HomeMy WebLinkAbout1988-05-24; City Council; Resolution 88-165.
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RESOLUTION NO. 88-165
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, PASSING ON THE "REPORT" OF THE ENGINEER, GIVING
PRELIMINARY APPROVAL, AND SETTING A TIME
AND PLACE FOR PUBLIC HEARING
WHEREAS, the CITY COUNCIL of the CITY OF CAI
6 IICALIFORNIA, has instituted proceedings for the construct ' llcertain public works of improvement and appurtenances under
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sions of the "Municipal Improvement Act of 1913", being D.
12 of the Streets and Highways Code of the State of Cali
in a special assessment district known and designated as i
MENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAD) (herej
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referred to as the "Assessment District"); and,
WHEREAS, there has been prepared and filed with the 11
tive body a "Report" provided for in Sections 10203 and 1(
the Streets and Highways Code of the State of Californi
this "Report" has been presented for consideration; and,
WHEREAS, a Resolution of Intention for this improvemc
previously adopted by the legislative body; and the "Repc
now presented shall stand as the "Report" for the purE
subsequent proceedings hereunder.
WHEREAS, at this time all environmental eval
proceedings relating to the formation of the Assessment D
have been completed and this legislative body is ready to
to authorize the filing of a notice of determination
office of the County Clerk.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all tr i correct.
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SECTION 2. That the "Report" of the Engineer refe.
hereinabove is considered adopted, passed upon, and prelim
approved, as follows:
A. That the plans and specifications :
proposed improvements to be made, contained in said "Repo
and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the i
and total costs and expenses of said acquisition, where
sary, and improvements, and of the incidental expenses in
tion therewith, contained in said "Report", be, and each
are hereby preliminarily approved and adopted;
C. That the diagram showing the Ass
District referred to and described in said Resolution of
tion, and also the boundaries and dimensions of the res
subdivisions of land within said Assessment District, as t
existed at the time of the passage of said Resolution of
tion, each of which subdivisions have been given a s
number upon said diagram, as contained in said "Report" r
it is hereby preliminarily approved and adopted;
D. That the proposed assessment up
several subdivisions of land in said Assessment Distr:
proportion to the estimated benefits to be received by such
visions, respectively, from said acquisition and improv
and of the incidental expenses thereof, as contained 1
"Report", be, and they are hereby preliminarily appro7
adopted;
E. That the maps and descriptions of th,
and easements to be acquired, as contained in said "Repo:
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and the same are hereby preliminarily approved;
SECTION 3. That said "Report" shall stand as the Engi
"Report" for the purpose of all subsequent proceedings had
ant to said Resolution of Intention.
SECTION 4. NOTICE IS HEREBY GIVEN THAT ON TUESDAY, 'i
DAY OF JULY, 1988, AT THE HOUR OF 6:OO O'CLOCK P.M.,
REGULAR MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE C
CHAMBERS, CITY HALL, ANY AND ALL PERSONS HAVING ANY OBJECT1
THE PROPOSED WORK, OR ASSESSMENT, OR EXTENT OF THE ASS1
DISTRICT, OR TO THE PROPOSED GRADES, MAY APPEAR AND SHOF
WHY SAID WORK SHOULD NOT BE DONE OR CARRIED OUT IN ACCl
WITH THE RESOLUTION OF INTENTION AND THE "REPORT" OF THE EN(
PROTESTS MUST BE IN WRITING AND MUST BE DELIVERED TO TE
CLERK AT OR BEFORE THE TIME SET FOR THE PUBLIC HEARING.
SECTION 5. That the City Clerk is hereby directed .
notice of said Public Hearing by causing to be conspi
posted on all open streets within the Assessment Distric
more than 300 feet apart on each street so posted, but nc
than 3 in all, notice of the passage of the Resolut
Intention and of this Resolution, all in accordance w.
provisions of said Division 12.
SECTION 6. That the City Clerk is hereby directed
notice of said Public Hearing and of the passage
Resolution of Intention and this Resolution by causi~
notice to be published in accordance with Section 6066
Government Code, in the newspaper previously designated
newspaper for all publications as required by law
necessary for completion of this Assessment District.
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2 SECTION 7. That the City Clerk is hereby directed tc
notice of said Public Hearing and the adoption of the Reso
of Intention and of the filing of the "Report" to all p
owning real property proposed to be assessed, whose namc
addresses appear on the last equalized assessment roll for
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13 proposed boundary map; said boundary map to be in the manr
14 form as set forth in Division 4.5 of the Streets and Hi
15 Code of the State of California.
16 SECTION 9. That the City Clerk is hereby further d
17 and authorized to file a notice of determination relating
18 completion and certification of all environmental eva
19 proceedings with the County Clerk. Said filing to be COI
20 immediately upon adoption of this resolution.
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22 of Carlsbad at its regular meeting held on the 24th
23 May , 1988, by the following vote, to wit:
24 AYES: Council Members Lewis, Kulchin, Pettine, and Mamaux
25 NOES: None
26 ABSENT : None
ABSTAIN: Council Member Larson 27
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taxes prior thereto, or as known to said City Clerk, and
other persons as prescribed in accordance with the provisi
said Division 12.
SECTION 8. That the City Clerk is hereby further dj
to file a copy of the proposed boundary map in the Office
County Recorder within fifteen (15) days of the adoption
PASSED, APPROVED AND ADOPTED by the City Council of tl
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k 1 ATTEST :
2 &A/R- 3 ALETHA L. RAUTENKRANZ, Cyty Clerk
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