HomeMy WebLinkAbout2004-02-17; City Council; Resolution 2004-0581
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RESOLUTION NO. 2004-058
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, PASSING UPON AND GIVING
PRELIMINARY APPROVAL TO THE REPORT OF THE ASSESSMENT
ENGINEER, SETTING THE TIME AND PLACE FOR A PUBLIC
HEARING AND ORDERING THE INITIATION OF ASSESSMENT
{POINSETTIA LANE EAST).
BALLOT PROCEDURES FOR ASSESSMENT DISTRICT NO. 2002-01
WHEREAS, THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA,
has instituted proceedings to finance the cost of the acquisition or construction of certain public
improvements and appurtenances pursuant to the provisions of the “Municipal Improvement Act
of 1913” (the “Improvement Act“), being Division 12 of the Streets and Highways Code of the
State of California (commencing with Section IOOOO), in a special assessment district known and
designated as Assessment District No. 2002-01 (Poinsettia Lane East) (the “Assessment
District”); and
WHEREAS, there has been prepared and filed with this legislative body a Report of the
Assessment Engineer (the “Report”) as provided for in and required by the Improvement Act,
the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 (Division 4 of
the Streets and Highways Code) (the “Investigations Act”), Article XlllD of the Constitution of the
State of California (“Article XlllD”) and the Proposition 21 8 Omnibus Implementation Act
(Government Code Section 53750 and following) (the “Implementation Act”) (the Improvement
Act, the Investigations Act, Article XlllD and the Implementation Act are referred to herein
collectively as the “Assessment Law“) and the Report has been presented to this legislative body
For its consideration; and
WHEREAS, a Resolution of Intention declaring the intention of the City Council to finance
the cost of the construction of the subject improvements through the levy of assessments within
the Assessment District was previously adopted by such City Council; and the Report as now
presented shall stand as the Report for the purpose of subsequent proceedings hereunder.
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NOW, THEREFORE, be it resolved by the City Council of the City of Carlsbad as follows:
SECTION 1.
SECTION 2.
The above recitals are all true and correct.
The Report referred to herein above is adopted, passed upon, and
preliminarily approved, as follows:
A. The plans and specifications for the improvements proposed to be acquired
or constructed, as contained in the Report, are hereby preliminarily approved and adopted;
B. The Assessment Engineer’s estimate of the itemized and total costs and
expenses of the acquisition or construction of the improvements and of the incidental expenses in
connection therewith contained in the Report including that portion of such costs and expenses
representing the special benefit to be conferred by such improvements on those parcels within the
Assessment District, and each of them are hereby preliminarily approved and adopted;
C. The diagram showing the Assessment District referred to and described in
such Resolution of Intention, and also the boundaries and dimensions of the respective
subdivisions of land within such Assessment District, as the same existed at the time of the
passage of such Resolution of Intention, each of which subdivisions have been given a separate
number upon such diagram, as contained in the Report, is hereby preliminarily approved and
adopted;
D. The proposed assessment upon the several subdivisions of land in the
Assessment District, in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by the improvements to be acquired or constructed, and of the
incidental expenses thereof, as contained in the Report, are hereby preliminarily approved and
adopted;
E. A description of the improvements to be acquired or constructed contained
in the Report are hereby preliminarily approved and adopted.
SECTION 3. The Report shall stand as the Assessment Engineer’s Report for the
purpose of all subsequent proceedings undertaken pursuant to the Resolution of Intention.
Ill
/If
Page 2 of Resolution No. 2004-058 aq
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SECTION 4. NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING TO CONSIDER
PROTESTS TO THE PROPOSED ASSESSMENTS IS HEREBY SCHEDULED TO BE HELD AT
THE CITY COUNCIL MEETING ROOM OF THE CITY OF CARLSBAD LOCATED AT
1200 CARLSBAD VILLAGE DRIVE, CARLSBAD, CALIFORNIA 92008 ON MAY 4,2004 AT 6:OO
P.M.
RIGHT TO SUBMIT ASSESSMENT BALLOT
PURSUANT TO THE PROVISIONS OF THE ASSESSMENT LAW, THE RECORD
OWNER OF EACH PARCEL PROPOSED TO BE ASSESSED HAS THE RIGHT TO SUBMIT AN
ASSESSMENT BALLOT IN FAVOR OF OR IN OPPOSITION TO THE ASSESSMENT
PROPOSED TO BE LEVIED ON SUCH PARCEL.
ASSESSMENT BALLOTS WILL BE MAILED TO THE RECORD OWNER OF EACH
PARCEL LOCATED WITHIN THE ASSESSMENT DISTRICT AND PROPOSED TO BE
SUBJECT TO AN ASSESSMENT. EACH SUCH OWNER MAY COMPLETE SUCH
ASSESSMENT BALLOT AND THEREBY INDICATE SUCH OWNER’S SUPPORT FOR OR
OPPOSITION TO THE PROPOSED ASSESSMENT. ALL SUCH ASSESSMENT BALLOTS
MUST BE RECEIVED BY THE CITY CLERK AT THE FOLLOWING ADDRESS AT OR BEFORE
THE TIME SET FOR THE CLOSE OF THE PUBLIC HEARING:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CALIFORNIA 92008
AN ASSESSMENT BALLOT RECEIVED AFTER THE CLOSE OF THE PUBLIC
HEARING WILL NOT BE TABULATED EVEN THOUGH THE POSTMARK ON THE ENVELOPE
TRANSMITTING THE ASSESSMENT BALLOT IS DATED ON OR BEFORE THE DATE OF THE
PUBLIC HEARING.
AT THE CONCLUSION OF THE PUBLIC HEARING, THE CITY COUNCIL SHALL
CAUSE THE TABULATION, PURSUANT TO GOVERNMENT CODE SECTION 53753, OF THE
ASSESSMENT BALLOTS TIMELY RECEIVED. IF A MAJORITY PROTEST, AS DESCRIBED
BELOW, EXISTS THE CITY COUNCIL SHALL NOT IMPOSE AN ASSESSMENT WITHIN THE
ASSESSMENT DISTRICT. A MAJORITY PROTEST EXISTS IF THE ASSESSMENT BALLOTS
a5 Page 3 of Resolution No. 2004-058
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SUBMITTED, AND NOT WITHDRAWN, IN OPPOSITION TO THE PROPOSED ASSESSMENT
EXCEED THE ASSESSMENT BALLOTS SUBMITTED, AND NOT WITHDRAWN, IN FAVOR OF
SUCH ASSESSMENT. IN TABULATING THE ASSESSMENT BALLOTS, EACH ASSESSMENT
BALLOTSHALLBEWEIGHTEDBYTHEAMOUNTOFTHE PROPOSEDASSESSMENTTO
BE IMPOSED UPON THE IDENTIFIED PARCEL FOR WHICH SUCH ASSESSMENT BALLOT
WAS SUBMITTED.
SECTION 5. The City Clerk is hereby directed to mail or cause to be mailed notice of the
Public Hearing and the adoption of the Resolution of Intention and of the filing of the Report,
together with the assessment ballot materials, to the record owner of each parcel proposed to be
assessed.
SECTION 6. The City Clerk is hereby further directed to file or cause to be filed a copy of
the proposed boundary map in the Office of the County Recorder within fifteen (15) days of the
adoption of the proposed boundary map; such boundary map to be in the manner and form as set
forth in Division 4.5 of the Streets and Highways Code of the State of California.
SECTION 7. For purposes of tabulating the assessment ballots for these proceedings as
required pursuant to the Assessment Law, the City Council hereby designates the City Clerk to act
as the tabulation official to tabulate the assessment ballots submitted.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
, 2004 by the following vote, to wit: City of Carlsbad on the 17th day of February
AYES:Council Members Lewis, Finnila, Kulchin, Hall and Packard
NOES: None A
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ATTEST: \n
Pdge 4 of Resolution No. 2004-058
(SEAL)
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