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Home My WebLink About2002-06-18; City Council; Resolution 2002-1851 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 RESOLUTION NO. 2002-185 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ASSESSMENT 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 assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972, :Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), said special assessment district known and designated as Street Lighting and Landscaping 3istrict No. 1 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which %ssessments are not proposed to be increased, and is exempt from the procedures and .equirements of all assessments under California Constitution Article XlllD 5 5 (a); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to xovide for the costs and expenses necessary to pay for the maintenance of the improvements nrithin the Assessment District: and WHEREAS, there has been presented and approved by this City Council the Engineer's 3eport (the "Report"), as required by law, and this City Council is desirous of continuing with the ~roceedings 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 Assessment District, the improvements generally described as follows: 37 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 The maintenance of certain street lighting improvements, street trees and median mdscaping improvements, as set forth and described in the Report. The proposed new improvements to be maintained and serviced caused generally by new levelopment are described as follows: The maintenance of certain additional street lighting improvements and additional mdscaping improvements, including replacement of street trees and median landscaping nprovements, all as set forth and described in the Report, which is hereby ordered to be kept on le and open for public inspection in the Office of the City Clerk. BOUNDARIES OF ASSESSMENT DISTRICT SECTION 3. That said improvements are of direct benefit to the properties within the loundaries of the Assessment District, which Assessment District the legislative body previously leclared to be the area benefited by the improvement, and for particulars, reference is made to le boundary map as previously approved by the City Council, a copy of which is on file in the Iffice of the City Clerk and open for public inspection, and is designated by the name of this rssessment District. REPORT OF ENGINEER SECTION 4. A. That the Report, as preliminarily approved by this legislative body, is on file with the Xy Clerk and open for public inspection. Reference is made to the Report for a full and detailed lescription of the improvements to be maintained, the boundaries of the Assessment District and Iny zones therein, and the proposed assessments upon assessable lots and parcels of land vithin the Assessment District. B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and Median .andscaping Improvement Zone assessments are to remain the same as the previous year and 111 new assessments added to the tax roll will be calculated at the same unit rates as Fiscal Years 996-97, 1997-98, 1998-99, 1999-00, 2000-01 and 2001-02. 'age 2 of 4 of Resolution No. 2002-185 PUBLIC HEARING SECTION 5. Notice is hereby given that a public hearing is scheduled in the regular meeting place of the City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, July 23, 2002, at 6:OO 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 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 protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District. 9 10 11 12 13 NOTICE 14 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 circulation within the City of Carlsbad, said publication to be completed not less than ten (IO) days prior to the date set for the public hearing. 15 16 17 l8 Ill 22 Ill 21 Ill 20 Ill l9 Ill 23 III 24 111 27 111 26 //I 25 Ill 28 Page 3 of 4 of Resolution No. 2002-185 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 PROCEEDINGS INQUlRlESlPROTESTS 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: DAVID HAUSER DEPUTY CITY ENGINEER CITY OF CARLSBAD PUBLIC WORKS TELEPHONE: (760) 602-2739 Owners of property within the Assessment District may mail written protests to the following address: CITY OF CARLSBAD CITY CLERK 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 18th day of JUNE , 2002 by the following vote, to wit: AYES: Council ers Lewis, Kulchin, Finnila, Nygaard, Hall ATTEST Au%- LORwIhE M. WOOD, City Clerk Page 4 of 4 of Resolution No. 2002-185 (SEAL)