HomeMy WebLinkAbout1994-05-17; City Council; Resolution 94-136I /I 0 0 EXHIBIT 5
1 RESOLUTION NO. 94- 136
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RESOLUTION OF ME CITY COUNCIL OF ME CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO
PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF
ASSESSMENTS IN A SPECIAL MAINTENANCE DISTRICT,
AND SEmNG A TIME AND PLACE FOR TWO PUBLIC
HEARINGS THEREON
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WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, hi
previously formed a special maintenance district pursuant to the terms of the Landscapin
and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code of tt
10 11 State of California, said special maintenance district known and designated as STREE
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12 District); and,
13 WHEREAS, at this time the City Council is desirous to take proceedings to provid
14 for the annual levy of assessments for the next ensuing fiscal year to provide for the cos1
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WHEREAS, there has been presented and approved by this City Council thm 17
Maintenance District; and, 16
and expenses necessary to pay for the maintenance of the improvements within th
Engineer's Report, as required by law, and this City Council is desirous of continuing wit
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LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Maintenanc
the proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all originall
designated and authorized improvements, as well as certain new and additiona // improvements. 23
24 I1 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
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RECITALS
SECTION 1. That the above recitals are all true and correct.
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DECLARATION OF INTENTION
SECTION 2. That the public interest and convenience requires, and it is tl
intention of this legislative body to levy and collect assessments to pay the annual costs at
expenses for the maintenance and/or servicing of the improvements for the above referencc
Maintenance District, said improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees and medk
landscaping improvements, as set forth and described in the Engineer’s Report.
The proposed new improvements to be maintained and serviced caused general
by new development are described as follows:
The maintenance of certain additional street lighting improvements and addition
landscaping improvements, including street trees and median landscaping improvements, s
as set forth and described in the Engineer’s Report, which is hereby ordered to be kept o
file and open for public inspection in the Office of the City Clerk.
BOUNDARIES OF MAINTENANCE DISTRICT
SECTION 3. That said works of improvement are of direct benefit to the propertic
within the boundaries of said Maintenance District, which Maintenance District the legislatik
body previously declared to be the area benefited by said works of improvement, and fc
particulars, reference is made to the boundary map as previously approved by this legislativ
body, a copy of which is on file in the office of the City Clerk and open for public inspectior
and is designated by the name of this Maintenance District.
REPORT OF ENGINEER
SECTION 4. A. That the Report of the Engineer, as preliminarily approved by thi
legislative body, is on file with the City Clerk and open for public inspection. Reference i:
made to said Report for a full and detailed description of the improvements to be maintained
the boundaries of the Maintenance District and any zones therein, and the proposec
assessments upon assessable lots and parcels of land within the Maintenance District.
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6. There shall be no increase in any assessments from those as previou
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been created caused by land development. 3
levied and authorized; however, new assessments will be levied where new parcels ha
4 II PUBLIC HEARING
5 SECTION 5. NOTICE IS HEREBY GIVEN THAT TWO PUBLIC HEARINGS AF
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THE COUNCIL CHAMBERS, CITY HALL, ON THE FOLLOWING DATES AND TIMES: 7
HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BElN
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9 A. FIRST PUBLIC HEARING: JUNE 21, 1994 AT 6:OO P.M.
lo li B. SECOND PUBLIC HEARING: JULY 19, 1994 AT 6:OO P.M.
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12 AT THAT TIME THIS LEGISLATIVE BODY WILL HEAR PROTESTS 0
OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO AN
OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH T
OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTE
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16 PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE SECOND PUBLI
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HEARING.
19 SECTION 6. That the City Clerk is hereby authorized and directed to give notic
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a newspaper of general circulation within the City of Carlsbad, said publication to b 21
as required by law by causing a copy of this Resolution to be published in the Blade Citizer
22 [I completed not less than ten (10) days prior to the date set for the public hearing.
23 11 SECTION 7. That the Crty Clerk is hereby directed to mail notice of said Publi
Hearings, the adoption of the Resolution of Intention, and of the filing of the Report to a
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persons owning real property where there is a new and/or increased assessment from tha
as previously authorized and levied.
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PROCEEDINGS INQUIRIES/PROTESTS
SECTION 8. For any and all information relating to these proceedings, includir
information relating to protest procedure, your attention is directed to the person designatc
below:
VIRGINIA McCOY
ASSESSMENT DISTRICT ADMINISTRATOR
COMMUNITY SERVICES DEPARTMENT
CITY OF CARLSBAD
TELEPHONE: 61 9/434-2941
Written protests by owners of property within the Maintenance District may mi
said protest to the following address:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbs
at its regular meeting held on the 17th day of MAY , 1994, by the following votc
to wit:
AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
NOES: None
ABSENT: Hone
ATTEST:
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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