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HomeMy WebLinkAbout1978-05-02; City Council; 5283-3; La Costa Maintenance DistrictCITY OF CARLSBAD _\t- AGENDA BILL NO. ^"£$3~ ^dtt^jQ^u^ -3 Initial- ^Tr ~~***a^ - May 2, 1978 .C. Atty. /s/ DEPARTMENT; CITY MANAGER _ c. Mgr. P Subject: LA COSTA MAINTENANCE DISTRICT Statement of the Matter As indicated in the Resolution of Intention, a public hearing is to be held at this time to hear protests and objections to the formation of the La Costa Maintenance District. If during the public hearing, the Council desires to make modifi- cations to the staff recommendations, it may be desirable to continue the public hearing. The Council may, during the course or upon the conclusion of the hearing, order changes in any of the matters provided in the Engineer's report; including changes in the maintenance proposed, the boundaries of the proposed district, or the proposed assessment. Following the public hearing, the Council may make a determination regarding the formation of the proposed district and the levying of an assessment. Exhibit Exhibit 1 - Resolution No. .^V/> / -~ A/*7~ Recommendation Conduct the Public Hearing as provided in the Resolution of Intention. Council action 5-2-78 By motion of the Council it was agreed that the formation of the La Costa Maintenance District be abandoned. EXHIBIT 1 RESOLUTION NO.5401 RESOLUTION OF THE -CITY COUNCIL ORDERING MAINTENANCE WORK AND THE FORMATION OF A MAINTENANCE DISTRICT AND CONFIRMING A DIAGRAM AND ASSESSMENT. CITY OF CARLSBAD WHEREAS, this City Council formation of a maintenance di provisions of the "Landscfa Part 2 of Division State of California district known and df&s (hereina proceedings for the ct pursuant to the terms and ng and Lighting Act of 1972", being treets and Highways Code of the landscaping and lighting maintenance nated as LA COSTA MAINTENANCE DISTRICT referred to as the "Maintenance District"); and, WHEREAS, this City Council has ordered the preparation of a "Report", and the City Engineer has prepared and filed with this City Council a "Report" pursuant to law for its consideration, and subsequently thereto this City Council did adopt its Resolu- tion of Intention to Order the Formation of said Maintenance District, to levy and collect the assessments, and to carry on all other proceedings necessary for the formation of said Main- tenance District, and, further, did proceed to give notice of the time and place for Public Hearing on the question of the formation of the Maintenance District and the levy of the pro- posed assessment; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with the formation of said Maintence District. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. SECTION 2, SECTION 3. That upon the conclusion of the Public Hearing, written protests filed and not withdrawn did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within the Maintenance District. That this City Council hereby orders the improve- ments and maintenance work to be done as set forth in the Engineer's "Report" and Resolution of Inten- tion No. _537Q i and orders the formation of the Maintenance District as shown and set forth and described in said "Report" and Resolution of Intention. SECTION 4, SECTION 5. SECTION 6. SECTION 7. SECTION 8, SECTION 9. SECTION 10. That the diagram and assessment as set forth and contained in said "Report" are hereby confirmed and adopted by this City Council. That the adoption of this Resolution constitutes the levy of the maintenance assessment for the fiscal year commencing July 1, 1973 , and ending June 30, 1979 » That the estimates of costs, the assessment diagram, the assessments, and all other matters, as set forth in the Engineer's "Report", pursuant to said "Land- scaping and Lighting Act of 1972", as submitted, are hereby approved, adopted by this City Council, and hereby confirmed. That the maintenance works of improvement contem- plated by the Resolution of Intention shall be per- formed pursuant to law, and the County Auditor shall enter on the County Assessment Roll the amount of the assessment, and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the'net amount of the assessment shall be paid to the City.Treasurer of said City. That the City Treasurer shall herewith establish a special fund known as the "FUND FOR LA COSTA . MAINTENANCE DISTRICT" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the pro- visions of this Resolution and law, and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment roll with the County Auditor, together with a certi- fied copy of this Resolution upon its adoption. That a certified copy of the assessment and diagram shall be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. APPROVED and ADOPTED this day of MAYOR CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA -2-