HomeMy WebLinkAbout1983-07-05; City Council; Resolution 72811
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RESOLUTION No. 7281
RESOLUTION OF THE CITY COUNCIL DECLARING
ITS ImION TO PROVIDE FOR AN ANNUAL LEVY AND
COLLECTIaJ OF ASSESSMEWE FOR CERTAIN MAINTE-
NANCE IN AN MISTING DISTRICT, PURSUANT XI
THE PROVISIONS OF DIVISION 15, PAF?T 2 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF
PUBLIC HEARING "HEREON
CALIFORNIA, AND SETTIN2 A TIME AND PLACE FOR
WHEREAS, the CITY COUNCIL of the CITY OF CARbSBAD, CALIFORNIA, has
previously formed a street lighting and landscaping district pursuant to the
terms and provisions of the "Landscaping and Lighting Act of 1972", being
Division 15, Part 2 of the Streets and Highways Code of the State of
Zalifornia, in what is known and designated as
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1
(hereinafter referred to as the "District"); and,
WHEREAS, at this time, this City Council is desirous to take
?roceedings to provide for the annual levy of assessments for the next ensuing
fiscal year, to provide for the costs and expenses necessary for continual
naintenance of improvements within said District; and,
WHEREAS, at this time there has been presented and approved by this
Xty Council, the Engineer's "Report" as required by law, and this City
Zouncil is desirous of proceeding with the proceedinqs for said annual levy.
Now, THEREFORE, IT IS HEREBY RESOLVED AS FOLLDWS:
SECTION 1. That the above recitals are all true and correct.
PUBLIC INTEREST
SECTION 2. That the public interest and convenience requires, and
it is the intention of this City Council, to undertake proceedings for the
mnual levy and collection of special assessments for the continual
naintenance of certain improvements, all to serve and benefit said District as
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said area is shown and delineated on a map as previously approved by this City
Council and on file in the Off ice of the City Clerk, open to public
inspection, and herein so referenced and made a part hereof, and proposed
changes thereto are set fort? in the "Report" of the Engineer, incorporated
herein as a part hereof.
REPORT
SECTION 3. That the "Report" of the Engineer regarding the annual
levy for said District, which "Report" is for maintenance for the fiscal year
1983-1984, is hereby approved and is directed to be filed in the Office of the
City Clerk.
ASSESSMENT
SECTION 4. That the public interest and convenience requires, and
it is the intention of this City Council to order the annual assessment levy
for the District as set forth and described in said Engineer's "Report", and
further it is determined to be in the best public interest and convenience to
levy and collect annual assessments to pay the costs and expenses of said
maintenance and improvement as estimated in said "Report".
DESCRIPTION OF MAINTENANCE
SECTION 5. The assessments levied and collected shall be for the
maintenance of certain improvements, as set forth in the Engineer's "Report" ,
referenced and so incorporated herein.
COUNTY AUDITOR
SECTION 6. The County Auditor shall enter on the County Assessment
Roll the amount of the assessments, and shall collect said assessments at the
time and in the same manner as County taxes are collected. After collection
by the County, the net amount of the assessments, after the deduction of any
compensation due to the County for collection, shall be paid to the Treasurer
or purposes of paying for the costs and expenses of said District.
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SPECIAL FUND
SECTION 7. That all monies collected shall be deposited in a
qxxial fund known as
"SPECIAL FmD
CITY OF CARLSBAD
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1"
Payment shall be made out of said fund only for the purpse provided for in
this Resolution, and in order to expedite the making of this maintenance and
improvement, the City Council may transfer into said special. fund, frm any
wailable source, such funds as it may deem necessary to expedite the
yoceedings.
?rmided for in this Resolution.
Any funds shall be repaid out of the proceeds of the assessments
BOUNDARIES OF DISTRICT
SECTION 8. Said contemplated maintenance work is, in the opinion of
this City Council, of direct benefit to the properties within the boundaries
2f the District, and this City Council makes the costs and expenses of said
naintenance chargeable upon a district, which district said City Council
iereby declares to be the district benefited by said improvement and
naintenance, and to be further assessed to pay the costs and expenses thereof.
Said District shall include each am3 every parcel of land within the
boundaries of said District, as said District is shown on a map as apprmed by
this City Council ad on file in the Office of the City Clerk, and so
designated by the name of the District.
PCTBLIC PROPERTY
SECTION 9.
the same are defined in Section 22663 of Division 15, Part 2 of the Streets
and Highways Code of the State of California, which are included within the
boundaries of the District, shall be omitted and exempt frm any assessment to
be made under these proceedings to cover any of the costs and expenses of said
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Any lots or parcels of land known as public property, as
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improvement and maintenance work.
PUBLIC HEARING
SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 19TH DAY OF
JULY, 1983, AT THE HOUR OF 6:OO O'CLOCK PA., IN THE RM;ULAR MEETING OF THE
CITY COUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TIME AND PLACE FIXED By THIS
CITY 0XI"IL FOR THE HEARING OF PROTESTS OR OEUECTIONS IN REFERENCE 'ID THE
ANNUAL LEVY OF ASSESSMENTS, 'IO THE EXTENT OF THE MAINTENANCE, AND ANY OTHER
MATTERS C€)NTAINED IN THIS RESOLUTION. ANY PERSONS MHO WISH ?o WECT To THE
PFXICEEDINGS FOR THE ANNUAL LEW SHOUID FILE A WRITI" PFXXESI! WITH THE CITY
CLERK PRIOR 'IO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARING.
NOTICE
SECTION 11. mat the City Clerk is hereby authorized and directed to
publish a copy of this Resolution in the
of general circulation within said City, said publication shall be not less
than ten (10) days before the date set for said Public Hearing.
CiizWsBAD JOURNAL , a newspaper
EFFECTIVE DATE
SECTION 12. That this Resolution shall take effect immediately upon
its adoption.
PROCEEDINGS INQUIRIES
SECTION 13. For any and all information relatirq to the
proceedings, protest procedure, any documentation and/or information of a
procedural or technical nature, your attention is directed to the below listed
person at the local agency or department so designated:
Roger W. Greer
Director of Utilities
CITY OF CARLSBAD 1200 Elm Avenue
Carlsbad, California 92008
( 619 ) -438-5604
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ATTEST:
PASSED, APPFOVED and AIX" this 5th day of July , 1983.
CITY OF &USBAD
STATE OF CALIFORNIA
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CITY OF CARLSBAD
STATE OF CAL,IFYX?"A