HomeMy WebLinkAbout1997-03-25; City Council; Resolution 97-416*#
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RESOLUTION NO. 97-416
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
HEARINGS
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA,
has instituted proceedings for the installation of certain public
works of improvement and appurtenances under provisions of the
ltMunicipal Improvement Act of 1913It, being Division 12 of the
Streets and Highways Code of the State of California, in a special
assessment district known and designated as ASSESSMENT DISTRICT NO.
95-1 (CARLSBAD RANCH) (hereinafter referred to as the IIAssessment
District"; and,
WHEREAS, there has been prepared and filed with the
legislative body a t1Report8t provided for in Sections 10203 and
10204 of the Streets and Highways Code of the State of California,
and this g1Report4t has been presented for consideration; and,
WHEREAS, a Resolution of Intention for this improvement was
previously adopted by the legislative body; and the llReportfl as now
presented shall stand as the tgReporttl for the purpose of subsequent
proceedings hereunder.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
ENGINEER'S ttREPORT't
SECTION 2. That the vfReportvl of the Engineer referred to
hereinabove is adopted, passed upon, and preliminarily approved, as
follows:
A. That the plans and specifications for the
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proposed improvements to be made, contained in said ltReport" be,
and they are hereby preliminarily approved and adopted;
B. That the Engineer's estimate of the itemized and
total costs and expenses of the improvements and of the incidental
expenses in connection therewith contained in said t'Reportll, be,
and each of them are hereby preliminarily approved and adopted;
C. That the diagram showing the Assessment District
referred to and described in said Resolution of Intention, and also
the boundaries and dimensions of the respective subdivisions of
land within said Assessment District, as the same existed at the
time of the passage of said Resolution of Intention, each of which
subdivisions have been given a separate number upon said diagram,
as contained in said I1Reportt1, be, and it is hereby preliminarily
approved and adopted;
D. That the proposed assessment upon the several
subdivisions of land in said Assessment District, in proportion to
the estimated benefits to be received by such subdivisions,
respectively, from said improvements, and of the incidental
expenses thereof, as contained in said "Report", be, and they are
hereby preliminarily approved and adopted;
E. That the descriptions of the works of
improvement contained in said 11Report8t be, and the same are, hereby
preliminarily approved.
SECTION 3. That said llReportll shall stand as the Engineer's
tlReportll for the purpose of all subsequent proceedings had pursuant
to said Resolution of Intention.
PUBLIC HEARINGS
SECTION 4. NOTICE IS HEREBY GIVEN THAT TWO (2) PUBLIC HEARINGS
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ARE HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THIS
LEGISLATIVE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, CARLSBAD,
CALIFORNIA, ON THE FOLLOWING DATES AND TIMES:
A. FIRST PUBLIC HEARING: MAY 13, 1997 AT 6:OO P.M.
B. SECOND PUBLIC HEARING: JUNE 3, 1997 AT 6:OO P.M.
AT THAT TIME THE LEGISLATIVE BODY WILL CONSIDER AND
FINALLY DETERMINE WHETHER THE PUBLIC INTEREST AND CONVENIENCE
REQUIRE THE IMPROVEMENTS; DETERMINE WHETHER A MAJORITY PROTEST HAS
BEEN TIMELY FILED AGAINST SAID IMPROVEMENTS, OR ANY PORTION
THEREOF; FINALLY ACT ON THE ENGINEER'S tlREPORTtt; AND HEAR ALL
PROTESTS RELATING TO SAID PROPOSED PROCEEDINGS, OR THE GRADES AT
WHICH THE WORK SHALL BE DONE, OR THE EXTENT OF THE ASSESSMENT
DISTRICT, OR AS TO MAPS AND DESCRIPTIONS, OR THE ESTIMATE OF THE
COST AND EXPENSES THEREOF, OR THE PROPOSED DIAGRAM OR ASSESSMENT;
AND ANY AND ALL PERSONS INTERESTED MAY FILE A WRITTEN PROTEST AT OR
BEFORE THE TIME SET FOR HEARING REFERRED TO HEREIN.
A. IF UPON THE CONCLUSION OF THE SECOND PUBLIC
HEARING A WRITTEN MAJORITY PROTEST EXISTS COMPUTED AND WEIGHTED
ACCORDING TO THE PROPORTIONAL FINANCIAL OBLIGATION OF THE AFFECTED
PROPERTY, THE PROCEEDINGS SHALL BE ABANDONED AND THE ASSESSMENTS
WILL NOT BE IMPOSED.
B. IF UPON THE CONCLUSION OF THE SECOND PUBLIC
HEARING WRITTEN PROTESTS ARE FILED BY OWNERS OF MORE THAN ONE-HALF
OF THE AREA OF LAND TO BE ASSESSED, NO FURTHER PROCEEDINGS SHALL BE
TAKEN FOR A PERIOD OF ONE YEAR, UNLESS THE PROTESTS ARE OVERRULED
BY AN AFFIRMATIVE VOTE OF 4/5'S OF THE MEMBERS OF THE LEGISLATIVE
BODY FINDING THAT THE PUBLIC HEALTH AND SAFETY REQUIRE THE
IMPROVEMENTS.
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NOTICE AND PROTEST PROCEDURE
SECTION 5. A. That the City Clerk is hereby directed to mail
notice of said Public Hearings and the adoption of the Resolution
of Intention and of the filing of the "ReportIv to all persons
owning real property proposed to be assessed, whose names and
addresses appear on the last equalized assessment roll for County
taxes prior thereto, or as known to said City Clerk, and to all
other persons as prescribed in accordance with the provisions of
said Division 12.
B. Accompanying the mailed notice will be a form
of ballot to be submitted by property owners indicating their
position in favor of or against the formation of the special
Assessment District and levy of the assessments. All ballots shall
be returned prior to the conclusion of the second public hearing so
that a determination can be made as to whether or not a majority
protest exists and whether the proceedings will then go forward or
be abandoned. At the second public hearing the protests will be
tabulated.
BOUNDARY MAP
SECTION 6. That the City Clerk is hereby further directed to
file a copy of the proposed boundary map in the Office of the
County Recorder within fifteen (15) days of the adoption of the
proposed boundary map; said boundary map to be in the manner and
form as set forth in Division 4.5 of the Streets and Highways Code
of the State of California.
PASSED, APPROVED AND ADOPTED at a regular meeting of the City
Council of the City of Carlsbad, held on the 25th day of March ,
1 1997, by the following vote:
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NOES: None 2
AYES: Council Members Lewis, Finnila and Hall
3 ABSENT: Council Members Nygaard and Kulchin
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ABSTAIN : None
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ATTEST: 7
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