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HomeMy WebLinkAbout1986-07-01; City Council; Resolution 86491 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 2;J 24 2: 2€ 25 2E RESOLUTION NO. 8649 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 ?as 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 oubl ic works of improvement, together with appurtenances and appurtenant work, in a special assessment distrlct known and jesignated as ASSESSMENT DISTRICT NO. 86-1 (PA-LOMAR AIRPORT ROAD) (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 1931l' 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, all matters as to the method and formula of the assessment spread and the deter- mination as to whether or not the property did receive a benefit, and whether the assessments were apportioned in accordance to benefit were considered. 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 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all 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 Assess- ment 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 m.ethod of spread and appor- tionment of all costs is hereby adopted and approved as being a correct and proper apportionment and distribution of all assess- able costs for these works of improvement. 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: F AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine NAYS: None ABSENT: None .. '* . 14 15 16 17 ia 19 20 21 22 23 24 25 26 27 28 ATTEST: d L tR, Mayor 1 C. {SEAL)