HomeMy WebLinkAbout2007-04-24; City Council; Resolution 2007-091Exhibit 1
RESOLUTION NO. 2007-091
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3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ORDERING THE
4 ANNEXATION OF TERRITORY TO STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 2, ZONE 9, AND
CONFIRMING THE LEVY OF ASSESSMENTS THEREIN
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
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undertaken proceedings to form and did form a special maintenance district and to
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1Q authorize the levy of assessments therein to finance the annual maintenance and
11 servicing of certain landscaping and lighting improvements described in Exhibit A
12 attached hereto and incorporated herein by this reference (the "Improvements")
13 pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15,
14 Part 2 of the Streets and Highways Code of the State of California (the "Landscaping
15 Act"), Article XIIID of the Constitution of the State of California ("Article XIIID") and the
16 Proposition 218 Omnibus Implementation Act (Government Code Section 53750 and
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following) (the "Implementation Act") (the Landscaping Act, Article XIIID and the
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Implementation Act may be referred to collectively herein as the "Assessment Law"),19
such special maintenance district known and designated as STREET LIGHTING AND
21 LANDSCAPING DISTRICT NO. 2, ZONE 11, (the "Maintenance District"); and
22 WHEREAS, the provisions of Article 2 of Chapter 2 of the Landscaping Act
23 authorize and establish procedures for the annexation of territory to the Maintenance
24 District; and
25 WHEREAS, Section 22608 of the Landscaping Act provides that the
26 requirements of the Landscaping Act for the preparation of resolutions, an Engineer's
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Report, the notice of a public hearing to consider such annexation, the conduct of such
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a public hearing and the right of majority protest may be waived with the written consent
Exhibit 1
1 of all owners of property within the territory proposed to be annexed to the Maintenance
2 District; and
3 WHEREAS, Article XIIID and the Implementation Act also establish certain
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procedural requirements that must be followed in order to authorize the levy
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assessments within territory annexed to the Maintenance District; and
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WHEREAS, the owners (each, an "Owner" and collectively, the "Owners") of the
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properties identified in Exhibit B attached hereto and incorporated herein by this8
g reference (each, a "Property" and collectively, the "Territory") have entered into
10 separate "Agreements Regarding Annexation of Certain Real Property to Street
11 Lighting and Landscaping District No. 2 of the City of Carlsbad and Approval of the
12 Levy of Assessments on Such Real Property" (each, an "Annexation Agreement"); and
13 WHEREAS, by entering into such Annexation Agreements, each of the Owners
14 represented that such Owner desires that the Property owned by such Owner within the
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Territory be annexed to the Maintenance District and that Maximum Annual
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Assessment as set forth in Exhibit C attached hereto and incorporated herein by this
reference be authorized to be levied against such Property; and18
19 WHEREAS, by entering into such Annexation Agreements and submitting the
20 assessment ballots contained in such Annexation Agreements, each of the Owners has
21 acknowledged the rights that such Owner has under the Assessment Law related to the
22 annexation of such Owner's Property to the Maintenance District and the levy of
oq assessments on such Property and each such Owner has knowingly, intelligently,
24 voluntarily and irrevocably:
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A. Waived any and all of the procedural requirements as prescribed in the
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Landscaping Act to the annexation of such Owner's Property to the Maintenance
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District;28
Exhibit 1
1 B. Expressly consented to the annexation of such Owner's Property to the
2 Maintenance District;
3 C. Waived any and all of the procedural requirements as prescribed in the
4 Landscaping Act and/or Article XIIIA applicable to the authorization to levy the
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Maximum Annual Assessment against such Owner's Property;
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D. Declared such Owner's support for, consent to and approval of the
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authorization to levy the Maximum Annual Assessment against such Owner's Property;8
E. Declared such Owner's support for, consent to and approval of they
10 adjustment in the Maximum Annual Assessment for inflation pursuant to the formula set
11 herein below; and
12 F. Waived protest, complaint or legal action of any nature whatsoever
13 pertaining to the annexation of such Owner's Property to the Maintenance District
14 and/or to the levy of the Maximum Annual Assessment against such Owner's property;
15 and
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WHEREAS, this City Council now desires to annex the Territory to the
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Maintenance District and confirm the levy of assessments against the Properties within
, Q the Territory,i y
20 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
21 Carlsbad, California, as follows:
22 1. Recitals. The above recitals are all true and correct.
23 2. Findings and Determinations. This City Council hereby finds and
24 determines as follows:
25 A. Each of the Owners has expressed such Owner's desire that such
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Owner's Property within the Territory be annexed to the Maintenance District.
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Exhibit 1
1 B. Each of the Owners has waived all procedural requirements under
2 the Assessment Law applicable to the annexation of such Owner's Property to the
3 Maintenance District.
4 C. Each of the Owners has declared such Owner's support for the levy
5 of annual assessments on such Owner's Property in amounts not to exceed the
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Maximum Annual Assessment and the adjustment of the Maximum Annual Assessment
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by the increase for the cost of living each year according to the change in the8
g Consumer Price Index for the San Diego County area.
10 D. The Maximum Annual Assessments proposed to be authorized to
11 be levied on each Property within the Territory shall not exceed the reasonable cost of
12 the proportional special benefit on each such Property conferred by the Improvements.
13 E. The proportionate special benefit derived by each individual
14 Property assessed has been determined in relationship to the entirety of the cost of the
15 maintenance of the Improvements.
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F. Only the special benefits have been assessed.
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G. There are no publicly owned parcels within the Territory.18
3. Annexation. This City Council hereby orders the annexation of the
20 Territory to the District.
21 4. Lew of Assessments. This City Council hereby confirms the levy of
22 annual assessments against the lots and parcels within the Territory in amounts not to
23 exceed the applicable Maximum Annual Assessment.
24 The Maximum Annual Assessments will be increased each Fiscal Year without
25 further compliance with the assessment ballot procedures required under the
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Assessment Law by the annual increase in the Consumer Price Index (CPI), during the
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preceding year ending in March, for All Urban Consumers for the San Diego County
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area.
Exhibit 1
1 5. Ordering of Maintenance. The public interest and convenience requires,
2 and this legislative body does hereby order the maintenance of the Improvements be
3 made and performed as said maintenance work is set forth in Exhibit A hereto.
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6. Filing with City Clerk. The above-referenced diagram and assessment
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shall be filed in the Office of the City Clerk. Said diagram and assessment, and the
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certified copy thereof, shall be open for public inspection.
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7. Effective Date. This Resolution of Intention shall take effect immediately
Q upon its adoption,y
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 24th day of April 2007, by the following vote:
AYES: Council Members Lewis, Kulchin, Hall, Packard, Nygaard
NOES: None
ABSENT: None
ATTEST:
RRAINE M/tyOOD,u