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Home My WebLink About1996-06-04; City Council; Resolution 96-200- 9 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17' I* 19 20 21 22 23 24 25 26 27 28 0 0 RESOLUTION NO. 96-200 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT, AND SETTING A TIME AND PLACE FOR TWO PUBLIC HEARINGS THEREON WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, previously formed a special maintenance district pursuant to the terms of the Landsca and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code o State of California, said special maintenance district known and designated as STF LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Mainteni District); and, WHEREAS, at this time the City Council is desirous to take proceedings to provid the annual levy of assessments for the next ensuing fiscal year to provide for the costs expenses necessary to pay for the maintenance of the improvements within the Mainteni District; and, WHEREAS, there has been presented and approved by this City Council Engineer's Report, as required by law, and this City Council is desirous of continuing the proceedings for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all origi designated and authorized improvements, as well as certain new and addit improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it is the intention o legislative body to levy and collect assessments to pay the annual costs and expense ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I’ 20 21 22 23 24 25 26 27 28 0 0 the maintenance and/or servicing of the improvements for the above referenced Mainteni District, said improvements generally described as follows: The maintenance of certain street lighting improvements, street trees and me landscaping improvements, as set forth and described in the Engineer’s Repor. The proposed new improvements to be maintained and serviced caused general1 new development are described as follows: The maintenance of certain additional street lighting improvements and additi landscaping improvements, including replacement of street trees and me landscaping improvements, all as set forth and described in the Engineer’s Rei which is hereby ordered to be kept on file and open for public inspection in the 0 of the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the properties within boundaries of said Maintenance District, which Maintenance District the legislative b previously declared to be the area benefited by said works of improvement, and particulars, reference is made to the boundary map as previously approved by this legisle body, a copy of which is on file in the office of the City Clerk and open for public inspecti and is designated by the name of this Maintenance District. REPORT OF ENGINEER SECTION 4. A. That the Report of the Engineer, as preliminarily approved by this legislative bc is on file with the City Clerk and open for public inspection. Reference is madc said Report for a full and detailed description of the improvements to be maintain the boundaries of the Maintenance District and any zones therein, and the propo: assessments upon assessable lots and parcels of land within the Maintenance Distr 5. Annual assessment increases will be caused by reasons of increases in the co 1 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 of labor, materials and utility cost increases as applied to energy rates and water fc Assessments can be annually modified and increased to reflect an annual modifica in the cost of labor and materials based upon the Consumer Price Index, San Dic as published by the Department of Labor as computed for the first index in Marc each year with additional modifications for related energy and water rate increa: C. All Street Tree Benefit Zone assessments are projected to be increased by Street Median Benefit Zones are projected to remain the same as the previous fi: year, and revision of the Street Lighting Benefit Zone budget, as detailed in Engineer’s Report, is projected to increase 54% (includes new parcels added year) of the zone assessments, leaving 1 % at the same rate as the last fiscal year, decreasing 45% of the assessments. PUBLIC HEARING SECTION 5. Notice is hereby given that two public hearings are hereby scheduled in regular meeting place of the City Council, being the Council Chambers, City Hall, on following dates and times: A. First public hearing: June 18, 1996 at 6:OO p.m. B. Second public hearing: July 23, 1996 at 6:OO p.m. At that time this legislative body will hear protests or objections in reference to the annual Ic of assessments and to any other matters contained in this resolution. Any persons who w to object to the proceedings or the annual levy should file a written protest with the City CI prior to the time set for the second public hearing. If there is a majority protest against levy of an annual assessment that is increased from the previous year, the proposed increi in the assessments shall be abandoned. A majority protest exists if, upon the conclusion the hearing, written protests filed and not withdrawn, represent property owners owning mc than 50% of the assessable area of land within the proposed district. /I/ I A i 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 * 0 NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as reqi by law by causing the joint notice of both public hearings to be accomplished by placi display advertisement of at least one-eighth page in the North Countv Times for a perk three weeks. The first public hearing shall take place no earlier than ten (10) days afte first publication of the notice. PROCEEDINGS I NQUlRl ES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including inform relating to protest procedure, your attention is directed to the person designated belov VIRGINIA McCOY COMMUNITY SERVICES DEPARTMENT CITY OF CARLSBAD TELEPHONE: 61 9/434-2941 ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS Owners of property within the Maintenance District may mail wriien protests to the folio1 address: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbi its regular meeting held on the 4th day of JUNE , 1996, by the following r to wit: AYES: Council Members Lewis, Nygaard, Kulchin, Hall NOES: None ABSENT: Council Member Finnila ATTEST: nL*RiT&%drk (SEAL)