Loading...
HomeMy WebLinkAbout2009-05-19; City Council; Resolution 2009-115Exhibit 4 1 RESOLUTION NO. 2009-115 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS 3 INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT, AND SETTING A 5 TIME AND PLACE FOR A PUBLIC HEARING THEREON e" 7 WHEREAS, the City Council of the City of Carlsbad, California, has previously 8 formed a special assessment district pursuant to the terms of the Landscaping and 9 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 11 designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as 12 the "Assessment District"); and 13 WHEREAS, the Assessment District is an existing assessment district in which14 15 assessments are not proposed to be increased as defined by Article XII ID of the 16 California Constitution (Proposition 218) and the Proposition 218 Omnibus 17 Implementation Act, and is exempt from the procedures and requirements of all 18 assessments under California Constitution Article XIIID § 5 (a); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal 20 19 year to provide for the costs and expenses necessary to pay for the maintenance of the 21 improvements within the Assessment District; and 22 WHEREAS, there has been presented and approved by this City Council the 23 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of continuing with the proceedings for said annual levy; and 26 27 28 33 Exhibit 4 1 WHEREAS, the improvements to be maintained shall consist of all originally 2 designated and authorized improvements, as well as certain new and additional improvements. 4 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 5 RECITALS 6 SECTION 1. That the above recitals are all true and correct. 7 SECTION 2. That the public interest and convenience requires, and it is the8 intention of the City Council to levy and collect assessments to pay the annual costs andy 10 expenses for the maintenance and/or servicing of the improvements for the Assessment 11 District, the improvements generally described as follows: 12 The maintenance of certain street lighting improvements, street trees, and 13 median landscaping improvements, as set forth and described in the Report. 14 The proposed new improvements to be maintained and serviced caused 15 generally by new development are described as follows: 16 The maintenance of certain additional street lighting improvements and additional 17 landscaping improvements, including replacement of street trees and median 18 landscaping improvements, all as set forth and described in the Report, which is hereby19 20 ordered to be kept on file and open for public inspection in the Office of the City Clerk. 21 BOUNDARIES OF ASSESSMENT DISTRICT 22 SECTION 3. That said improvements are of direct benefit to the properties within 23 the boundaries of the Assessment District, which Assessment District the legislative body previously declared to be the area benefited by the improvement, and for 25 particulars, reference is made to the boundary map as previously approved by the City 26 Council, a copy of which is on file in the office of the City Clerk and open for public 27 inspection, and is designated by the name of this Assessment District. Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. 3 A. That the Report, as preliminarily approved by this legislative body, is on file 4 with the City Clerk and open for public inspection. Reference is made to the Report for a 5 full and detailed description of the improvements to be maintained, the boundaries of the 6 Assessment District and any zones therein, and the proposed assessments upon 7 assessable lots and parcels of land within the Assessment District. g B. The Assessment District is an existing assessment district in which 10 assessments are not proposed to be increased as defined by Article XII ID of the 11 California Constitution (Proposition 218) and the Proposition 218 Omnibus 12 Implementation Act. 13 PUBLIC HEARING 14 SECTION 5. Notice is hereby given that a public hearing is scheduled in the 15 regular meeting place of the City Council, being the Council Chambers, City Hall, on the 16 following date and time: 17 Tuesday, July 7, 2009, at 6:00 p.m. 18 At that time this legislative body will hear protests or objections in reference to theI y 20 annual levy of assessments and to any other matters contained in this resolution. Any 21 persons who wish to object to the proceedings or the annual levy should file a written 22 protest with the City Clerk prior to the time set for the public hearing. If there is a majority 23 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 25 exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, 26 represent property owners owning more than 50% of the assessable area of land within 27 the District. Exhibit 4 1 NOTICE 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 5 less than ten (10) days prior to the date set for the public hearing. 6 PROCEEDINGS INQUIRIES/PROTESTS 7 SECTION 7. For any and all information relating to these proceedings, including8 information relating to protest procedure, your attention is directed to the persony 10 designated below: 11 JOAN E. COX ASSESSMENT ENGINEER 12 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 233713 14 Owners of property within the Assessment District may mail written protests to 15 the following address: 16 17 CITY CLERK 18 CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE 19 CARLSBAD, CA 92008 20 " 21 " 22 23 24 // 25 // 26 // 27 // 28 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 19th day of May, 2009, by the following vote to wit: AYES: Council Members Lewis, Hall, Packard and Blackburn. NOES: None. ABSENT: Council Member Kulchin. CLAUDE A LEWIS, Mayor ATTEST: LORRAINE M. WOOD, City Clerk' (SEAL)