Loading...
HomeMy WebLinkAbout1989-07-11; City Council; Resolution 89-219*&.I- - 0 a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 89-219 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING A PROPOSED RES6LUTION OF IN'PPNTION AND REQUZSTINC CONSENT' AND JURISDICTION WHEREAS, the CITY COUNCIL of the CITY OF CARLSI CALIFORNIA, proposes to initiate proceedings relating to levy and imposition of benefit assessments as set forth described in the proposed Resolution of Intention atta hereto; and it is the opinion of this legislative body that purpose sought to be accomplished by said levy of benefit ass ments can best be achieved by a single comprehensive lev assessments, with proceedings conducted pursuant to the pr sions of the "Benefit Assessment Act of 1982", being Cha 6.4, Division 2, Title 5 of the Government Code of the Stat California, commencing with Section 54703, said area of ber being known and designated as BENEFIT AREA NO. 1 (herein; referred to as the "Benefit Area"); and, WHEREAS, it is required and hereby further requested the consent of the CITY OF OCEANSIDE, CALIFORNIA (herein; referred to as "Consenting Agency") be procured to the asse! of benefited parcels, all as described in the proposed Re! tion of Intention, a copy of which is attached hereto. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all truE correct. SECTION 2. That the City Council hereby declares its i tion to adopt and approve the proposed Resolution of ~nte I _. (I e 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attached hereto, for the purpose of assessing of benefit par in the Benefit Area, and that the consent of the Consen Agency is hereby requested for the following: 1. Formation of the Benefit Area; 2. Authority to maintain improvements appropriate; 3. Power to assess benefited properties; 4. The assumption of jurisdiction by legislative body for all purposes in connection with the Ber Area; 5. The consent and approval of the encl proposed Resolution of Intention; and, 6. Consent to and approval of the map warded indicating the extent of territory included in proposed Benefit Area. SECTION 3. The City Clerk is hereby directed to forwa certified copy of this Resolution, together with the pros Resolution of Intention attached hereto, and a copy of the indicating the extent of the territory included in the prog Benefit Area to the Consenting Agency. SECTION 4. A portion of the works of maintenance an the properties to be assessed lie not only within the bound: of this City, but also exclusively within the jurisdicti boundaries of the Consenting Agency. SECTION 5. That the City agrees to hold harmless indemnify the Consenting Agency, its officers and emplol from any and all causes of action, claims, losses or dan I .. .( - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 which may arise, directly or indirectly, from the action of Consenting Agency in reviewing and granting its consent to formation of the proposed Benefit Area. PASSED, APPROVED AND ADOPTED by the City Council of City of Carlsbad at its regular meeting held on the 11th of July , 1989, by the following vote, to wit AYES: Council Members Lewis, Kulchin, Pettine, Mamaux and Larsor NOES : None ABSENT: None ATTEST: m&A& ALETHA La RAUTENKRANZ, City (SEAL) i a 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING INTENTION TO LEVY ANNUAL BENEFIT ASSESSMENTS, SETTING A TIME AND PLACE FOR A PUBLIC HEARING, AND APPROVING REPORT OF ENGINEER WHEREAS, the CITY COUNCIL of the CITY OF CARL CALIFORNIA, has initiated proceedings relating to the $ev imposition of benefit assessments pursuant to the term provisions of the "Benefit Assessment Act of 1982", Chapter 6.4, Division 2 , Title 5 of the Government Code o State of California, commencing with Section 54703, said ar benefit being known and designated as BENEFIT AREA NO. 1 (he after referred to as the "Benefit Area"); and, WHEREAS, there has now been presented the Repor required and previously authorized, and this legislative bo now satisfied with the levy of the assessments and is des to proceed to authorize a time and place for a public hearin NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all truc correct. DECLARATION OF INTENTION SECTION 2. That the public interest and conven , ~ requires, and this legislative body does propose at this til initiate proceedings to levy and impose benefit assessmenl finance the maintenance and operation costs related tc following: ,1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 0 e All necessary work and services for the ma nance and drainage of the BUENA VISTA CREEK CHANNEL be JEFFERSON STREET and EL CAMINO REAL, including the removl sediment, vegetation and other debris and all other worl maintenance. For a full and detailed desfcription 0: services to be funded by the imposition of the special as ments, reference is hereby made to the "Report" approved by Resolution and on file in the Office of the City Clerk. BOUNDARIES OF BENEFIT AREA SECTION 3. That said work and services will provj special and direct benefit to the property and parcels of within the boundaries of the Benefit Area, and the map subm herewith, showing the boundaries of the Benefit Area and and properties to be assessed, designated as "BOUNDARLI BENEFIT AREA NO. l", is hereby approved and adopted. ASSESSMENTS SECTION 4. The public interest and convenience requi and it is the intention of this legislative body to order levy annual assessments for the maintenance and/or servicir the above improvements, and it is further determined that benefit assessments are not taxes for the general benefit 0: government of this City, but are assessments to be leviec services which confer special benefits upon the properties t assessed and to which the services are so provided. REPORT OF ENGINEER SECTION 5. That the Report, as presented, is he 28 approved and is ordered to be kept on file in the office of ,h e 0 1 2 City Clerk as a permanent record and to remain open for p inspection. Said Report generally consists of the following 3 4 5 6 7 8 9 A. A description of the service proposed financed through revenue derived from the levy and collecti the annual special assessment; B. A description of each lot or parcc property proposed to be subject to the benefit assessment, parcel being described by the County Assessor's parcel numbe P c- A diagram showing the exterior bound of the Benefit Area, the boundaries of any zones wit, 10 11 12 13 14 Benefit Area and the lines and dimensions of each lot or F within the Benefit Area. Each parcel is identified by a dis tive number or letter. The lines and dimensions of eac: 15 ll conform to those on the County Assessor's map for the f 16 17 18 19 20 21 year to which the Report applies; D. The amount of the proposed assessmen. each parcel; E. The basis and schedule €or the levy o proposed assessments. PUBLIC HEARING 22 II SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE 23 24 25 26 27 28 DAY OF AUGUST, 1989, AT THE HOUR OF 6: 00 p .M. , IN THE RE MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE co CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEG TIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVI IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANC ,I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 0 1 OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERV ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS ANI MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SE THE PUBLIC HEARING. PUBLIC AND UTILITY PROPERTY SECTION 7. That it is hereby determined that p property owned by any public agency and in the use and pe mance of a public function and which is included withir boundaries of the Benefit Area shall be omitted and exempt any assessment made under these proceedings. If any rail gas, water or electric utility right-of-way shall be inc within the boundaries of the Benefit Area and subject to as ment, in determining the extent of benefit it shall be pre. that its use as a utility shall be permanent. NOTICE SECTION 8. That the City Clerk is hereby authorized directed to give notice as follows: A. A copy of this Resolution of Inte shall be published in the CARLSBAD JOURNAL, a newspaps general circulation within said City; said publication t completed not less than ten (10) days prior to the date set the public hearing. B. A copy of this Resolution of Inter shall be mailed by first-class mail, postage prepaid, to property owners within the Benefit Area whose names .. . I I" e 0 1 2 addresses appear on the last equalized County assessment r 3 4 5 6 7 8 said mailing to be completed not less than twenty (20) prior to the date set €or the public hearing. PROCEEDINGS INQUIRIES SECTION 9. For any and all information relating to t proceedings, including information relating to the protest pr dure, your attention is directed to the person designated bel .9 10 11 12 13 RALPH ANDERSON UTILITIES & MAINTENANCE SUPERVISOR CITY OF CARLSBAD 2075 LAS PALMAS CARLSBAD, CA 92009 TELEPHONE: ( 619) 438-7753 SPECIAL COUNSEL SERVICES SECTION 10. That the letter agreement for Special 'COI l4 16 is hereby accepted and approved for execution. I-5 services submitted herewith by Brown & Diven, Attorneys at PASSED, APPROVED AND ADOPTED by the City Council of 17 11 City of Carlsbad at its regular meeting held on the 18 19 20 21 22 23 of , 1989, by the following vote, to wil AYES: NOES: ABSENT: CLAUDE A. LEWIS, Mayor I I 2411 ATTEST: 25 26 27 28 ALETHA L. RAUTENKRANZ, City Clerk (SEAL 1