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HomeMy WebLinkAbout2001-06-19; City Council; Resolution 2001-1741 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2001-174 A 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 formed a special maintenance district pursuant to the terms of the Landscaping and Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code), said special maintenance district known and designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as the “Maintenance District”); and WHEREAS, the Maintenance District is an existing assessment district in which assessments are not proposed to be increased, and is exempt from the procedures and requirements of all assessments under California Constitution Act XIIID 9 5 (a). WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Maintenance District; and WHEREAS, there has been presented and approved by this City Council the Engineer’s Report (the “Report”), as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and WHEREAS, the improvements to be maintained shall consist of all originally designated 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. SECTION 2. That the public interest and convenience requires, and it is the intention of the City Council to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the Maintenance District, said . improvements generally described as follows: 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 28 27 28 The maintenance of certain street lighting improvements, street trees and median landscaping improvements, as set forth and described in the Report. The proposed new improvements to be maintained and serviced caused generally by new development are described as follows: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including replacement of street trees and median landscaping improvements, all as set forth and described in the Report, which is hereby ordered to be kept on file and open for public inspection in the Office of the City Clerk. BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said improvements are of direct benefit to the properties within the boundaries of the Maintenance District, which Maintenance District the legislative body previously declared to be the area benefited by the improvement, and for particulars, reference is made to the boundary map as previously approved by the City Council, a copy of which is on file in the office of the City Clerk and open for public inspection, and is designated by the name of this Maintenance District. REPORT OF ENGINEER SECTION 4. A. That the Report, as preliminarily approved by this legislative body, is on file with the City Clerk and open for public inspection. Reference is made to the Report for a full and detailed description of the improvements to be maintained, the boundaries of the Maintenance District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Maintenance District. B. Annual assessment increases will be caused by reasons of increases in the costs of labor, materials and utility cost increases as applied to energy rates and water fees. Assessments can be annually modified and increased to reflect an annual modification in the cost of labor and materials based upon the Consumer Price Index, San Diego, as published by the Department of Labor as computed for the first index in March of each year with additional modifications for related energy and water rate increases. 1 C. All Street Light Benefit Zone, Street Tree Benefit Zone and Street Median Benefit 2 Zone assessments are to remain the same as the previous year and all new assessments added 3 to the tax roll forms will be calculated at the same base formulas as Fiscal Years 1996-97, 4 1997-98, 1998-99, 1999-00, and 2000-01. 5 6 PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is hereby scheduled in the 7 regular meeting place of the City Council, being the Council Chambers, City Hall, on the following 8 date and time: 9 IO Tuesday, July 17,2001, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the annual levy of assessments and to any other matters contained in this resolution. Any persons who wish 11 12 13 14 to object to the proceedings or the annual levy should file a written protest with the City Clerk prior to the time set for the public hearing. If there is a majority protest against the levy of an annual 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 15 protests filed and not withdrawn, represent property owners owning more than 50% of the 16 assessable area of land within the proposed district. 17 II NOTICE 18 19 SECTION 6. That the City Clerk is hereby authorized and directed to give notice as required by law by causing a copy of this Resolution to be published in a newspaper of general 2o circulation within the City of Carlsbad, said publication to be completed not less than ten (10) days 21 prior to the date set for the public hearing. 22 III II 23 01 24 Ill 25 I// 28 111 27 111 28 Ill 1 2 3 4 5 6 7 8 9 10 11 12 13 16 18 23 24 25 26 27 28 PROCEEDINGS INQUIRIESIPROTESTS SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: VIRGINIA MCCOY ADMINISTRATIVE COORDINATOR - SPECIAL DISTRICTS PUBLIC WORKS CITY OF CARLSBAD TELEPHONE: (760) 602-2777 Owners of property within the Maintenance District may mail written protests to the following address: CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 19th day of June ,200l by the following vote, to wit: AYES: Council Members Lewis,alchin, Finnila, Nygaard, and Hall. (SEAL)