HomeMy WebLinkAbout2007-05-08; City Council; Resolution 2007-099Exhibit 4
RESOLUTION NO. 2007-099
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A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, DECLARING
ITS INTENTION TO PROVIDE FOR AN ANNUAL
4 LEVY AND COLLECTION OF ASSESSMENTS IN
5 A SPECIAL ASSESSMENT DISTRICT, AND
SETTING A TIME AND PLACE FOR A PUBLIC
6 HEARING THEREON.
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WHEREAS, the City Council of the City of Carlsbad, California, has previously8
formed a special assessment district pursuant to the terms of the Landscaping andy
10 Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code,
11 commencing with Section 22500), said special assessment district known and
12 designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as
13 the "Assessment District"); and
14 WHEREAS, the Assessment District is an existing assessment district in which
15 assessments are not proposed to be increased, and is exempt from the procedures and
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requirements of all assessments under California Constitution Article XIIID § 5 (a); and
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WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal18
year to provide for the costs and expenses necessary to pay for the maintenance of the1 y
20 improvements within the Assessment District; and
21 WHEREAS, there has been presented and approved by this City Council the
22 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of
23 continuing with the proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all originally
25 designated and authorized improvements, as well as certain new and additional
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improvements.
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Exhibit 4
1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
2 RECITALS
3 SECTION 1. That the above recitals are all true and correct.
4 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
6 and expenses for the maintenance and/or servicing of the improvements for the
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Assessment District, the improvements generally described as follows:
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The maintenance of certain street lighting improvements, street trees, and
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median landscaping improvements, as set forth and described in the Report.
^ The proposed new improvements to be maintained and serviced caused
12 generally by new development are described as follows:
13 The maintenance of certain additional street lighting improvements and
14 additional landscaping improvements, including replacement of street trees and median
15 landscaping improvements, all as set forth and described in the Report, which is hereby
1 fi ordered to be kept on file and open for public inspection in the Office of the City Clerk.
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BOUNDARIES OF ASSESSMENT DISTRICT18
1g SECTION 3. That said improvements are of direct benefit to the properties within
20 the boundaries of the Assessment District, which Assessment District the legislative
21 body previously declared to be the area benefited by the improvement, and for
22 particulars, reference is made to the boundary map as previously approved by the City
23 Council, a copy of which is on file in the office of the City Clerk and open for public
24 inspection, and is designated by the name of this Assessment District.
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Exhibit 4
. ! REPORT OF ENGINEER
2 SECTION 4.
3 A. That the Report, as preliminarily approved by this legislative body, is on
4 file with the City Clerk and open for public inspection. Reference is made to the Report
5 for a full and detailed description of the improvements to be maintained, the boundaries
6 of the Assessment District and any zones therein, and the proposed assessments upon
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assessable lots and parcels of land within the Assessment District.
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B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and
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Median Landscaping Improvement Zone assessments are to remain the same as the
, 1 previous year and all new assessments added to the tax roll will be calculated at the
12 same unit rates as the previous year.
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14 PUBLIC HEARING
15 SECTIONS. Notice is hereby given that a public hearing is scheduled in the
"1 R regular meeting place of the City Council, being the Council Chambers, City Hall, on the
17 following date and time:
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Tuesday, July 10, 2007, at 6:00 p.m.
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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.
22 Any persons who wish to object to the proceedings or the annual levy should file a
23 written protest with the City Clerk prior to the time set for the public hearing. If there is a
24 majority protest against the levy of an annual assessment that is increased from the
25 previous year, the proposed increase in the assessments shall be abandoned. A
Pfi majority protest exists if, upon the conclusion of the hearing, written protests filed and
27 not withdrawn, represent property owners owning more than 50% of the assessable
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area of land within the District.
Exhibit 4
- NOTICE• i
2 SECTION 6. That the City Clerk is hereby authorized and directed to give notice
3 as required by law by causing a copy of this Resolution to be published in a newspaper
4 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.
6 PROCEEDINGS INQUIRIES/PROTESTS
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SECTION 7. For any and all information relating to these proceedings, including
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information relating to protest procedure, your attention is directed to the person
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designated below:10
JOAN E. COX
ASSESSMENT ENGINEER
-12 HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 337
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Owners of property within the Assessment District may mail written protests to
I O
16 the following address:
17 CITY CLERK
CITY OF CARLSBAD
18 1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, City Clerk J
(SEAL)