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HomeMy WebLinkAbout1986-07-01; City Council; Resolution 86481 E 3 4 5 6 7 E 9 1c 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2e RESOLUTION NO. 8648 -.- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING REPORT AND DECLARING INTENTION TO FORM DISTRICT AND SETTING TIME AND PLACE FOR PUBLIC HEARING WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA is considering the formation of bridge and thoroughfare district, as authorized under Section 66484 of the Government Code of the State of California, and specifically as authorized by Section 20.08.140 of the Municipal Code of the City of Carlsbad; said district to De known and designated as BRIDGE AND THOROUGHFARE DISTRICT NO. 1 (hereinafter referred to as the "District"), and, WHEREAS, there has been submitted and approved by this legislative body a map showing the area of benefit for the proposed District; and, WHEREAS., at this time there has also been submitted a "Report" of the Engineer, said "Report" generally setting forth the following: A. Description of proposed public bridge facilities; B. Estimated of cost for said facilities; C. Method and apportionment for distribution of costs based upon benefits received from the proposed public bridge facilities; and , WHEREAS, at this time this legislative body is now ready to preliminarily approve the "Report" as submitted by the Engineer and proceed to set a time and place for a public hearing on said District. 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 2a NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council does hereby declare its intention to proceed to authorize the formation of a bridge and thoroughfare district for the purposes of financing certain of the costs and expenses relating to major bridge improvements in said District. SECTION 3. The "Report", as submitted by the Engineer, is hereby preliminarily approved and adopted by this City Council and shall be kept on file in the Office of the City Clerk and remain open for public inspection. SECTION 4. The cost estimate, as set forth in the "Report" of the Engineer, reflects the total estimated costs for the proposed works of improvement and bridge and interchange faci li- ties, and the method of fee allocation represents a fair method of allocation of the costs to the area of benefit. SECTION 5. The above fees, as set forth in the "Report" of the Engineer, shall be applicable to all property within the area of b?nefit, and said fees shall be payable as a condition of issuing a building permit for the property or portions of the property to be developed, or payable as a condition of approval of any final development map, if no building permit is required. SECTION 6. NOTICE is HEREBY GIVEN THAT TUESDAY, THE 12TH DAY OF AUGUST, 1986, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THIS CITY COUNCIL, BEING THE COUNCIL CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED TO CONSIDER WHETHER OR NOT TO PROCEED TO ESTABLISH THE PROPOSED MAJOR BRIDGE AND THOROUGHFARE .. r 1 2 3 4 5 E 'i € c 1C 1: 1: 1: 14 l! 11 1 1 1 2 2 2 2 E 4 4 2 2 IISTRICT TO BE KNOWN AS BRIDGE AND THOROUGHFARE DISTRICT NO. 1, \ND TO CONSIDER PROTESTS OR OBJECTIONS GENERALLY TO THE BOUNDARIES IF TiiE PROPOSED DISTRICT, THE ESTIMATED COST FOR THE WORKS OF [MPROVEMENT AND THE METHOD AND APPORTIONMENT FOR THE FEE TO PAY 'OR SAID FACILITIES, AND TO CONSIDER WHETHER THE OWNERS OF MORE rHAN 1/2 OF THE AREA OF THE PROPERTY TO BE BENEFITED BY THE 2OPOSED IMPROVEMENT HAVE PROTESTED AGAINST THE SAID IMPROVEMENT, i ANY PORTlON THEREOF, AND TO HEAR ALL PROTESTS RELATING TO SAID IOPOSED PROCEEDINGS; AND ANY AND ALL PERSONS INTERESTED MAY FILE WRITTEN PROTEST AT OR BEFORE THE TIME SET FOR HEARING REFERRED I HEREIN; AND IF PROTESTS BY OWNERS OF MORE THAN ONE-HALF OF 1E AREA OF THE PROPERTY TO BE BENEFITED ARE FILED AND NOT WITH- IAWN SO AS TO REDUCE THE AREA REPRESENTED TO LESS THAN ONE-HALF THAT TO BE BENEFITED, THEN THE PROPOSED PROCEEDINGS SHALL BE 3ANDONED PURSUANT TO THE PROVISIONS OF SECTION 66484 OF THE 3VEilMMENT COOE OF THE STATE OF CALIFORNIA. SECTION 7. Notice of the public hearing shall be given drsuant to Section 65091 of the Government Code of the State of alifornia, and said notice shall contain preliminary information elating to the boundaries of the area of benefit, the estimated osts and method of the fee apportionment. For particulars, otice shall be given in the following manner: A. Mailing Notice of Public Hearing to all wners of real property within the boundaries of the District, aid mailing to be completed at least 10 days prior to the date set for the public hearing; B. Publication of the Notice of Public Hearing /I *- 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 in the CARLSBAD JOURNAL, said publication to be completed at least 10 days prior to the date set for the public hearing. C. Posting Notice of Public Hearing in at least 3 public places within the boundaries of this City, including 1 public place within the area of benefit of the District, said posting to be completed at least 10 days prior to the date set for the public hearing. SECTION 8. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the below designated person: RAY PACHETT, ASSISTANT CITY MANAGER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CA 92008 TELEPHONE: (619) 438-5637 (SEAL) PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 1st day of July , 1986, by the following vote, to wit: AYES: NOES: None Council Members Casler, Lewis, Kulchin, Chick and Pettine ABSENT: None mAKY H. fASLtR, Mayor ATTEST : I rk