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Home My WebLink About1985-05-21; City Council; Resolution 8023RESOLUTION JSD. 8023 RESOLUTION OF THE CITY COUNCIL DECLARING ITS IN"TI0N TO ORDER THE -TION QF ADDITIONAL TERRITORY To AN EXISTING DISI'RICT AND To TO JXOVIDE FOR AN ANNUAL LEVY AND COLLEI'ION OF ASSESSMEWIS FOR CEliTAIN €4U"E- "CE IN AN EXISTING DISTRICT, PURSIWNT TO THE FROVISIONS OF DECISION 15, PART 2 OF THE STRFEI'S AND HIGMAm CODE OF THE STm OF' cAL;LFORNIA, AND SETTING A TIME AND PLACE FOR PUBUC HEARING THEREON WHEREAS, the CITY COUNCIL of the CITY CF cAIu;sBAD, CALIFOWIA, has previously formed a street lighting 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 California, in that is ham and designated as CITY m (zAF&sBAD Sm LIWING DISTRICT JSD. 1 (hereinafter referred to as the "District"); and, WHEREAS, at this time, this City Quncil is desirous to take proceedings to provide for the annual levy of assessnents for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, this City Comcil desires to annex certain additional territory to said existing District; and, WHEREAS, one hundred percent (100%) of the property mers in certain of the territory to be annexed have filed a petition requesting such annexation and waiving the filing of an Engineer's "&prt", and further waiving all mice and hearing requirements; and, WHEREAS, at this time there has keen presented and approved by this City cbuncil, the Engineer's "Reprt" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy and annexation. NCW, ?HEREFORE, IT IS HEREBY RESOLVED AS FUXDJS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the public interest and convenience requires, and Page 1 of 5 *. it is the intention of this City Quncil, to undertake proceedings for the annexation of additional territory to the District, and the annual levy and collection of spcial assessments for the continual mintenance of certain improvments, all to serve and benefit said District as said area is sham and delineated on amp as previously approved by this City Quncil and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and mde a part hereof, and proposed changes thereto are set forth in the "F&prt" of the Engineer, incorporated herein as a part hereof. RE" SFCTION 3. That the "&prt" of the Engineer regarding the annual levy for said District, trihid "Report" is for mintenance for the fiscal year 1985-1986, is hereby approved and is directed to be filed in the Office of the City Clerk. ASSESSME" SECTION 4. That the public interest and convenience requires, and it is the intention of this City Quncil to order the annual assessnent levy for the District as set forth and described in said Ehgineer's "F?eport," and further it is determined to be in the best public interest and convenience to levy and collect annual assessnents to pay the costs and expense of said maintenance and hprovment as estimated in said "&prt." DESCRIPTION OF MAINTENANCE SECTION 5. ?he assessments levied and collected shall be for the maintenance of certain street lighting hprovEments, as set forth in the Ehgineer' s I' &port, 'I referenced and so incorporated herein. COUNTY AUDITOR SECTION 6. The County hditor shall enter on the County As sessnent Roll the amount of the assessments, and shall collect said assessnents at the time and in the same mer as County taxes are collected. After collection by the County, the net mount of the assessnents, after the deduction of any cqensation due to the County for collection, shall be paid to the Treasurer for mses of Paying for the costs and expenses of Said District. Page 2 of 5 SPECIAL FUND SFCTION 7. That all mnies collected shall k deposited in a special fund knm as "SPECIAL FUND CITY ol? CARLSBAD STREET LIGEETING DISTRICT ED. 1" Payment shall be mde out of said fund only for the mse provided for in this Resolution, and in order to expedite the mkingof this maintenance and improvement, the City Council my transfer into s funds as it may deem necessary to expedite the proceedings. Any funds shall be repaid outof the proceeds of the assesgnents provided fbr in this Resolution. BouNIxlRIES OF DISTRICT SECTION 8. Said conta-plated mintenance wrk is, in the opinion of this City Quncil, of direct benefit to the properties within the boundaries of the District, and -this City Council des the costs and expenses of said mintenance chargeable upn a district, mi& district said City Council hereby declares to be the district benefited by said improvement and maintenance, and to be further assessed to pay the costs and expenses thereof. Said District shall include each and every parcel of landwithin the boundaries of said District, as said District is sham on amp as approved by this City cbuncil and on file in the Office of the City Qerk, and so designated ky the name of the District. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land knmm as @lit property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Highways code of the State of California, vhich are incl.uded within the boundaries of the District, shall be &tted and exqt fram any assessnent to be mde under these proceedings to cover any of the costs and expenses of said improvement and mintenance wrk . PUBLIC HEXRING 47tl SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, 'IHE 3€@ IXY OF JUNE, 1985, AT THE HOUR CF 6:OO O'CLKK P.M., IX THE RE- MEETING OF THE Page. 3 of 5 4 CITY COUWIL, BEING 'IHE OOUNCIL cEIAM3E€S, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR 'IHE HEARING OF PRWSTS OR OBJEKX'IONS IN 'IO THE ANNUAL LEVY OF ASSES-, '7.0 ?HE EXTENT OF THE ANNEXATION (3' ADDITIONAL TERRITORY, BY THOS PROPERTY CWNERS AE'FECI'ED HEREBY AND ANY (IFHER Mk" C33" IN THIS RESOLUTION. ANY PERSONS WMO WISH TO OB7ECT TO THE EROINGS FOR THE ANNUAL LEVY SJ3OULD FILE A WRITTEN mioTEST WITH THE CITY CLERK PRIOR TO THE TIME SET AND scHEDuL;ED FOR ND PUBLIC HEARING. ?o THE NOTICE SECTION 11. That the City Clerk is hereby authorized and directed to pklish, prsuant to Government Code Section 6061, a copy of this Resolution in the CflRRLSi3149 3PYlih)ftL newspaper of general circulation within said City, said peiblication shall be not less t21an ten (10) days before the date set for said PLZblic Baring. SECTION 12. That the City Clerk is further directed. to cause a copy of the Resolution of Intention to be psted upon the official Uletin board custamarily used for the psting of notices. SECTION 13. That the City Qerk is further directed to mil first class mail, postage prepaid, copies of this Resolutim to all property mers vho m property in the area propsed to be annexed, but who have not petitioned to wive the right to miled notice, as set forth in Section 22557 of the Streets and Highways Code of the State of mlifornia, said miling to be conpleted at least ten (10) days prior to said hearing date. EFFECTIVE DATE -- SECTION 14. That this Resolution shall take effect itmndiately upon its adoption. PROCEE=DINGS INQUIRIES SECTION 15. Fbr any and all information relating to the proceedings, protest procedure, any docunentation and/or information of a procedural or tec'hnical nature, pur attention is directed to the belwlisted person at the local agency or department so designated: Page 4 of 5 Roger W. Greer, Director of Utilities CITY a? c!mLsBAD 1200 Elm Avenue Carlsbad, Qlifomia 92008 (6 19) 4 38-5621 APPROVED and ADOETED this 21st day of May , 1985. CITY OF CSIriLsBAD STATE CE? CALIFORNIA ATTEST: CITY OF cAFu_IsBAD STATE OF CALIE'ORNIA Page 5 of 5 . I 3- n L L STATE OF CALIFORNIA COUHIY OF SAN DIEGO CITY OF CARLSBAD I, IGZI’HA E?Am, CITY CLERK of the CITY OF CARISBAD, CALLFORNIA, Do HEREBY CEKI’IFYthat the foregoing Resolution, being Resolution No. was duly passedr approved and adopted by ~e City Quncil, approved and signed by the byor, and attested 8023 regular meeting of said City Quncil held on the 21st day of May the City Clerk, all at the , 1985, and that the same was passed and adopted by the follming vote : AYES : COUNCILMEMBERS Casler, Lewis, Kulchin, Chick and. Pettine NOES : COUNCILMEMBERS None , 1985, at CARLSBAD, MEO this 22nd day of May Ca 1 if ornia . CITY CLERK CITY OF CARISBAD STATE OF CALIFOR” I‘