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Home My WebLink About1999-06-22; City Council; Resolution 99-224i // 0 0 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 I RESOLUTION NO. 99-224 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 form special maintenance district pursuant to the terms of the Landscaping and Lighting Act of 1 being Division 15, Part 2 of the Streets and Highways Code of the State of California, special maintenance district known and designated as Street Lighting and Landscaping Di No. 1 (hereinafter referred to as the Maintenance District); and, WHEREAS, the Maintenance District is an existing assessment district in v assessments are not proposed to be increased, and is exempt from the procedures requirements of all assessments under California Constitution Act XlllD § 5 (a). WHEREAS, the City Council wishes to take proceedings to provide for the annual of assessments for the next ensuing fiscal year to provide for the costs and expe necessary to pay for the maintenance of the improvements within the Maintenance Di: and, WHEREAS, there has been presented and approved by this City Council the Engir Report, as required by law, and this City Council is desirous of continuing with the proceei i for said annual levy; and i WHEREAS, the improvements ta be maintained shall consist of all originally desigl I i and authorized improvements, as well as certain new and additional improvements. i 1 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: ~ RECITALS SECTION 1. That the above recitals are all true and correct. 1 ~ lllll II 0 0 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 DECLARATION OF INTENTION SECTION 2. That the public interest and convenience requires, and it is the intention ol legislative body to levy and collect assessments to pay the annual costs and expenses fo maintenance and/or servicing of the improvements for the above referenced Mainten District, said improvements generally described as follows: The maintenance of certain street lighting improvements, street trees and mc landscaping improvements, as set forth and described in the Engineer's Report. The proposed new improvements to be maintained and serviced caused general new development are described as follows: The maintenance of certain additional street lighting improvements and addil landscaping improvements, including replacement of street trees and mt landscaping improvements, all as set forth and described in the Engineer's RE which is hereby ordered to be kept on file and open for public inspection in the Offi the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the properties withi boundaries of said Maintenance District, which Maintenance District the legislative previously declared to be the area benefited by said works of improvement, and for particl reference is made to the boundary map as previously approved by this legislative body, a of which is on file in the office of the City Clerk and open for public inspection, and is desigl 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 bo I on file with the City Clerk and open for public inspection. Reference is made tc Report for a full and detailed description of the improvements to be maintainec ll 0 0 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 1'7 18 19 20 21 22 23 24 25 26 27 I 28 I boundaries of the Maintenance District and any zones therein, and the prop assessments upon assessable lots and parcels of land within the Maintenance Distr B. Annual assessment increases will be caused by reasons of increases in the cos labor, materials and utility cost increases as applied to energy rates and water Assessments can be annually modified and increased to reflect an annual modific in the cost of labor and materials based upon the Consumer Price Index, San Dieg published by the Department of Labor as computed for the first index in March of year with additional modifications for related energy and water rate increases. C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median BE Zone assessments are to remain the same as the previous year and all assessments added to the tax roll forms will be calculated at the same base formuk Fiscal Years 1996-97, 1997-98 and 1998-99. PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is hereby scheduled in the re! meeting place of the City Council, being the Council Chambers, City Hall, on the following and time: Tuesday, July 13, 1999, 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 wis object to the proceedings or the annual levy should file a written protest with the City Clerk I to the time set for the public hearing. If there is a majority protest against the levy of an anr 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 tt ~ 50% of the assessable area of land within the proposed district. 11/11 I' I/ 0 e 1 2 3 4 5 6 7 8 9 SECTION 7. For any and all information relating to these proceedings, including inform NOTICE SECTION 6. That the City Clerk is hereby authorized and directed to give notice as require law by causing a copy of this Resolution to be published in the North Countv Time newspaper of general circulation within the City of Carlsbad, said publication to be comp not less than ten (IO) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES/PROTESTS 10 11 12 13 relating to protest procedure, your attention is directed to the person designated below: VIRGINIA McCOY PUBLIC WORKS CITY OF CARLSBAD ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS TELEPHONE: 760/434-2941 14 address: 15 Owners of property within the Maintenance District may mail written protests to the folk 16 17 18 CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 19 I PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad 20 regular meeting held on the 22 day of June , 1999, by the following vote, to wi 21 AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin 22 23 NOES: None ABSENT: None 24 11 25 26 27 28 ATTEST: KAREN R. KUNDTZ, Assistant City