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HomeMy WebLinkAbout1994-02-08; City Council; Resolution 94-461 0 0 l ll RESOLUTION NO. 94-46 2 3 4 AND MODIFICATIONS IN THE WORK IN A SPECIAL 5 6 7 9 8 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING CERTAIN CHANGES ASSESSMENT DISTRICT WHEREAS, the CITY COUNCIL of the CITY OF CARLSB CALIFORNIA, has adopted a Resolution pursuant to the provisi of Chapter 4.5 of Division 12 of the Streets and Highways C of the State of California, and specifically Section 10353, ( "Municipal Improvement Act of 1913"), declaring its intention order certain changes and modifications in the proceedings the works of improvement, and did, pursuant to law, set fort time and place for a public hearing on said proposed changes modifications in a special assessment district known and deE nated as ASSESSMENT DISTRICT NO. 86-1 (PALOMAR AIRPORT RC (hereinafter referred to as the "Assessment District"); and, WHEREAS, at this time notice of the public hearing on proposed changes and modifications has been given in the mar and form as required by law; and, WHEREAS, all protests, if any, have been heard and cor dered and a full hearing has been given, all in the mar provided by law; and, WHEREAS, the owners of one-half (1/2) of the area asses have not filed written protests against said proposed char and modifications, and this legislative body is now ready proceed to take action on the proposed changes and modificatic NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 28 0 t 0 1 2 RECITALS SECTION 1. That the above recitals are all true 311 correct. 411 PROTESTS 5 6 7 8 9 10 11 12 13 SECTION 2. That all protests and objections of any k are overruled and denied, and it is further determined that E protests and objections, if any, are made by the owners of 1 than one-half of the area of property to be assessed for I improvements within said Assessment District. CHANGES AND MODIFICATIONS SECTION 3. That this legislative body hereby orders th changes and modifications as set forth in a Resolution Intention to order said changes and modifications, said speci 141(changes to be approved are generally listed as follows: 15 16 A. Amendment to boundaries to include prop ties now specifically benefiting from the works of improvem 1711based upon subsequent plans of development and land use. 18/1 B. Approval and confirmation of assessments 19 20 21 22 23 modified, including new assessments now levied on propert subject to development and now receiving special benefits f the works of improvement. The decisions and determinations of this leg lative body ordering the referenced changes and modificati 241 I shall be final and conclusive upon all persons entitled 25 26 27 appeal thereon. 28 -1 0 0 1 2 3 4 5 AMENDED ENGINEER'S "REPORT" SECTION 4. That the Amended Engineer's "Report", amended Assessment Roll, and all related documentation, herein modified, are for the best interest of the propi owners within the Assessment District, and said Amended "Rep1 6 7 shall stand as the Engineer's "Report" for this Assess] District. 8 9 10 11 CONFIRMATION OF ASSESSMENT SECTION 5. That the assessments, as now filed in Amended Engineer's "Report" and diagram for the improveme together with appurtenances and appurtenant work in connec 12 13 therewith, including acquisition where appropriate, are he confirmed. 14 15 16 RECORDATION OF ASSESSMENT SECTION 6. That the City Clerk shall forthwith delivel the Superintendent of Streets the said assessment, together 171 I the amended diagram attached thereto and made a part thereof lSll confirmed, with his certificate of such confirmation atta 191 I and the date thereof; and that said Superintendent of Str 201/ shall then immediately record said amended diagram 21 22 23 24 25 26 27 assessment in his Office in a suitable book to be kept for purpose and attach thereto his certificate of the date of recording. COUNTY RECORDER NOTICE SECTION 7. Upon confirmation of the assessments recordation of the amended assessment roll and diagram, a ce fied copy of the amended assessment diagram shall be immedia 28 0 e .# 1 4 recorded in the Off ice of the County Recorder in the manner 3 after, a copy of the amended notice of assessment shall 2 filed in the Office of the .County Recorder. Immediately th Streets and Highways Code of the State of California. 5 form as set forth by law and specifically Section 3114 of 6 PASSED, APPROVED AND ADOPTED at a regular meeting of 7 8 Carlsbad City Council held on the 8th day of FEBRUARY 1994, by the following vote, to wit: 9 AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 10 NOES : None 11 12 ABSENT: None 13 14 ATTEST: 15” 64 h ALETHA L. RAUTENKRANZ, City Ckerk 16 17 18 19 20 21 22 23 24 25 26 27 (SEAL) 28