENYING PROTESTS IN A SPECIAL ASSESSMENT DISTRICT. WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has heretofore commenced proceedings pursuant to the provisions of the "Special Assessment Investigation, Limitation and Majority Protest Act of 1931", being Division 4 of the Streets and Highways Code of the State of California, for the construction of certain public works of improvement, together with appurtenances and appurtenant work, in a special assessment district known and designated as ASESSMENT DISTRICT NO. 83-2 (JAMES DRIVE) (hereinafter referred to as the "Assessment District"); and WHEREAS, a time and place for public hearing, pursuant to said "Special Assessment Investigation, Limitation and Majority Protest Act of 1931" has been set; and WHEREAS, notice of the public hearing was given in the manner and form as required by law, and, at the time for said public hearing, all protests, written or oral, to the proceedings, and all matters related to the report for the Assessment District, were considered, and all persons had an opportunity to appear and present testimony relating to said Assessment District; and WHEREAS, at said time of the public hearing, a11 matters as to the method and formula of the assessment spread and the determination as to whether or not the property did receive a benefit, and whether the assessments were apportioned in h 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accordance to benefit were considered. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: SECTION 1. That the above recitations are true and correct. SECTION 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied, and it is further determined that said protests and objections are made by the owners of less than one-half (1/2) of the area of property to be assessed for said improvements within said Assessment District. SECTION 3. That it is hereby further determined that all properties within the boundaries of the Assessment District receive a local and direct benefit from the works of improvement as proposed for said Assessment District, and it is hereby further determined and declared that all assessable costs and expenses have been apportioned and spread over the properties within the boundaries of the Assessment District in direct proportion to the benefits received thereby. SECTION 4. That the Engineer's method of spread and apportionment of all costs is hereby adopted and appoved as being a correct and proper apportionment and distribution of all assessable costs for these works of improvement. /// /// /// /// /// 1 2 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 2nd day of April , 1985 by the following vote, to wit: AYES : Council Bmbers Casler, Lewis, Kulchin, Chick and Pettine NOES: None ABSENT: None ATTEST: MARY H. gASLER, Mayor u &! d,d- ALETHA L. RAUTENKRANZ, City Clerk (SEAL)