HomeMy WebLinkAbout1989-07-18; City Council; Resolution 89-250r 0 e
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RESOLUTION NO. 89-250
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIAl 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 CARLS
CALIFORNIA, has initiated proceedings relating to the levy
imposition of benefit assessments pursuant to the terms
provisions of the "Benefit Assessment Act of 1982", b
Chapter 6.4, Division 2, Title 5 of the Government Code of
State of California, commencing with Section 54703, said are
benefit being known and designated as BENEFIT AREA NO. 1 (her
after referred to as the "Benefit Area"): and,
WHEREAS, there has now been presented the Report
required and previously authorized, and this legislative bod
now satisfied with the levy of the assessments and is desi
to proceed to authorize a time and place for a public hearing
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true
correct.
DECLARATION OF INTENTION
SECTION 2. That the public interest and convenic
requires, and this legislative body does propose at this timc
initiate proceedings to levy and impose benefit assessments
finance the maintenance and operation costs related to
I following:
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All necessary work and services for the mai
nance and drainage of the BUENA VISTA CREEK CHANNEL bet
JEFFERSON STREET and EL CAMINO REAL, including the removal
sediment, vegetation and other debris and all other works
maintenance. For a full and detailed desfcription of
services to be funded by the imposition of the special ass
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 provic
special and direct benefit to the property and parcels of
within the boundaries of the Benefit Area, and the map submi
herewith, showing the boundaries of the Benefit Area and 1
and properties to be assessed, designated as "BOUNDARIE:
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 ~ervicin~
the above improvements, and it is further determined that
benefit assessments are not taxes for the general benefit of
government of this City, but are assessments to be levied
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
approved and is ordered to be kept on file in the office of
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City Clerk as a permanent record and to remain open for pu
Lnspection. Said Report generally consists of the following:
A. A description of the service proposed t
financed through revenue derived from the levy and collectio
the annual special assessment;
B. A description of each lot or parce
property proposed to be subject to the benefit assessment,
parcel being described by the County Assessor's parcel number
C. A diagram showing the exterior bounda
of the Benefit Area, the boundaries of any zones with
Benefit Area and the lines and dimensions of each lot or pa
within the Benefit Area. Each parcel is identified by a dist
tive number or letter. The lines and dimensions of each
conform to those on the County Assessor's map €or the fi
year to which the Report applies;
D. The amount of the proposed assessment
each parcel;
E. The basis and schedule for the levy of
proposed assessments.
PUBLIC HEARING
SECTION 6. NOTICE IS HEREBY GIVEN THAT TUESDAY, THE
DAY OF AUGUST, 1989, AT THE HOUR OF 6:OO P.M. , IN THE REG'
MEETING PLACE OF THIS LEGISLATIVE BODY, BEING THE COU:
CHAMBERS, CITY HALL, IS THE TIME AND PLACE FIXED BY THIS LEG1
TIVE BODY FOR HEARING PROTESTS OR OBJECTIONS TO THE LEVY
IMPOSITION OF ANNUAL BENEFIT ASSESSMENTS TO PAY FOR THE CI
AND EXPENSES NECESSARY TO FINANCE THE AUTHORIZED MAINTENANCE
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OPERATION COSTS FOR CERTAIN DRAINAGE AND FLOOD CONTROL SERVI
ANY PERSON WISHING TO OBJECT TO THESE PROCEEDINGS AND
MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION SHOULD
A WRITTEN PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET
THE PUBLIC HEARING.
PUBLIC AND UTILITY PROPERTY
SECTION 7. That it is hereby determined that pul
property owned by any public agency and in the use and per
mance of a public function and which is included within I boundaries of the Benefit Area shall be omitted and exempt 1
any assessment made under these proceedings. If any railrc
gas, water or electric utility right-of-way shall be incll
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44 II within the boundaries of the Benefit Area and subject to assc
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ment, in determining the extent of benefit it shall be pres1
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 Intent
shall be published in the CARLSBAD JOURNAL, a newspaper B 2
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general circulation within said City; said publication to
completed not less than ten (10) days prior to the date set
the public hearing.
45 I/ B. A copy of this Resolution of Intent d: shall be mailed by first-class mail, postage prepaid, to
property owners within the Benefit Area whose names
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addresses appear on the last equalized County assessment r'
said mailing to be completed not less than twenty (20)
prior to the date set for 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
RALPH ANDERSON
UTILITIES 6( 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 Cou
services submitted herewith by Brown &. Diven, Attorneys at
is hereby accepted and approved for execution.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 18th
of July , 1989, by the following vote, to wit
AYES : Council Members Lewis,
NOES: None
ABSENT: None
ATTEST: l2ddL?!&- 7 ALETHA L. RAUTENKRANZ, City Cl\erk
(SEAL 1