HomeMy WebLinkAbout1996-11-19; City Council; Resolution 96-3961
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
e 9
RESOLUTION NO. 96-396
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, MAKING FINDINGS ON A
PETITION AND APPROVING AN AGREEMENT
WHEREAS, the City Council of the City of Carlsbad has been pres
by a certain property owner an executed Petition requesting the installation of c
public improvements, together with appurtenances and appurtenant work in connl
therewith, said improvements to be installed pursuant to the terms and provisions
"Municipal Improvement Act of 1913", being Division 12 of the Streets and Higt
Code of the State of California, in a special assessment district known and desig
as Assessment District No. 96-1 (Rancho Carrillo) (hereinafter referred to a
"Assessment District"); and,
WHEREAS, at this time there has been submitted to the City Coun
review and approval, an Acquisition, Construction, and Financing Agreement s
forth certain terms and conditions, as well as estimated prices and quantities or w
be installed and financed pursuant to the above references Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the C
Carlsbad, California, as follows:
RECITALS
1. That the above recitations are true and correct.
PETITION
2. That it is hereby found that said Petition has been signr
owners owning land constituting more than sixty percent (60%) of all assessable
within the boundaries of the proposed Assessment District.
3. That said Petition, as filed and herein approved, meet al
requirements of Division 4 of the Streets and Highways Code of the State of Califc
said Division being the "Special Assessment Investigation, Limitation and Mi
2
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
9 a
Protest Act of 1931."
applicable, as specifically set forth and authorized by Section 2804 thereof.
No further proceedings or limitations under said A
4. This legislative body hereby further finds and determines,
on written evidence submitted, that the total estimated amount of the pro
assessments will not exceed seventy-five percent (75%) of the estimated fair r
value of the land proposed to be assessed after the proposed public improve
shall have been installed.
5. That it is hereby further determined and found that said PI
has been signed by not only the property owners, as specified in Section 2804
Streets and Highways Code, but also any mortgagee or beneficiary under any
existing mortgage or deed of trust, as required by Section 2804.2 of the Streel
Highways Code of the State of California.
6. That said Petition shall be retained as a permanent record anc
remain open to public inspection.
ACQUISITION, CONSTRUCTION, AND FINANCING AGREEMENT
7. That the Agreement for the Acquisition, Construction,
Financing of certain Public Improvements for Assessment District No. 96-
submitted, is hereby approved, and execution is authorized to be made by the I
and City Clerk on behalf of the City.
I/
It
It
/I
11
I/
It
/I
8. That a copy ~f said Agreement shall be kept on file in th
pection, and a fully executed copy st-
PASSED, APPROVED AND ADOPTED at a regular meeting I
NOVEMBER , 1996
AYES:
NOES: None
,ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hal
20
21
22
23
24
25
26
27
28