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HomeMy WebLinkAbout1986-08-12; City Council; Resolution 8729z H , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 le 19 2c 21 22 2: 24 2: 2t 2: 21 a: 8729 --- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, MAKING FINDINGS ON PETITION AND APPROVING AGREEMENTS WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA has been presented by certain property owners an executed Petition requesting the construction of certain public improvements, together with appurtenances and appurtenant work in connection therewith, said improvements to be constructed pursuant to the terms and provisions of the "Municipal Improvement Act of 1913", being Division 12 of the Streets and Highways Code of the State of California, in a special assessment district known and designated as ASSESSMENT DISTRICT NO. 86-6 (BATIQUITOS LAGOON EDUCATIONAL PARK) (hereinafter referred to as the "Assessment District"); and, WHEREAS, it has been reported that said Petition contains the signatures of more than sixty percent (60%) of the property owners of the assessable area of the property to be subject to assessment and certain lenders of record for the proposed works of improve- ment. Said Petition meets the requirements of Sections 2804 and 2804.2 of Division 4 of the Streets and Highways Code of the State of California; and, WHEREAS, there has also been submitted an ACQUISITION/FINANC- ING AGREEMENT, as it relates to the proposed financing of certain of the works of improvement within the Assessment District, as well as an ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT, where the property owner acknowledges the initiation of the special assessment district proceedings process. 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 it is hereby found that said Petition has been signed by owners owning land constituting more than sixty percent (60%) of all assessable land within the boundaries of the proposed Assessment District. SECTION 3. That it is hereby further determined and found that said Petition has been signed by not only the property owners, as specified in Section 2804 of the Streets and Highways Code, but also any mortgagee or beneficiary under such existing mortgage or deed of trust, as required by Section 2804.2 of the Streets and Highways Code of the State of California. SECTION 4. That said Petition meets the requirements of Section 2804 of Division 4 of the Streets and Highways Code of the State of California, and further proceedings and limitations under the provisions of the "Special Assessment Investigation, Limita- tion and Majority Protest Act of 1931" shall not be applicable to these proceedings. SECTION 5. That said Petition shall be filed with the transcript of these proceedings and shall remain open to public inspection. SECTION 6. This legislative body hereby further finds and determines, based on written evidence submitted, that the total estimated amount of the proposed assessments will not exceed seventy-five percent (75%) of the estimated fair market value of the land proposed to be assessed after the proposed public improvements shall have been constructed. 1 2 3 4 5 6 7 e 9 1c 11 12 12 14 1: 1E 17 1€ 1C 2c 21 2; 22 24 9F M- 2E 25 2E SECTION 7. Neither adoption of this resolution nor approval of the agreements described in Section 8 shall predetermine or otherwise commit the City to any proposed land exchange or property transaction or any terms or conditions of any such exchange or other transaction. Additionally, City does not commit to authorize any public improvements identified in Exhibit B to the Petition, or financing thereof which improve- ments require any proposed land exchange or any other property transaction. SECTION 8. That the City Council does hereby approve the following Agreements and authorize execution thereof by the Mayor and City Clerk: A. ACQUISITION/FINANCING AGREEMENT B. ASSESSMENT DISTRICT INITIATION AND WAIVER AGREEMENT PASSED, APPROVED and ADOPTED at a regular meeting of the City Council held on the 12th day of August , 1986, by the following vote, to wit: AYES: Council Members Casler, Kulchin and Chick NOES: Council Members Lewis and Pettine ABSENT: None ATTEST: ALETHA L. RAUTE (SEAL) a7