HomeMy WebLinkAbout1986-01-28; City Council; Resolution 8377-R . I.
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RESOLUTION NO. 8377
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" PRESENTED PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913"; GIVING PRELIMINARY APPROVAL AND SETTING TIME AND PLACE OF PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA
has instituted proceedings for the construction of certain works
of improvement in a special assessment district under the provi-
sions of Division 12 of the Streets and Highways Code of the State
of California (the "Municipal Improvement Act of 1913"), said
special assessment district known and designated as
ASSESSMENT DISTRICT NO. 85-2 (COLLEGE BOULEVARD)
(hereinafter referred to as the "Assessment District"); and
WHEREAS, a report has been prepared and filed as provided for
in Sections 10203 and 10204 of the Streets and Highways Code of
the State of California, and said "Report" has now been presented
for review and consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted; and the "Report" as now presented shall stand
as the "Report" for the purpose of subsequent proceedings
hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the "Report", as now presented and referred
to hereinabove, is considered adopted, passed upon and prelimi-
narly 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.
6. That the estimate of the itemized and total
costs and expenses of said acquisitions and improvements and of
the incidental expenses in connection therewith, contained in said
"Report", be, and each of them are, hereby preliminarily approved.
C. That the Diagram showing the Assessment
District referred to and described in said Resolution of Inten-
tion, and also the boundaries and dimensions of the respective
subdivisions of land within said Assessment District, as the same
existed at the time of the passage of said Resolution of Inten-
tion, each of which subdivisions have been given a separate number
upon said Diagram, as contained in said "Report", be, and it is
hereby preliminarily approved.
D. That the proposed assessments upon the
several subdivisions of land in said Assessment District, in pro-
portion to the estimated benefits to be received by such subdivi-
sions, respectively, from said acquisitions and improvements, and
of the incidental expenses thereof, as contained in said "Report",
be, and they are hereby preliminarily approved.
I E. That the description of the works of improve-
ment to be constructed under these proceedings, and acquisition,
where necessary as contained in said "Report", be, and the same
are hereby preliminarily approved.
F. That said "Report" shall stand as the
Engineer's "Report" for the purpose of all subsequent proceedings
had pursuant to said Resolution of Intention.
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SECTION 3. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 4TH
DAY OF MARCH, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE
COUNCIL CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY
OBJECTIONS TO THE PROPOSED WORK OR IMPROVEMENT, ACQUISITION, IF
ANY, OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR THE
PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHOULD
NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH SAID RESOLUTION OF
INTENTION AND THE "REPORT" OF THE ENGINEER. PROTESTS MUST BE IN
WRITING AND MUST BE DELIVERED AT OR BEFORE THE TIME SET FOR THE
HEAR I NG.
SECTION 4. That the City Clerk is hereby directed to give
notice of said hearing by causing to be conspicuously posted on
all open streets within the Assessment District, not more than 300
feet apart on each street so posted, but not less than three (3)
in all, notice of the passage of this Resolution, all in accor-
dance with the provisions of said Division 12 of the Streets and
Highways Code of the State of California.
SECTION 5. That the City Clerk is hereby directed to give
notice of said hearing and of the passage of the Resolution of
Intention and this Resolution by causing such notice to be
published in accordance with Section 6066 of the Government Code,
in the CARLSBAD JOURNAL, a newspaper published or of general
circulation within the District, which is hereby designated for
the purpose, all in accordance with the provisions of said
Division 12.
SECTION 6. That the City Clerk is hereby directed to mail
ce of said hearing and the adoption of the Resolution of not
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Intention and of the filing and considerat on of the "Report" to
all persons owning real property proposed to be assessed whose
names and addresses appear on the last equalized assessment roll
for County taxes prior thereto or as otherwise known, and to all
other persons as prescribed and in accordance with the provisions
of said Division 12.
SECTION 7. That the City Clerk is hereby further directed to
file a copy of the proposed amended boundary map in the Office of
the County Recorder within fifteen (15) days of the adoption of
the proposed amended boundary map; said boundary map to be in the
manner and form as set forth in Division 4.5 of the Streets and
Highways Code of the State of California.
PASSED, APPROVEL and ADOPTED at a regular meeting of the City
Council held on the 28th day of January , 1986, by the
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ATTEST:
(SEAL)
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