HomeMy WebLinkAbout2011-05-24; City Council; Resolution 2011-102Exhibit 1
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RESOLUTION NO. 2011 -102
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A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD, CALIFORNIA, INITIATING
PROCEEDINGS FOR THE ANNUAL LEVY OF
4 ASSESSMENTS AND ORDERING THE
5 PREPARATION OF AN ENGINEER'S REPORT FOR A
SPECIAL ASSESSMENT DISTRICT
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7 WHEREAS, the City Council of the City of Carlsbad, California previously formed
8 a special assessment district pursuant to the terms of the Landscaping and Lighting Act
9 of 1972, (Division 15, Part 2 of the State Streets and Highways Code, commencing with
10 Section 22500), the special assessment district is known and designated as Street
11 Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment
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District"); and
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WHEREAS, the Assessment District is an existing assessment district in which14
assessments are not proposed to be increased as defined by Article XIIID of the
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California Constitution (Proposition 218) and the Proposition 218 Omnibus
17 Implementation Act, and is therefore exempt from the procedures and requirements
18 pursuant to California Constitution Article XIIID § 5 (a); and
19 WHEREAS, the City Council wishes to initiate proceedings to provide for the
20 annual levy of assessments for the next ensuing fiscal year to provide for the annual
21 costs for maintenance of improvements defined as existing street lighting, median
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landscaping and street trees ("Improvements"), within the Assessment District.
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NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS25
SECTION 1. That the above recitals are true and correct.
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Exhibit 1
1 DECLARATION OF INTENTION
2 SECTION 2. That the public interest and convenience requires, and it is the
intention of this legislative body to levy and collect assessments to pay the annual costs
4 and expenses for the maintenance and/or servicing of the Improvements for the
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Assessment District, with 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 Engineer's Report8
(the "Report") attached as Exhibit 2 and incorporated herein by this reference. They
10 proposed new improvements to be maintained and serviced caused generally by new
11 development within the Assessment District are described as follows:
12 The maintenance of certain additional street lighting improvements and additional
^3 landscaping improvements, including replacement of street trees and median
14 landscaping improvements, all as set forth and described in the Report.
15 REPORT OF ENGINEER
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SECTION 3. That the Improvements are hereby referred to Harris & Associates,
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who is hereby directed to make and file the Report generally containing the following:
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A. Plans and specifications describing the general nature, location and extenti y
20 of the Improvements within the Assessment District;
21 B. A diagram for the Assessment District, showing the area and properties
22 proposed to be assessed;
23 C. An estimate of the cost of the maintenance and/or servicing of the
24 Improvements for the Assessment District for the Fiscal Year 2011-12;
25 D. An assessment of the estimated costs of the maintenance and/or
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servicing, assessing the net amount upon all assessable lots and/or parcels within the
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Assessment District in proportion to the benefits received.
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Exhibit 1
1 That upon completion of the Report, the original shall be filed with the City Clerk,
2 who shall then submit the same to the City Council for its immediate review and
consideration which is hereby ordered to be kept on file and open for public inspection
4 in the Office of the City Clerk.
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FISCAL YEAR
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SECTION 4. That the Report shall include all costs and expenses of said
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maintenance and/or servicing relating to the fiscal year commencing July 1, 2011 and8
g ending June 30, 2012.
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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 May , 2011, by the following vote to wit:
AYES: Council Members Hall, Kulchin, Blackburn, Douglas, Packard.
NOES: None.
ABSENT: None.
MATTHALL, Mayor
ATTEST:
(SEAL)
INE M. WOOD, City Clerk
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