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Home My WebLink About2006-05-09; City Council; Resolution 2006-118Exhibit 4 RESOLUTION NO. 2006-118 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY 3 OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY 4 AND COLLECTION OF ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT, AND SETTING A TIME AND 5 PLACE FOR A PUBLIC HEARING THEREON. 6 WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a 7 special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972, 8 (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500), 9 said special assessment district known and designated as Street Lighting and Landscaping 10 District No. 1 (hereinafter referred to as the "Assessment District"); and 11 WHEREAS, the Assessment District is an existing assessment district in which 12 assessments are not proposed to be increased, and is exempt from the procedures and 13 requirements of all assessments under California Constitution Article XIIID § 5 (a); and 14 WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to 15 provide for the costs and expenses necessary to pay for the maintenance of the improvements 16 within the Assessment District; and 17 WHEREAS, there has been presented and approved by this City Council the Engineer's 18 Report (the "Report"), as required by law, and this City Council is desirous of continuing with the19 proceedings for said annual levy; and20 WHEREAS, the improvements to be maintained shall consist of all originally designated21 and authorized improvements, as well as certain new and additional improvements. NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:23 RECITALS24 SECTION 1. That the above recitals are all true and correct.25 SECTION 2. That the public interest and convenience requires, and it is the intention of26 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: Page 2 of Resolution No. Exhibit 4 The maintenance of certain street lighting improvements, street trees, and median 2 landscaping improvements, as set forth and described in the Report. 3 The proposed new improvements to be maintained and serviced caused generally by 4 new development are described as follows: 5 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. 9 BOUNDARIES OF ASSESSMENT DISTRICT 10 SECTION 3. That said improvements are of direct benefit to the properties within the 11 boundaries of the Assessment District, which Assessment District the legislative body previously 12 declared to be the area benefited by the improvement, and for particulars, reference is made to 13 the boundary map as previously approved by the City Council, a copy of which is on file in the 14 office of the City Clerk and open for public inspection, and is designated by the name of this 15 Assessment District. 16 REPORT OF ENGINEER 17 SECTION 4. 18 A. That the Report, as preliminarily approved by this legislative body, is on file with 19 the City Clerk and open for public inspection. Reference is made to the Report for a full and 20 detailed description of the improvements to be maintained, the boundaries of the Assessment 21 District and any zones therein, and the proposed assessments upon assessable lots and parcels 22 of land within the Assessment District. 23 B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and 24 Median Landscaping Improvement Zone assessments are to remain the same as the previous 25 year and all new assessments added to the tax roll will be calculated at the same unit rates as 26 the previous year. 27 28 Page 3 of Resolution No. Exhibit 4 1 PUBLIC HEARING 2 SECTION 5. Notice is hereby given that a public hearing is scheduled in the regular 3 meeting place of the City Council, being the Council Chambers, City Hall, on the following date 4 and time: 5 Tuesday, June 13, 2006, 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 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 11 assessments shall be abandoned. A majority protest exists if, upon the conclusion of the 12 hearing, written protests filed and not withdrawn, represent property owners owning more than 13 50% of the assessable area of land within the District. NOTICE 15 SECTION 6. That the City Clerk is hereby authorized and directed to give notice as 15 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 (10) days prior to the date set for the public hearing. 19 PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including 21 information relating to protest procedure, your attention is directed to the person designated 22 below: 23 JOAN E. COX ASSESSMENT ENGINEER 24 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 337 25 /// 26 /// 27 28 35 Page 4 of Resolution No..Exhibit 4 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 Owners of property within the Assessment 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 9th day of May , 2006 by the following vote, to wit: AYES' Council Members Lewis, Hall, Kulchin, Packard, Sigafoose NOES: None ABSENT:None ATTEST: IHI/;, LORRAINE M. WOOD, City Clerk 33£!!»>.^crK.^cv?.'' VO^SHSHP-:^? (SEAL)