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HomeMy WebLinkAbout2015-06-09; City Council; Resolution 2015-131EXHIBIT 4 2015-131 1 RESOLUTION NO. 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN 4 ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN LIGHTING AND LANDSCAPING DISTRICT NO. 1, A SPECIAL ASSESSMENT 5 DISTRICT AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 6 7 8 9 JQ (Division 15, Part 2 ofthe State Streets and Highways Code, commencing with Section 22500), 11 said special assessment district known and designated as Street Lighting and Landscaping 19 District No. 1 (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, and is exempt from the procedures and requirements of all assessments under California Constitution Article XIIID § 5 (a); and WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972, 13 14 15 16 \j WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to 18 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 19 20 21 22 22 proceedings for said annual levy; and 24 WHEREAS, the improvements to be maintained shall consist of all originally designated 25 and authorized improvements, as well as certain new and additional Improvements 26 27 28 4( California as follows: 1. That the above recitations are true and correct. 2. That the public interest and convenience requires, and it is the intention of the City 1 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, 2 3 4 5 g Council to levy and collect assessments to pay the annual costs and expenses for 7 the maintenance and/or servicing of the improvements for the Assessment 8 District, the improvements generally described as follows: the maintenance of 9 certain street lighting improvements, street trees, and median landscaping 10 improvements, as set forth and described in the Report. The proposed new 11 improvements to be maintained and serviced caused generally by new j3 development are described as follows: the maintenance of certain additional street 14 lighting improvements and additional landscaping improvements, including 15 replacement of street trees and median landscaping improvements, all as set forth and described in the Report, which is hereby ordered to be kept on file and open 17 for public inspection in the Office ofthe City Clerk 18 3. That said improvements are of direct benefit to the properties within the 2Q 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 23 City Council, a copy of which is on file in the office of the City Clerk and open for 24 public inspection, and is designated by the name of this Assessment District. 25 26 27 28 1 4. 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 of the improvements to be maintained, the boundaries of the Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment 3 4 5 6 7 District. All Street Lighting Improvement Zone, Street Tree Improvement Zone and 8 Median Landscaping Improvement Zone assessments are to remain the same as the previous year and all new assessments added to the tax roll will be calculated at the same unit rates as the previous year. 5. Notice is hereby given that a public hearing is scheduled in the regular meeting 9 10 11 12 j3 place ofthe City Council, being the Council Chambers, City Hall, on the following 14 date and time: 15 Tuesday, July 14,2015, at 6:00 p.m, At that time this legislative body will hear protests or objections in reference to 17 the annual levy of assessments and to any other matters contained in this 18 resolution. Any persons who wish to object to the proceedings or the annual 2Q levy should file a written protest with the City Clerk prior to the time set for the 21 public hearing. If there is a majority protest against the levy of an annual 22 assessment that is increased from the previous year, the proposed increase in 23 „ the assessments shall be abandoned. A majority protest exists if, upon the 24 conclusion of the hearing, written protests filed and not withdrawn, represent 25 26 27 28 LIS 1 property owners owning more than 50% of the assessable area of land within the 2 3 4 5 6 7 than ten (10) days prior to the date set for the public hearing. 8 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: 9 10 11 12 13 14 22 23 24 25 26 27 28 District. 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 Carlsbad, said publication to be completed not less DENNIS A. ANDERSON ASSESSMENT ENGINEER HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 15 Owners of property within the Assessment District may mail written protests to 16 the following address: 17 CITY CLERK 18 CITY OF CARLSBAD 19 20 // 21 // 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA 92008 // // // // 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 ofthe City Council ofthe City of Carlsbad on the 9*'' day of June, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. ATTEST: BARBARA ENGLESO^City Clerk (SEAL) S^^Po-^.