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HomeMy WebLinkAbout1997-06-24; City Council; Resolution 97-5221 a 0 1 2 3 4 5 6 7 RESOLUTION NO. 97-577 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 A PUBLIC HEARING THEREON WHEREAS, the City Council of the City of Carlsbad, California, has previou? 8 9 formed a special maintenance district pursuant to the terms of the Landscaping and Lightil Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of the State lo II California, said special maintenance district known and designated as Street Lighting a 11 12 WHEREAS, the Maintenance District is an existing assessment district in whic 13 assessments are not proposed to be increased, and is exempt from the procedures ar 14 requirements of all assessments under California Constitution Act XlllD Ej 5 (a). 15 WHEREAS, the City Council wishes to take proceedings to provide for the annL 16 17 levy of assessments for the next ensuing fiscal year to provide for the costs and expensc necessary to pay for the maintenance of the improvements within the Maintenance Distric Landscaping District No. 1 (hereinafter referred to as the Maintenance District); and, 18 /j and, 19 I WHEREAS, there has been presented and approved by this City Council tt 2o the proceedings for said annual levy; and 21 Engineer's Report, as required by law, and this City Council is desirous of continuing wi. 22 ii WHEREAS, the improvements to be maintained shall consist of all original 23 11 designated and authorized improvements, as well as certain new and addition 24 11 improvements. 25 I 26 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 27 I1 RECITALS I/ SECTION 1. That the above recitals are all true and correct. 28 0 0 1 2 DECLARATION OF INTENTION 3 4 SECTION 2. That the public interest and convenience requires, and it is the intention of tt Maintenance District, said improvements generally described as follows: 6 the maintenance and/or servicing of the improvements for the above referenc 5 legislative body to levy and collect assessments to pay the annual costs and expenses ' 7 8 The maintenance of certain street lighting improvements, street trees and medi The proposed new improvements to be maintained and serviced caused generally I 9 landscaping improvements, as set forth and described in the Engineer's Report. lo 11 I.1 II l2 I1 13 11 14 11 15 11 new development are described as follows: The maintenance of certain additional street lighting improvements and additior landscaping improvements, including replacement of street trees and medii landscaping improvements, all as set forth and described in the Engineer's Repc which is hereby ordered to be kept on file and open for public inspection in the Offi of the City Clerk. 16 17 18 19 BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the properties wit1 the boundaries of said Maintenance District, which Maintenance District the legislative bo 20 21 22 previously declared to be the area benefited by said works of improvement, and 'I particutars, reference is made to the boundary map as previously approved by tt legislative body, a copy of which is on file in the office of the City Clerk and open for pub 23 24 inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER 25 11 SECTION 4. 26 A. That the Report of the Engineer, as preliminarily approved by this legislati, 27 body, is on file with the City Clerk and open for public inspection. Reference is mal 28 to said Report for a full and detailed description of the improvements to I e 0 1 2 3 4 5 maintained, the boundaries of the Maintenance District and any zones therein, an the proposed assessments upon assessable lots and parcels of land within th Maintenance District. B. Annual assessment increases will be caused by reasons of increases in the cosi 6 7 8 of labor, materials and utility cost increases as applied to energy rates and watt fees. Assessments can be annually modified and increased to reflect an annul modification in the cost of labor and materials based upon the Consumer Price lnde 9 12 increases. 11 in March of each year with additional modifications for related energy and water ra 10 San Diego, as published by the Department of Labor as computed for the first indc C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median Bene 13 16 as Fiscal Year 1996-97. 15 assessments added to the tax roll forms will be calculated at the same base formull 14 Zone assessments are to remain the same as the previous year and all ne PUBLIC HEARING l7 meeting place of the City Council, being the Council Chambers, City Hall, on the followil I* SECTION 5. Notice is hereby given that a public hearing is hereby scheduled in the regul I.9 I/ date and time: 2o (1 Tuesday, July 15, 1997, at 6:OO p.m. 21 22 23 24 25 At that time this legislative body will hear protests or objections in reference to the ann1 levy of assessments and to any other matters contained in this resolution. Any persons wI wish to object to the proceedings or the annual levy should file a written protest with the C ~ Clerk prior to the time set for the public hearing. If there is a majority protest against the le 26 27 28 of an annual assessment that is increased from the previous year, the proposed increase the assessments shall be abandoned. A majority protest exists if, upon the conclusion oft hearing, written protests filed and not withdrawn, represent property owners owning mc m a 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 ~ than 50% of the assessable area of land within the proposed district. NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as requir by law by causing a copy of this Resolution to be published in the North County Times newspaper of general circulation within the City of Carlsbad, said publication to completed not less than ten (IO) days prior to the date set for the public hearing. ~ ~ PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including informati relating to protest procedure, your attention is directed to the person designated below: VIRGINIA McCOY COMMUNITY SERVICES DEPARTMENT CITY OF CARLSBAD ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS TELEPHONE: 760/434-2941 Owners of property within the Maintenance District may mail written protests to the followi ~ 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 Carlsbad its regular meeting held on the 24th day of June , 1997, by the following vote, wit: AYES: Council Members Lewis, Finnila, Nygaard, ,wlchin, and Hall NOES: None ABSENT: None ~ ATTEST: - a-mL R. Qa- ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL) I ~