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HomeMy WebLinkAbout1985-04-02; City Council; Resolution 79623 4 5 6 7 a 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 22 24 25 26 27 28 RESOLUTION NO. 7962 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, FINDING AND DETERMINING THAT THE PUBLIC INTEREST, CONVENIENCE AND NECESSITY REQUIRE THE IMPROVEMENTS AND APPURTENANCES SUBSTANTIALLY AS SET FORTH IN THE REPORT FILED PURSUANT TO THE "SPECIAL ASSESSMENT INVESTIGATION, LIMITATION AND MAJORITY PROTEST ACT OF 1931"; THAT THE PROJECT IS FEASIBLE; AND THAT THE LANDS WILL BE ABLE TO CARRY THE BURDEN OF THE PROPOSED ASSESSMENT. THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, IOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That all protests and objections be over- buled and denied on the express finding that they are made by the lwners of less than one-half (1/2) of the area to be assessed. SECTION 2. That the public interest, convenience and iecessity require certain public works of improvement and ippurtenances and appurtenant work in a special assessment listrict known and designated as ASESSMENT DISTRICT NO. 83-2 (JAMES DRIVE) hereinafter referred to as the "Assessment District") substan- .ially as set forth in the "Report" thereof filed under the irovisions of the "Special Assessment Investigation, Limitation ind Majority Protest Act of 193111, being Division 4 of the itreets and Highways Code of the State of California. SECTION 3. That the project is feasible and that the .ands to be assessed will be able to carry the burden of the ~roposed assessment, and that the limitations of the amounts of issessments provided for in Division 4 of the Streets and lighways Code of the State of California be disregarded both with .espect to the limitation on the Assessment District, as a whole, * 1 2 3 4 5 6 7 8 g 10 11 12 0 and as to the limitation on individual specific assessments. SECTION 4. That by this Resolution, it is the intention of this City Council to make all findings by the affirmative four-fifths (4/5ths) vote of all members thereof that all determinations as to feasibility and necessity to disregard the limitations and proceedings set up in Division 4 as therein provided be made and determined. 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 : NOES: Wne Council MfxIbers Casler, Lewis, Kulchin, Chick and Pettine MARY H. fiSLER, Mayor 13 14 ABSENT: None ATTEST: 22 23 24 15 16 17 25 26 27 28 (SEAL)