HomeMy WebLinkAbout2012-05-22; City Council; Resolution 2012-112Exhibit 4
1 RESOLUTION NO. 2012-112
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
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7 WHEREAS, the City Council of the City of Carisbad, California, has previously
8 formed a special assessment district pursuant to the terms of the Landscaping and
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
designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as
the "Assessment District"); and
WHEREAS, the Assessment District is an existing assessment district in which
assessments are not proposed to be increased as defined by Article XIIID of the
15 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
year to provide for the costs and expenses necessary to pay for the maintenance of the
improvements within the Assessment District; and
WHEREAS, there has been presented and approved by this City Council the
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
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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.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are ail true and correct.
SECTION 2. That the public interest and convenience requires, and it is the
g intention of the City Council to levy and collect assessments to pay the annual costs and
10 expenses for the maintenance and/or servicing of the improvements for the Assessment
11 District, the improvements generally described as foilows:
12 The maintenance of certain street lighting improvements, street trees, and
^3 median landscaping improvements, as set forth and described in the Report.
The proposed new improvements to be maintained and serviced caused
generally by new development are described as follows:
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
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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
particulars, reference is made to the boundary map as previously approved by the City
Council, a copy of which is on file in the office of the City Clerk and open for public
inspection, and is designated by the name ofthis Assessment District.
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3H
Exhibit 4
1 REPORT OF ENGINEER
2 SECTION 4.
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A. That the Report, as preliminarily approved by this legislative body, is on file
with the City Clerk and open for public inspection. Reference is made to the Report for a
full and detailed description ofthe improvements to be maintained, the boundaries ofthe
Assessment District and any zones therein, and the proposed assessments upon
assessable lots and parcels of land within the Assessment District.
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g B. The Assessment District is an existing assessment district in which
10 assessments are not proposed to be increased as defined by Article XIIID of the
11 California Constitution (Proposition 218) and the Proposition 218 Omnibus
12 Implementation Act.
^3 PUBLIC HEARING
SECTION 5. Notice is hereby given that a public hearing is scheduled in the
regular meeting place of the City Council, being the Council Chambers, City Hall, on the
following date and time:
Tuesday, June 26, 2012, at 6:00 p.m.
At that time this legislative body will hear protests or objections in reference to the
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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
exists if, upon the conclusion of the hearing, written protests filed and not withdrawn,
represent property owners owning more than 50% of the assessable area of land within
the District.
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Exhibit 4
NOTICE
SECTION 6. That the City Clerk is hereby authorized and directed to give notice
as required by law by causing a copy of this Resolution to be published in a newspaper
of general circulation within the City of Carisbad, said publication to be completed not
less than ten (10) days prior to the date set for the public hearing.
PROCEEDINGS INQUIRIES/PROTESTS
SECTION 7. For any and ali information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person
designated below:
DENNIS A. ANDERSON
ASSESSMENT ENGINEER
HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 2334
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
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council
of the City of Carisbad on the 22""^ day of May, 2012, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
None.
ABSENT: None.
MATT HALL, Mayor
ATTEST:
RRAINE M. WOOD, City Clerk
(SEAL)