HomeMy WebLinkAbout1989-07-11; City Council; Resolution 89-219*&.I-
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RESOLUTION NO. 89-219
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, APPROVING A PROPOSED
RES6LUTION OF IN'PPNTION AND REQUZSTINC CONSENT'
AND JURISDICTION
WHEREAS, the CITY COUNCIL of the CITY OF CARLSI
CALIFORNIA, proposes to initiate proceedings relating to
levy and imposition of benefit assessments as set forth
described in the proposed Resolution of Intention atta
hereto; and it is the opinion of this legislative body that
purpose sought to be accomplished by said levy of benefit ass
ments can best be achieved by a single comprehensive lev
assessments, with proceedings conducted pursuant to the pr
sions of the "Benefit Assessment Act of 1982", being Cha
6.4, Division 2, Title 5 of the Government Code of the Stat
California, commencing with Section 54703, said area of ber
being known and designated as BENEFIT AREA NO. 1 (herein;
referred to as the "Benefit Area"); and,
WHEREAS, it is required and hereby further requested
the consent of the CITY OF OCEANSIDE, CALIFORNIA (herein;
referred to as "Consenting Agency") be procured to the asse!
of benefited parcels, all as described in the proposed Re!
tion of Intention, a copy of which is attached hereto.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTION 1. That the above recitals are all truE
correct.
SECTION 2. That the City Council hereby declares its i
tion to adopt and approve the proposed Resolution of ~nte
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attached hereto, for the purpose of assessing of benefit par
in the Benefit Area, and that the consent of the Consen
Agency is hereby requested for the following:
1. Formation of the Benefit Area;
2. Authority to maintain improvements
appropriate;
3. Power to assess benefited properties;
4. The assumption of jurisdiction by
legislative body for all purposes in connection with the Ber
Area;
5. The consent and approval of the encl
proposed Resolution of Intention; and,
6. Consent to and approval of the map
warded indicating the extent of territory included in
proposed Benefit Area.
SECTION 3. The City Clerk is hereby directed to forwa
certified copy of this Resolution, together with the pros
Resolution of Intention attached hereto, and a copy of the
indicating the extent of the territory included in the prog
Benefit Area to the Consenting Agency.
SECTION 4. A portion of the works of maintenance an
the properties to be assessed lie not only within the bound:
of this City, but also exclusively within the jurisdicti
boundaries of the Consenting Agency.
SECTION 5. That the City agrees to hold harmless
indemnify the Consenting Agency, its officers and emplol
from any and all causes of action, claims, losses or dan
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which may arise, directly or indirectly, from the action of
Consenting Agency in reviewing and granting its consent to
formation of the proposed Benefit Area.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 11th
of July , 1989, by the following vote, to wit
AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor
NOES : None
ABSENT: None
ATTEST:
m&A& ALETHA La RAUTENKRANZ, City
(SEAL)
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING INTENTION TO
LEVY ANNUAL BENEFIT ASSESSMENTS, SETTING A
TIME AND PLACE FOR A PUBLIC HEARING, AND
APPROVING REPORT OF ENGINEER
WHEREAS, the CITY COUNCIL of the CITY OF CARL
CALIFORNIA, has initiated proceedings relating to the $ev
imposition of benefit assessments pursuant to the term
provisions of the "Benefit Assessment Act of 1982",
Chapter 6.4, Division 2 , Title 5 of the Government Code o
State of California, commencing with Section 54703, said ar
benefit being known and designated as BENEFIT AREA NO. 1 (he
after referred to as the "Benefit Area"); and,
WHEREAS, there has now been presented the Repor
required and previously authorized, and this legislative bo
now satisfied with the levy of the assessments and is des
to proceed to authorize a time and place for a public hearin
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all truc
correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and conven ,
~ requires, and this legislative body does propose at this til
initiate proceedings to levy and impose benefit assessmenl
finance the maintenance and operation costs related tc
following:
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All necessary work and services for the ma
nance and drainage of the BUENA VISTA CREEK CHANNEL be
JEFFERSON STREET and EL CAMINO REAL, including the removl
sediment, vegetation and other debris and all other worl
maintenance. For a full and detailed desfcription 0:
services to be funded by the imposition of the special as
ments, reference is hereby made to the "Report" approved by
Resolution and on file in the Office of the City Clerk.
BOUNDARIES OF BENEFIT AREA
SECTION 3. That said work and services will provj
special and direct benefit to the property and parcels of
within the boundaries of the Benefit Area, and the map subm
herewith, showing the boundaries of the Benefit Area and
and properties to be assessed, designated as "BOUNDARLI
BENEFIT AREA NO. l", is hereby approved and adopted.
ASSESSMENTS
SECTION 4. The public interest and convenience requi
and it is the intention of this legislative body to order
levy annual assessments for the maintenance and/or servicir
the above improvements, and it is further determined that
benefit assessments are not taxes for the general benefit 0:
government of this City, but are assessments to be leviec
services which confer special benefits upon the properties t
assessed and to which the services are so provided.
REPORT OF ENGINEER
SECTION 5. That the Report, as presented, is he
28 approved and is ordered to be kept on file in the office of
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inspection. Said Report generally consists of the following 3
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A. A description of the service proposed
financed through revenue derived from the levy and collecti
the annual special assessment;
B. A description of each lot or parcc
property proposed to be subject to the benefit assessment,
parcel being described by the County Assessor's parcel numbe
P c- A diagram showing the exterior bound
of the Benefit Area, the boundaries of any zones wit,
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Benefit Area and the lines and dimensions of each lot or F
within the Benefit Area. Each parcel is identified by a dis
tive number or letter. The lines and dimensions of eac:
15 ll conform to those on the County Assessor's map for the f
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year to which the Report applies;
D. The amount of the proposed assessmen.
each parcel;
E. The basis and schedule €or the levy o
proposed assessments.
PUBLIC HEARING
22 II SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE
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DAY OF AUGUST, 1989, AT THE HOUR OF 6: 00 p .M. , IN THE RE
MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE co
CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEG
TIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVI
IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE
AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANC
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OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERV
ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS ANI
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD
A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SE
THE PUBLIC HEARING.
PUBLIC AND UTILITY PROPERTY
SECTION 7. That it is hereby determined that p
property owned by any public agency and in the use and pe
mance of a public function and which is included withir
boundaries of the Benefit Area shall be omitted and exempt
any assessment made under these proceedings. If any rail
gas, water or electric utility right-of-way shall be inc
within the boundaries of the Benefit Area and subject to as
ment, in determining the extent of benefit it shall be pre.
that its use as a utility shall be permanent.
NOTICE
SECTION 8. That the City Clerk is hereby authorized
directed to give notice as follows:
A. A copy of this Resolution of Inte
shall be published in the CARLSBAD JOURNAL, a newspaps
general circulation within said City; said publication t
completed not less than ten (10) days prior to the date set
the public hearing.
B. A copy of this Resolution of Inter
shall be mailed by first-class mail, postage prepaid, to
property owners within the Benefit Area whose names
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said mailing to be completed not less than twenty (20)
prior to the date set €or the public hearing.
PROCEEDINGS INQUIRIES
SECTION 9. For any and all information relating to t
proceedings, including information relating to the protest pr
dure, your attention is directed to the person designated bel
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RALPH ANDERSON
UTILITIES & MAINTENANCE SUPERVISOR
CITY OF CARLSBAD
2075 LAS PALMAS
CARLSBAD, CA 92009
TELEPHONE: ( 619) 438-7753
SPECIAL COUNSEL SERVICES
SECTION 10. That the letter agreement for Special 'COI
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is hereby accepted and approved for execution. I-5
services submitted herewith by Brown & Diven, Attorneys at
PASSED, APPROVED AND ADOPTED by the City Council of
17 11 City of Carlsbad at its regular meeting held on the
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of , 1989, by the following vote, to wil
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor I I
2411 ATTEST: 25
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ALETHA L. RAUTENKRANZ, City Clerk
(SEAL 1