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HomeMy WebLinkAbout1986-05-13; City Council; Resolution 8559... RFSOIIlTION NO. 8559 RESOLxrrION OF THE CITY COUNCIL DEcL31RING ITS INTENTION TO ORDER THE ANNEXATION OF ADDITIOW TEBRITORY TO AN EXISTING DISTRICT AND TO TO PROVIDE FOR AN ANNUAL LlFw AND COU_IECTION OF ASSESSMENTS FOR (XRTAIN MAINTE- NANU3 IN AN EXISTING DISTRICT, PURSUANT TO THE PROVISIONS OF DECISION 15, PAKC 2 OF THE STREEK AND HI-YS CODE OF THE STATl3 OF CALIFORNIA, AND SEXIT" A TIME AND PIACE FOR HiBIJcC HEARING THEREKIN WHEBEX, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has previously formed a street lighting district pursuant to the terms and provisions of the t%andscaping and Lighting Act of 1972It, being Division 15, Part 2 of the Streets and Highways Code of the State of California, in that is knm and designated as CITY OF CEiRLSBaD STREET LII-G DISTRICT NO. 1 (hereinafter referred to as the tfDistrictfl) ; and, WHEREAS, at this time, this City Council is desirous to take proceedings to provide for the annual levy of assessments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of hprovexnents within said District; and, WHEREAS, this City Council desires to annex certain additional territory to said existing District; and, WHEREAS, one hundred percent (100%) of the property owners in certain of the territoryto be annexed have filed a petition requesting such annexation and waiving the filing of an Ehgineer's %qxrtfl, and further waiving all notice and hearing requirements; and, WHEREAS, at this tins there has been presented and approved by this City Council, the Engineer's lfReportlt as required by law, and tkis City Council is desirous of proceSahg with the prcxeedings for said annual levy and annexation. NOW, THEREXIRE, IT IS =BY RESOLVED AS F0L;UTwS: SECTION 1. That the abave recitals are all true and correct. FUBLXC INTEZEST SECTION 2. That the public interest and convenience requires, and Page 1 of 5 .. it is the intention of this City council, to undertake proceedings for the annexation of additional territory to the District, and the annual levy and collection of special assessments for the continual maintenance of certain hprovements, all to serve and benefit said District as said area is shown and delineated on a map as previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof, and proposed changes thereto are set forth in the llRepoztll of the mgineer, incorporated herein as a part hereof. RE" SECMON 3. That the llReportfl of the Engineer regarding the annual levy for said District, which %ep~rt~~ is for maintenance for the fiscal year 1986-1987, is hereby approved and is directed to be filed in the Office of the City Clerk. ASSES= SECTION 4. That the public interest and comenh~ce 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 EngineerIs IIRep~rt,~~ 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 expense of said maintenance and hp"ent as estimated in said llReport.~i DESCRIPTION OF MAINTENANCE SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting improvanents, as set forth in the Ehgineerls llReport,ll 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 cor?pensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the costs and expenses of said District. Page 2 of 5 SPECIAL FUND SECTION 7. special fmd laawn as That all monies collected shall be deposited in a "SPECIAL FUND CITY OF CAFUSBAD STEEEI' LEH"G DISTRICT NO. 1" Payment shall be made out of said this Resolution, and in order to expedite the mdking of this maintenance and improvement, the City Council may transfer into said funds as it may deem necessary to expedite the proceedings. only for the purpose provided for in Any funds shall be repaid out of the proceeds of the assessments provided for in this Resolution. BWNDARIES OF DISTRICT SECTION 8. Said contenplatedlnaintenan~ work is, in the opMon of this City Council, of direct benefit to the properties within the boundaries of the District, and this City Council makes the costs and expenses of said maintenance chargeable upon a district, which 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 land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the District. mLrc mm SECTION 9. Any lots or parcels of land known as public 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, which are included within the boundaries of the District, shall be dtted and exempt frcmt any assessment to be made under these proceedings to cover any of the costs and ves of said ~menmt and maintenance work. FUBLIC HEARING SECTION 10. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 3RD DAY OF JUNE, 1986, AT THE HOUR OF 6:OO O1cLIxK P.M., IN THE REGULARMEETING OF THE Page 3 of 5 c CITY COUNCIL, BEZ" THE OOUNCIL m, IS THE TIME AND PL&X FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR 0BJEC"S IN REFXW" TO THE ANNUAL L;Ew OF ASSESSMESITS, TO THE EXTENT OF THE IQGXEW", TO THE ANNEXATION OF ADDITIONAL TERRITORY, By THOSE PROPERTY OWNERS AFFEcIlED HEREBY AND ANY OTHER MATERS c0"ED IN THIS RESOWTION. ANY PERSONS WHO WISH TO OBSECT TO THE FIXXXEDINGS FOR TEE ANNUAL WITH 'ME CITY CURK PRIOR TO THE TIME SET AND SCHEDULED FOR SAID PUBLIC HEARLNG. SHOULD FILE A WRIm PROTEST "ICE SECTION 11. That the City Clerk is hereby authorized and directed to publish, pursuant to Government Code Section 6066, a com of this Resolution in the Carlsbad Journal , newspaper of general circulation within said City, said publication shall be not less than ten (10) days before the date set for said public Hearhq. SECTION 12. That the City Clerk is further directed to cause a copy of the Resolution of Intention to be posted upon the official bulletin board customarily used for the posting of notices. SECMON 13. That the City Clerk is further directed to mail by first class mail, postage prepaid, copies of this Resolution to all property owners who own property in the area proposed to be annexed, but who have not petitioned to waive the rishtto mailed notice, as Set forth in Section 22557 of the Streets and Highways Code of the State of California, said mailing to be mnpleted at least ten (10) days prior to said hearing date. EFFECITVE DATE SE~ON 14. That this Resolution shall take effect immediately upon its adoption. PROCEEDINGS INQUIFUES SECTION 15. For any and all information relating to the proceedings, protest prccedure, any docurnentation and/or bfonnation of a procedural or technical nature, your attention is directed to the below listed person at the local agency or department so designated: Page 4 of 5 mer W. Greer, Director of Utilities CITY OF CAfCrsBAD 1200 Elm Avenue Carlsbad, California 92008 (619) 438-5621 CI’IY OF 6AJXSBAD STATE OF CALIFORNIA CITY OF cARLSBAD sTAm OF ~FORNIA Page 5 of 5 STATE OF CALIFORNIA “TY OF SAN DIEGO CITY OF CARISBAD I, zU.EIl% RAUTENKRANZ, CITY CLEXK of the CITY OF CXUSBAD, CALIFORNIA, Do HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 8559 was duly passed, approved and adopted by the City Council, approved and signed by the Mayor, and attested by the City Clerk, all at the regular meeting of said City Council held on the 13th day of Map 1986, and that the same was passed and adopted by the following vote: AYES: CoUNcI- Casler, Lewis, Kulchin, Chick and Pettine NOES: couNcILMEMBElis None ABSENT: COUNCILMEMBERS None ABS=: mc1- None EXECUTED this 14th day of May - 1986, at CARISBAD, California.