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Home My WebLink About1998-06-09; City Council; Resolution 98-1791 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 I 28 I I 1, 0 0 EXHIBIT 5 RESOLUTION NO. 98-179 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 previously forme special maintenance district pursuant to the terms of the Landscaping and Lighting Act of IC being Division 15, Part 2 of the Streets and Highways Code of the State of California, s special maintenance district known and designated as Street Lighting and Landscaping Dist No. 1 (hereinafter referred to as the Maintenance District); and, WHEREAS, the Maintenance District is an existing assessment district in wt- assessments are not proposed to be increased, and is exempt from the procedures : requirements of all assessments under California Constitution Act XlllD Ej 5 (a). WHEREAS, the City Council wishes to take proceedings to provide for the annual I( of assessments for the next ensuing fiscal year to provide for the costs and expen necessary to pay for the maintenance of the improvements within the Maintenance Distl and, WHEREAS, there has been presented and approved by this City Council the Enginet Report, as required by law, and this City Council is desirous of continuing with the proceedir for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all originally designa and authorized improvements, as well as certain new and additional improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. lllll 1 2 3 0 0 I ~ DECLARATION OF INTENTION I1 SECTION 2. That the public interest and convenience requires, and it is the intention of i 4 legislative body to levy and collect assessments to pay the annual costs and expenses for maintenance and/or servicing of the improvements for the above referenced Maintena. District, said improvements generally described as follows: 5 6 7 8 9 The maintenance of certain street lighting improvements, street trees and med landscaping improvements, as set forth and described in the Engineer's Report. 10 The maintenance of certain additional street lighting improvements and additic 12 new development are described as follows: 11 The proposed new improvements to be maintained and serviced caused generally 13 l8 BOUNDARIES OF MAINTENANCE DISTRICT 17 the City Clerk. 16 which is hereby ordered to be kept on file and open for public inspection in the Office 15 landscaping improvements, all as set forth and described in the Engineer's Rep1 14 landscaping improvements, including replacement of street trees and mec SECTION 3. That said works of improvement are of direct benefit to the properties within l9 boundaries of said Maintenance District, which Maintenance District the legislative bc 2o previously declared to be the area benefited by said works of improvement, and for particull 21 reference is made to the boundary map as previously approved by this legislative body, a cl 22 11 of which is on file in the office of the City Clerk and open for public inspection, and is designa 23 24 25 26 27 28 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 bod) on file with the City Clerk and open for public inspection. Reference is made to I i Report for a full and detailed description of the improvements to be maintained, 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 i ,I 0 0 boundaries of the Maintenance District and any zones therein, and the propo: assessments upon assessable lots and parcels of land within the Maintenance Distric B. Annual assessment increases will be caused by reasons of increases in the cost: labor, materials and utility cost increases as applied to energy rates and water fe Assessments can be annually modified and increased to reflect an annual modificat in the cost of labor and materials based upon the Consumer Price Index, San Diego, published by the Department of Labor as computed for the first index in March of e; year with additional modifications for related energy and water rate increases. C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median Ber Zone assessments are to remain the same as the previous year and all n assessments added to the tax roll forms will be calculated at the same base formulas Fiscal Years 1996-97 and 1997-98. PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is hereby scheduled in the reg1 meeting place of the City Council, being the Council Chambers, City Hall, on the following d and time: Tuesday, July 14, 1998, at 6:OO p.m. At that time this legislative body will hear protests or objections in reference to the annual lev! of assessments and to any other matters contained in this resolution. Any persons who wish object to the proceedings or the annual levy should file a written protest with the City Clerk pr to the time set for the public hearing. If there is a majority protest against the levy of an annu assessment that is increased from the previous year, the proposed increase in the assessments shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more tha 50% of the assessable area of land within the proposed district. ~ 11111 L 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 1 e 0 NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required law by causing a copy of this Resolution to be published in the North Countv Times newspaper of general circulation within the City of Carlsbad, said publication to be comple not less than ten (I 0) 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 informat 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 at regular meeting held on the 9th day of Jwe , 1998, by the following vote, to wit: f-> AYES: Council Members Lewis, Finni NOES: None ABSENT: None 1 ATTEST: &- 4.- & (/ 2- ,;-kAh ALETHA L. RAUTENERANZ, City klerk (SEAL) I I