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HomeMy WebLinkAbout1987-05-12; City Council; Resolution 9067I RESOLUTION OF THE CITY cy>uNcIL DECLARING ITS l"TI0N KI PROVIDE EOR AN ANNUAL LEVY AND NANCE IN AN EXISTING DISTRICT, PURSUANT Tt3 THE ??ROVISIONS OF DECISION 15, PARI? 2 OF THE STREGTS AND HIWAYS OODE W THE STATE CALIFORNIA, AND SGITING A TIME AND PLACE FOR PUBLIC HEARING ?HEREON COLJXCTION OF ASSESSMENTS EOR CERTAIN MAINTE- WHEIZEAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, 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 Califomia, in that is knm and designated as CITY OF CARLSBAD STFEZ" LIGJ3'ING DISTRICT No. 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 assesments for the next ensuing fiscal year, to provide for the costs and expenses necessary for continual maintenance of improvements within said District; and, WHEREAS, at this time there has been presented and approved by this City Quncil, the Engineer's "Report" as required by law, and this City Council is desirous of proceeding with the proceedings for said annual levy. NW, THEREFORE, IT IS HEREf3y RESOLVED AS F0L;Low.S: SECTION 1. That the above recitals are all true and correct. PUBLIC. TNTEREST SECTION 2. That the pblic interest and convenience requires, and it is the intention of this City cbuncil, to undertake proceedings for the annexation of additional territory to the District, and the annual levy and collection of special assessments for the continual mintenance of certain improvements, all to serve and Mefit said District as said area is sham and delineated on a mp as previously approved by this City Council and on file in the Office of the City Clerk, open to pblic inspection, and herein so referenced and mde a part hereof, and propsed &anges thereto are set forth in the "Reprt" of the Ehgineer, incorporated herein as a part hereof. Page 1 of 4 mmw SECTION 3. That the %eprt" of the Engineer regarding the annual levy for said District, which ''Report" is for mintenance for the fiscal year 1987-1988, is hereby approved and is directed to be filed in the Office of the City Qerk. ASSESSMENT SECTION 4. That the public interest and convenience requires, and it is the intention of this City Quncil to order the annual assessment levy for the District as set forth and described in said Ehgineer'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 expense of said maintenance and improvement as estimated in said "Report." DESCKU?l"ON OF -cE SECTION 5. The assessments levied and collected shall be for the maintenance of certain street lighting improvements, as set forth in the lkgineer' s "&port, I' referenced and so incorporated herein. COUNTY AUDITOR SIXXION 6. The County Zuditor shall enter on the County Pssesment €bll the amount of the assessments, and shall collect said assessments at the time and in the same mer as County taxes are collected. After collection by the County, fne net amount of the assessments, after fhe deduction of any compensation due to the County for collection, shall be paid to the Treasurer for pqmses of pying for the costs and expenses of said District. SPECIAL FUND SECTIQN 7. That all mnies collected shall be deposited in a special fund 'Ja?ckyn as "SPECIAL FUND CITY OF CARLSBAD ST!iBE" LIWING DISTRICT NO. 1" Paynent shall be mde out of said fund only for the purpose provided for in this Resolution, and in order to expedite the rraking of this maintenance and inprovment, the City Council my transfer into said funds as it my deem necessary to expedite the proceedings. proceeds of the assessments provided for in this Resolution. Any funds shall be repaid out of the Page 2 of 4 I BOUNDARIES OF DISTRICT SECTION 8. Said contenplated mintenance mrk is, in the opinion of this City Quncil, of direct benefit to the properties witkin the boundaries of the District, and this City Cbuncil des the asts and expenses of said mintenance 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 py 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 shmn cgl amp as approved by this City Quncil and on file in the Office of the City Clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 9. Any lots or parcels of land knmn as pciblic property, as the same are defined in Section 22663 of Division 15, Part 2 of the Streets and Eiighways code of the State of Qlifornia, which are inclded within the boundaries of the District, shall be anitted and exenpt frm any assessment to be mde under these proceedings to aver any of the costs and expenses of said improvement and mintenance mrk . PUBLIC HEARING SECI'ION 10. NOTICE IS HEREBY GIVEN 'MAT ?uESWY, THE 2ND WY OF JUNE, 1987, Kt' THE IK>uR OF 6:OO O'CLCCK P.M., IN THE REGULAR MEGTING OF THE CITY CYIUNCIL, BEING THE COUNCIL CHAMBERS, IS THE TlME AND PLACE FIXED BY THIS CITY CDUNCIL FOR "€33 HEARING OF PROTESTS OR OBSECTIONS IN TO THE ANNEXATION OF ADDITIONAL TERRITORY, BY THOSE PROPERTY CWNERS AEFEXED HE- AND ANY UTEEX MNTERS "T' IN THIS RESOLUTION. ANY PERSONS FJHO WISH TO OBSECT ?r> THE PROCEEDINGS FOR THE ANNUAL LEVY SHOULD FILE A WRITTEN PROTEST WITH ?HE CITY CLERK PRIOR TD THE TlME SET AND SEEDUUD FOR SAID PUBLIC HEARING. Page 3 of 4 ? NOTICE SECTION 11. That the City Qerk is hereby authorized and directed to publish, prsuant to Qvement Code Section 6066, a copy of this &solution in the CARLSBAD JOURNAL, newspaper of general circulation within said City, said publication &all be not less than ten (10) days before the date set for said public Hearing. SECTION 12. That the City Qerk is further directed to cause a cqy of the Resolution of Intention to be psted upon the official bulletin board customarily used for the psting of mtices . EFFECTIVE, wm SECTION 13. That this its adoption. Resolution shall take effect immediately upon PROCEEDINGS INQUIRIES SJ5CI'IoN 14. L;br any and all information relating to the proceedings, protest procedure, any docmentation and/or information of a procedural or technical nature, pur attention is directed to the belw listed person at the local agency or department so designated: Virginia McCoy, Electrical Operations Supervisor CITY a? CAIiLSBAD 1200 Elm Avenue Carlsbad, California 92008 (619) 438-7753 APPROVED and AD3PIED this 12th day of CITY OF CAIiLSBAD STATE OF C2XJFOmIA I CITY a? CRRLSw STATE CF CALIFORNIA Page 4 of 4 I, ALETHARA-, CITYCLlBKof theCITYOF CARISBN3, CALIFORNIA, DO HEREF;y CErcTIFY that the foregoing Resolution, being Resolution No. 9067 was duly passed, approved and adopted by the City Quncil, approved and signed by the myor, and attested ky the City Clerk, all at the regular meting of said City Quncilheld on the 12th day of May , 1987, and that the same bas passed and adopted by the follming vote : AYES : COTJNCI"~ Lewis, Kulchin, Pettine, Mamaux and Larson EXEm this day of May , 1987, at CARSEAD, Calif omia . CITY OF " STATE OF CALIFORNIA J