HomeMy WebLinkAbout1993-12-07; City Council; Resolution 93-326II e w
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RESOLUTION NO. 93-326
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS
.INTENTION TO ORDER CERTAIhT CHANGES AND
MODIPICATIONS IN A SPECIAL ASSESSMENT
DISTRICT AND SETTING PUBLIC HEARINGS
5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD,
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CALIFORNIA, has previously initiated proceedings and held a
Streets and Highways Code of the State of California, for a 9
"Municipal Improvement Act of 1913", being Division 12 of the 8
public hearing pursuant to the terms and provisions of the
10 assessment district designated as ASSESSMENT DISTRICT NO. 86-1
11 (PALOMAR AIRPORT ROAD) (hereinafter referred to as the
12 "Assessment District"); and,
13 WHEREAS, at this time it appears to this legislative body
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ordered; and, 20
may appear and show cause why said changes should not be 19
notice of a time and place for two public hearings where persons 1s
a Resolution briefly describing the proposed changes and giving 17
Highways Code, it is necessary that this legislative body adopt 16
pursuant to the provisions of Section 10353 of said Streets and 15
that certain changes and modifications are necessary, and that,
21 WHEREAS, at this time it is determined to be in the best
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land use and restrictions on deve1opmen.t; and 26
benefits received based upon certain subsequent reservations in 25
reallocation of the costs and expenses to properly reflect the 24
boundaries of the Assessment District and to provide for a 23
public interest and convenience to order a modification in the
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WHEREAS, there has now been presented to this legislative
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1 body for consideration and approval an amended boundar
*(/showing the modifications to the boundaries to the Asse!
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District, as well as an amended Engineer's "Report" showir
reallocation of the costs and expenses to properly reflec
'Ilbenef its received based upon current land use.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all tru
s 1 /correct.
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SECTION 2. That an amended map of the Assessment Di:
showing the boundaries of the proposed Assessment Distric
"ll(1ands and property to be assessed to pay the costs and ex;
12/(of the proposed improvements designated as "AMENDED BOUNl
13110F ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT ROAI:
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hereby submitted, and the same is hereby approved and adopt1
SECTION 3. That the original amended map of said b
ries of the Assessment District and one copy thereof is
l7l1filed in the Office of the City Clerk.
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SECTION 4. A certificate shall be endorsed on the or
and on at least one copy of the amended map of the Asse
District, evidencing the date and adoption of this Resol
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and within fifteen (15) days after the adoption of the R
tion fixing the time and place of hearings on the chang
modifications in said Assessment District, a copy o
24/(amended map shall be filed with the correct and proper er
25/lments thereon with the County Recorder, all in the mann
26jlform provided for in Section 3111 of the Streets and Hi
27)lCode of the State of California.
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SECTION 5. That the amended Engineer's "Report" SI
the reallocation of the costs and expenses to properly r(
the benefits received based upon current land use an
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amendment to the boundaries is hereby approved and adopted.
SECTION 6. That the original amended Engineer's "Rc
shall be filed in the Office of the City Clerk and one ( 1
thereof to be filed in the Office of the City Engineer.
SECTION 7. That the public interest, convenienc
necessity requires, and it is the intention of this legis
body, to order certain changes and modifications i
proceedings and the boundaries of this Assessment District.
SECTION 8. NOTICE IS HEREBY GIVEN THAT TWO (2) :
HEARINGS ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLI
THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HA]
THE FOLLOWING DATES AND TIMES:
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A. FIRST PUBLIC HEARING: JANUARY 18, 1994 AT 6:OO P
B. SECOND PUBLIC HEARING: FEBRUARY 8, 1994 AT 6:OO P
18// AT THAT TIME THE LEGISLATIVE BODY WILL HEAR ANY PROTEI
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OBJECTIONS TO THE PROPOSED CHANGES AND MODIFICATIONS AS PR
TO BE MADE BY THIS RESOLUTION. ANY INTERESTED PERSON MAY
BEFORE THIS LEGISLATIVE BODY AND SHOW CAUSE WHY SAID CHANG:
MODIFICATIONS SHOULD NOT BE MADE IN ACCORDANCE WITH THE
SIONS OF THIS RESOLUTION. ANY OBJECTIONS MUST BE IN WRITI:
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FILED WITH THE CITY CLERK BY ANY INTERESTED PERSON AT AN'
NOT LATER THAN THE TIME SET FOR THE PUBLIC HEARING.
SECTION 9. The City Clerk is hereby directed to cert
the adoption of this Resolution and cause a copy to be pub
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'Ilonce, not less than ten (10) days prior to the date sf
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the first Public Hearing. Said publication shall be i
CARLSBAD JOURNAL, a newspaper designated for legal publicl
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under these proceedings.
SECTION 10. The City Clerk is further directed to I
'Ilcopy of the Notice of Hearings to all persons owninc
71/property within the boundaries of the Assessment District
'Ilassessments are adjusted based upon the reallocation c
'l/costs to the names and addresses of such owners as the
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appear on the last County Assessment Roll, or at the addrc
known to the City Clerk, not less than forty-five (45)
1211prior to the date set for the second Public Hearing.
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SECTION 11. These changes and modifications are
ordered pursuant to the provisions of Chapter 4.5 of Divis.
of the Streets and Highways Code of the State of Californi(
"Municipal Improvement Act of 1913".
17/1 SECTION 12. For any and all information relating to
IS k roceedings, including information relating to protest
ure, your attention is directed to the person designated b 19
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RICHARD ALLEN CITY ASSESSMENT ENGINEER
CITY OF CARLSBAD
2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: (619) 438-1161, EXT. 4389
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APPROVED and ADOPTED this 7th day of DECEMBER -
1993.
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CITY OF CARLSBAD
STATE OF CALIFORNIA
7 A'2L"TEST: 8;1& i!!?
Q ITY CI RP
'CITY 0% LARLS
10 STATE OF CALIFORNIA
KAREN K. KUNDTZ, Assistant City Clerk
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CITY OF CARLSBAD 2 COUNTY OF SAN DIEGO STATE OF CALIFORNIA
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4 I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARL
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of said City Council held on the 7th day of December 9
and attested by the City Clerk, all at the regular mc 8
adopted by the City Council, approved and signed by the E 7
being Resolution No. 93-326 , was duly passed, approve 6
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Res011
10 1993, and that the same was passed and adopted by the fol:
11 vote:
12 AYES : COUNCIL MEMBERS
13 NOES : COUNCIL MEMBERS
14 ABSENT : COUNCIL MEMBERS
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Carlsbad, California. 17
EXECUTED this 13th day of December , 199 16
ABSTAIN: COUNCIL MEMBERS
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[ SEAL j
STATE OF CALIFORNIA