HomeMy WebLinkAbout1995-07-11; City Council; Resolution 95-206, t I 0 0
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1 II RESOLUTION NO. 95-206
2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
3 GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND
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CALIFORNIA, PASSING ON THE tlREPORT1l OF THE ENGINEER,
PLACE FOR PUBLIC HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSB.
CALIFORNIA, has instituted proceedings for the installation
certain public works of improvement and appurtenances un
provisions of the ltMunicipal Improvement Act of 1913tt, be
Division 12 of the Streets and Highways Code of the State
California, in a special assessment district known
designated as ASSESSMENT DISTRICT NO. 92-1 (LA COSTA DOF
(hereinafter referred to as the tlAssessment Districttt; and,
WHEREAS, there has been prepared and filed with
legislative body a ttReporttt provided for in Sections 10203
10204 of the Streets and Highways Code of the State
California, and this ItReporttt has been presented
consideration; and,
WHEREAS, said tlReportlt is a combined glReporttv, consolidal
the requirements of both the "Municipal Improvement Act of l!
and the "Special Assessment Investigation, Limitation
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Majority Protest Act of 1931"; and,
WHEREAS, a Resolution of Intention for this improvement
previously adopted by the legislative body; and the ttReport
now presented shall stand as the ttReportlt for the purpos
subsequent proceedings hereunder.
251 1 NOW, THEREFORE, IT Is HEREBY RESOLVED AS FOLLOWS :
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SECTION 1. That the above recitals are all true
correct.
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1 SECTION 2. That the gtReportgg of the Enqineer referred
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as follows: 3
hereinabove is adopted, passed upon, and preliminarily appro1
4 A. That the plans and specifications for
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and they are hereby preliminarily approved and adopted; 6
proposed improvements to be made, contained in said I1Reportg1
7 B. That the Engineer Is estimate of the itemi
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and total costs and expenses of the improvements and of
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llReportll, be, and each of them are hereby preliminarily apprl 10
incidental expenses in connection therewith contained in E
and adopted;
12 C. That the diagram showing the Assess:
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Intention, and also the boundaries and dimensions of 14
District referred to and described in said Resolution
respective subdivisions of land within said Assessment Distr
16 as the same existed at the time of the passage of
17 Resolution of Intention, each of which subdivisions have
18 given a separate number upon said diagram, as contained in
19 I1Reportlg, be, and it is hereby preliminarily approved
20 adopted;
21 D. That the proposed assessment upon
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and they are hereby preliminarily approved and adopted; 26
incidental expenses thereof , as contained in said lgReportgl, 25
subdivisions, respectively, from said improvements, and of 24
proportion to the estimated benefits to be received by 23
several subdivisions of land in said Assessment District
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E. That the descriptions of the works
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hereby preliminarily approved; 3
improvement contained in said ltReportll be, and the same a
4 F. That the total amount of unpaid and
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are preliminarily approved; 6
previously levied special assessments, sif any, as set for
7 G. That the valuation data, including the t
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assessment roll of the County, is hereby preliminarily appro\ 10
values of the parcels as shown upon the last equali 9
value of the land'and improvement, as determined from the c
11 SECTION 3. That said llReportlt shall stand as the Engine€
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HEARINGS ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACI 15
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUI 14
pursuant to said Resolution of Intention. 13
ItReportgt for the purpose of all subsequent proceedings
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THE FOLLOWING DATES AND TIMES: 17
THIS LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL
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B. SECOND PUBLIC HEARING: 19
A. FIRST PUBLIC HEARING: AUGUST 15, 1995 AT 6:OO P
SEPTEMBER 5, 1995 AT 6:OO:
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PROPOSED GRADES, MAY APPEAR AND SHOW CAUSE WHY SAID WORK SHl 22
OR ASSESSMENT, OR EXTENT OF THE ASSESSMENT DISTRICT, OR TO 21
ANY AND ALL PERSONS HAVING ANY OBJECTIONS TO THE PROPOSED Wc
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WRITING AND MUST BE DELIVERED TO THE CITY CLERK AT OR BEFORE 25
INTENTION AND THE IIREPORT~I OF THE ENGINEER. PROTESTS MUST B 24
NOT BE DONE OR CARRIED OUT IN ACCORDANCE WITH THE RESOLUTIO
26 TIME SET FOR THE PUBLIC HEARING.
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1 IF A WRITTEN PROTEST IS FILED BY OWNERS OF
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THAN ONE-HALF OF THE AREA OF LAND TO BE ASSESSED, NO FUR
AND SAFETY -REQUIRE THE IMPROVEMENTS. 6
MEMBERS OF THE LEGISLATIVE BODY, FINDING THAT THE PUBLIC HE 5
PROTESTS ARE OVERRULED BY AN AFFIRMATIVE VOTE OF 4/5'S OF 4
PROCEEDINGS SHALL BE TAKEN FOR A PERIOD OF ONE YEAR, UNLESS
711 SECTION 5. That the City Clerk is hereby directed to
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and to all other persons as prescribed in accordance wit1 13
for County taxes prior thereto, or as known to said City C: 12
names and addresses appear on the last equalized assessment 11
persons owning real property proposed to be assessed, 1 10
Resolution of Intention and of the filing of the llReport'l tc 9
notice of said Public Hearings and the adoption of
1411 provisions of said Division 12.
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Code of the State of California. 20
form as set forth in Division 4.5 of the Streets and Hig' 19
proposed boundary map; said boundary map to be in the manne 1s
County Recorder within fifteen (15) days of the adoption o 17
to file a copy of the proposed boundary map in the Off ice o 16
SECTION 6. That the City Clerk is hereby further dirc
21 APPROVED and ADOPTED this
22 1995.
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CITY OF CARLSBAD
ATTEST : STATE OF CALIFORNIA
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CITY C&I'ElW CITY OF. CARLSBAD STATE .OF CALIFORNIA
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CITY OF CARLSBAD 2
COUNTY OF SAN DIEGO STATE OF CALIFORNIA
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I, ALETHA RAUTENKRANZ, CITY CLERK of the CITY OF CARLSI
CALIFORNIA, DO HEREBY CERTIFY that the foregoing Resolut
5)) being Resolution No. 95-206, was duly passed, approved 611 adopted by the City Council, approved and signed by the Ma
7// and attested by the City Clerk, all at the regular meetin
8 said City Council held on the 11th day of JULY
9 1995, and that the same was passed and adopted by the follo
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11 AYES: COUNCIL MEMBERS Lewis, Kulchin, Finnila,
12 NOES : COUNCIL MEMBERS None
13 ABSENT : COUNCIL MEMBERS Nygaard
14 ABSTAIN: COUNCIL MEMBERS None
15 EXECUTED this 12th day of JULY , 1995
l6 Carlsbad, California.
vote:
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CITY CLERK
CITY OF CARLSBAD
STATE OF CALIFORNIA
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