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Home My WebLink About1984-06-05; City Council; Resolution 7622... -+ 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 RESOLUTION NO. 7622 RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND NANCE IN AN EXISTING DISTRICT, PURSUANT 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 COLLECTION OF ASSESSMENTS FOR CERTAIN MAINTE- WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has ireviously formed a street lighting and landscaping district pursuant to the Germs and provisions of the "Landscaping and Lighting Act of 1972," being Iivision 15, Part 2 of the Streets and Highways Code of the State of :alifornia, in what is known and designated as CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 :hereinafter referred to as the "District"); and, WHEREAS, at this time, this City Council is desirous to take iroceedings to provide for the annual levy of assessments for the next ensuinq Fiscal year, to provide for the costs and expenses necessary for continual naintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this :ity Council, the Engineer's "Report" as required by law, and this City Zouncil is desirous of proceeding with the proceedings for said annual levy. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and PUBLIC INTEREST SECTION 2. That the public interest and convenience it is the intention of this City Council, to undertake proceed correct. requires, and ngs for the annual levy and collection of special assessments for the continual naintenance of certain improvements, all to serve and benefit said District as c 1 2 3 4 5 6 7 -E 2 1c 11 12 12 14 1E le 17 1E 15 2c 21 2: 2; 21 21 2t 2' 2E aid area is shown and delineated on a map as previously approved by this City ouncil and on file in the Office of the City Clerk, open to public nspection, and herein so referenced and made a part hereof, and proposed hanges thereto are set forth in the "Report" of the Engineer, incorporated ierein as a part hereof. REPORT SECTION 3. That the "Reporti1 of the Engineer regarding the annual evy for said District, which "Report" is for maintenance for the fiscal year 984-1985, is hereby approved and is directed to be filed in the Office of the :ity Clerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and t is the intention of this City Council to order the annual assessment levy 'or the District as set forth and described in said Engineer's "Report," and 'urther it is determined to be in the best public interest and convenience to levy and collect annual assessments to pay the costs and expenses of said naintenance and improvement as estimated in said "Report .'I DESCRIPTION OF MAINTENANCE SECTION 5. The assessments levied and collected shall be for the naintenance of certain improvements, as set forth in the Engineer's "Report ,I' referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection 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 3r purposes of paying for the costs and expenses of said District. -2- -, ,* 1 2 3 4 5 6 7 E 5 1c 11 12 12 14 1: 1C 1'; 1t 1: 2c 21 22 2: 2L 2F 2t 2'; 2t 0 SPECIAL FUND SECTION 7. That all monies collected shall be deposited in a ipecial fund known as "SPECIAL FUND CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1" 'ament shall be made out of said fund only for the purpose provided for in :his Resolution, and in order to expedite the making of this maintenance and improvement, the City Council may transfer into said special fund, from any wailable source, such funds as it may deem necessary to exDedite the woceedings. wovided for in this Resolution. Any funds shall be repaid out of the proceeds of the assessments BOUNDARIES OF DISTRICT SECTION 8. Said contemplated maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of land within the loundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the 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, Part 2 of the Streets and Highways Code of the State of California, which are included within the boundaries of the District, shall be omitted and exempt from any assessment to // -3- .. L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2c 21 22 22 24 25 2E 27 2E e made under these proceedings to cover any of the costs and expenses of said inprovement and maintenance work. PUBLIC HEARING SECTION 70. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 19TH DAY OF UNE, 1984, AT THE HOUR OF 6:OO O'CLOCK P.M., IN THE REGULAR MEETING OF THE ITY COUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TIME AND PLACE FIXED BY THIS ITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE MNUAL LEVY OF ASSESSMENTS, TO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER ATTERS CONTAINED IN THIS RESOLUTION. ROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH THE CITY LERK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING. ANY PERSONS WHO WISH TO OBJECT TO THE NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to ublish a copy of this Resolution in the CARISBAD JOURNAL , a newspaper f general circulation within said City, said publication shall be not less han ten (10) days before the date set for said Public Hearing. EFFECTIVE DATE SECTION 12. That this Resolution shall take effect immediately upon ts adoption. PROCEEDINGS INQUIRIES SECTION 13. For any and all information relating to the Iroceedinqs, protest procedure, any documentation and/or information of a n-ocedural or technical nature, your attention is directed to the below listed ierson at the local agency or department so designated: Roger W. Greer Director of Utilities CITY OF CARLSBAD 1200 Elm Avenue Carl sbad, California 92008 ( 61 9) -438-5621 -4- L f E E 1( 1: 1: 1: 1. 1 1 1 1 1 2 2 c 1 1 6 1 1 6 PASSED, APPROVED and ADOPTED this 5th day of June , 1984. CITY OF CdRLSBAD STATE OF CALIFORNIA 'ATE OF CALIFORNIA -5-