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HomeMy WebLinkAbout1978-04-04; City Council; Resolution 5370RE SOLUTION NO. 5370 RESOLU'I'ION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE FORMATION OF A MAINTENANCE DISTRICT AND TO LEVY AND COLLECT ASSESSfiLENTS FOR CERTAIN LANDSCAPING MAINTE- NANCE E'URSUANT TO THE PROVISIONS OF DIVISION 15, PART 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON. CITY OF CARLSBAD WHEREAS, the City Council has considered the formation of a Maintenance Assessment District pursuant to the provisions of Division 15, Part 2 of the Streets and Highways Code of the State of California, being the "Landscaping and Lighting Act of 1972'' for a maintenance district to be known and designated as LA COSTA MAINTENANCE DISTRICT (hereinafter referred to as the "Maintenance District") : and, WHEREAS, at this time, there has been presented and approved by this City Council the Engineer's "Report" as required by law, and at this time this City Council is desirous of proceeding with the formation of said Maintenance District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and it is the intention of this City Council to order the formation of a Maintenance Assessment District to levy and collect annual assessments for contic.ua1 maintenance of certain landscaping and public: easements generally located with Tract 75-7, City cif Carlsbad, as said area is shown and deli- neated on a map as previously approved by this City Councj.1 and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof. . REPORT SECTION 3. That the "Report" of the Engineer of Work regarding the formation of said Maintenance District, which "Repo:ct" is for the maintenance for fiscal year commencing July 1, 1978, is hereby approved and is direczed to be filed in the Office of the City Clerk. .- ASSESSMENT SECTION 4. SECTION 5. SECTION 6. That the public interest and convenience requires, and it is the intention of this City Council to order the formation of the Maintenance District as set forth and described in said Engineer's "Report", and further it is determined to be within the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said m3intenance and improvement as estimated in said Ir Report". DESCRIPTION OF MAINTENANCE The improvements for which said Maintenance District is to be formed and the assessments levied and collected shall generally consist of the following: 1. The maintenance and servicing of landscaping at the places and points as shown on the Assessment Diagram for the La Costa Maintenance District as previously approved by this City Council; 2. The maintenance and servicing of the slopes, in- cluding erosion control, as said places and points are shown on the previously referenced map; 3. Any and all work and materials appurtenant and incidental thereto in maintaining and servicing the landscaping and slopes as shown on said map. COUNTY AUDITOR The County Auditor shall enter on the County Assess- ment El011 the amount of the assessments and shall collect said assessments at the time and in the same manner as County taxes are collected. After collec- tion by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said Maintenance District. SPECIAL FUND SECTION 7. The City Treasurer shall herewith establish a special fund known as "LA COSTA MAINTENANCE DISTRICT FUND" into which the said Treasurer shall place all monies collected by the Tax Collector as soon as said monies have heen received by said Treasurer. Payment shall be made out of said fund only for the purposes pro- vided for in this Resolution, and, in order to expe- dite the making of this maintenance and improvement, the City Council may transfer into said special fund money from any available source, such funds as it may deem necessary to expedite the proceedings. so transferred shall be deemed a loan to said special fund and shall be repaid out of the proceeds of the assessments provided for in this Resolution. Any funds -2- BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the pro- perties within the boundaries of the Maintenance District, and this City Council makes the costs and expenses of said improvements chargeable upon a dist- rict, which district said City Council hereby de- clares to be the district benefited by said improve- ments and maintenance and to be further assessed to pay the costs and expenses thereof, Said Maintenance District shall include each and every parcel of land within the boundaries of said Maintenance District as said Maintenance District is shown on a map as app- roved by this City Council and on file in the Office of the City Clerk and so designated by the name of the Maintenance District. PUBLIC PROPERTY SECTION 9, Any :Lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, ]?art 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the Maintenance District, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and lexpenses of said maintenance work, PUBLIC HEARING SECTION 3.0, NOTICE IS HEREBY GIVEN THAT ON TUESDAY, THE 2nd DAY OF MAY, 1978, AT THE HOUR OF 7:30 P.M. IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL, BEING THE REGULAR MEETING PLACE OF SAID CITY COUNCIL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE FORMATION OF THE PROPOSED MAINTENANCE DISTRICT, TO THE EXTENT OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY OTHE,R MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS F?HO WISH TO OBJECT TO THE FORMATION OF THE MAINTENANCE DISTRICT SHOULD FILE A WRITTEN PROTEST WITH. THE CITY CLERK PRIOR TO THE TIME SET AND SCHE:DULED FOR SAID PUBLIC HEARING. NOTICE SECTION 11. That: the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the CARLSBAD JOURNAL, a newspaper of general circulation in said City; said publication shall be not less than ten (10)~ days before the date for said Public Hearing. Thai: the City Clerk is hereby further directed to mai.L copies of this Resolution, by first class mail, pos.cage prepaid, to all owners of land within said proposed Maintenance District, not less than ten (10) days before the date set for said Public Hearing, all as set forth and in accordance with Division 15 of the Streets and Highways Code, the "Landscaping and Lighting Act of 1972". SECTION 12. -3- SECTION 13. SECTION 14. SECTION 15. That the City Clerk is hereby further directed to mail notices of the Public Hearing on the forma'- tion of the Maintenance District to all persons as required and as specified pursuant to Section 22557 of the Streets and Highways Code of the State of Cal i f ornia . EFFECTIVE DATE That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIRIES For any and all information relating to the proceed- ings, protest procedure, any documentation and/or information of a procedural or technical nature, your attention is directed to the below listed person and the local agency or department so designated: FRANK W. SALFINGERE, JR. URBAN ENGINEERING ENGINEER OF WORK 19720 CAMINO DE ROSA WALNUT, CALIFORNIA 91789 TELEPHONE: (714) 595-2279 OR FRANK N. "EN, ADMINISTRATIVE ASSISTANT CITY OF CARLSBAD CITY HALL 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 APPROVED and ADOPTED this 4th day of April, 1978 MAYOR, JA22-dL RONALD C. PACKARD RALy. CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : n CITY' OF@ ARLSBAD STATE 0 CALIFOm,IA -4- STATE OF CALIFORNIA COUNTY OF SAN DIEGO ) SS, CITY OF CARLSBAD 1 I, MARGARET E, ADAMS, City Clerk of the City of CARLSBAD, California, DO HEFXBY CERTIFY that the foregoing Resolution, being Resolution No. 5370 was duly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a reaular meeting of said Ci.ty Council held on the 4th - day of April, 1978 , and that the same was passed and adopted by the €ol.lowing vote, to-wit: AYES : COUNCILMEN : Packard, Skotnicki, Anear and NOES : COUNCILMEN : None Councilwoman Casler ABSENT : COUNCILMEN : None Executed this 6th day of April, 1978 at CARLSBAD, California. -___ STATE OF CALIFORNIA