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HomeMy WebLinkAbout1995-06-06; City Council; Resolution 95-1434 0 0 EXHIBIT 5 1 ll RESOLUTION NO. 95-143 2 3 4 5 RESOLUTION OF THE CITY COUNCIL OF THE 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 6 7 8 9 10 11 12 District); and, 13 WHEREAS, at this time the City Council is desirous to take proceedings to p 14 for the annual levy of assessments for the next ensuing fiscal year to provide for the 15 and expenses necessary to pay for the maintenance of the improvements wit1 16 17 Maintenance District; and, WHEREAS, there has been presented and approved by this City Cour l8 Engineer’s Report, as required by law, and this City Council is desirous of continui- 19 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIE previously formed a special maintenance district pursuant to the terms of the Landsc and Lighting Act of 1972, being Division 15, Part 2 of the Streets and Highways Code State of California, said special maintenance district known and designated as Sl LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the Mainte I the proceedings for said annual levy; and 20 21 22 23 24 25 26 I WHEREAS, the improvements to be maintained shall consist of all o designated and authorized improvements, as well as certain new and ac improvements. NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. 27 I! 111 28 Ill ll 0 0 4 II 1 DECLARATION OF INTENTION 2 SECTION 2. That the public interest and convenience requires, and it i! 3 The maintenance of certain street lighting improvements, street trees and m 6 Maintenance District, said improvements generally described as follows: 5 expenses for the maintenance and/or servicing of the improvements for the above refere 4 intention of this legislative body to levy and collect assessments to pay the annual cost. 7 I/ landscaping improvements, as set forth and described in the Engineer’s Report. a The proposed new improvements to be maintained and serviced caused ger 9 by new development are described as follows: 10 11 The maintenance of certain additional street lighting improvements and add landscaping improvements, including street trees and median landscaping improvemel as set forth and described in the Engineer’s Report, which is hereby ordered to be k file and open for public inspection in the Office of the City Clerk. 12 13 14 15 16 BOUNDARIES OF MAINTENANCE DISTRICT SECTION 3. That said works of improvement are of direct benefit to the pro 17 1 body, a copy of which is on file in the office of the City Clerk and open for public insr 20 particulars, reference is made to the boundary map as previously approved by this le$ 19 body previously declared to be the area benefited by said works of improvement, i 18 within the boundaries of said Maintenance District, which Maintenance District the leg 21 I/ and is designated by the name of this Maintenance District. 22 23 24 25 REPORT OF ENGINEER SECTION 4. A. That the Report of the Engineer, as preliminarily approvec legislative body, is on file with the City Clerk and open for public inspection. Refel made to said Report for a full and detailed description of the improvements to be mail the boundaries of the Maintenance District and any zones therein, and the PI 26 27 28 Ii assessments upon assessable lots and parcels of land within the Maintenance Dis // / 7- ll * 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 a 0 6. Annual assessment increases will be caused by reasons of incre: in the costs of labor, materials and utility cost increases as applied to energy rates and w fees. Assessments can be annually modified and increased to reflect an annual modifica in the cost of labor and materials based upon the Consumer Price Index, San Diego published by the Department of Labor as computed for the first index in March of each 1 with additional modifications for related energy and water rate increases. C. All Median Maintenance Zone benefit assessments and less than 19 Street Llghting Zone benefit assessments are projected to be increased in Fiscal Year 15 1996. (For details see the Engineer’s Report.) PUBLIC HEARING SECTION 5. NOTICE IS HEREBY GIVEN THAT TWO PUBLIC HEARINGS P HEREBY SCHEDULED IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL, BE11 THE COUNCIL CHAMBERS, CITY HALL, ON THE FOLLOWING DATES AND TIMES: A. FIRST PUBLIC HEARING: JUNE 27, 1995 B. SECOND PUBLIC HEARING: AUGUST 1, 1995 AT THAT TIME THIS LEGISLATIVE BODY WILL HEAR PROTESTS ( OBJECTIONS IN REFERENCE TO THE ANNUAL LEVY OF ASSESSMENTS AND TO Af OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY PERSONS WHO WISH - OBJECT TO THE PROCEEDINGS OR THE ANNUAL LEVY SHOULD FILE A WRITTE PROTEST WITH THE CITY CLERK PRIOR TO THE TIME SET FOR THE SECOND PUBL HEARING. IF THERE IS A MAJORITY PROTEST AGAINST THE LEVY OF AN ANNU ASSESSMENT THAT IS INCREASED FROM THE PREVIOUS YEAR, THE PROPOSE INCREASE IN THE ASSESSMENTS SHALL BE ABANDONED. A MAJORITY PROTEI €XISTS IF, UPON THE CONCLUSION OF THE HEARING, WRITTEN PROTESTS FILED AN NOT WITHDRAWN, REPRESENT PROPERTY OWNERS OWNING MORE THAN 50% OF TI-, ASSESSABLE AREA OF LAND WITHIN THE PROPOSED DISTRICT. -3 ,f?/ I I/ * m 1 NOTICE 2 SECTION 6. That the City Clerk is hereby authorized and directed to give n 3 5 by placing a display advertisement of at least one-eighth page in the Blade-Citizen 4 as required by law by causing the joint notice of both Public Hearings to be accompli, period of three weeks. The first Public Hearing shall take place no earlier than ten (1 0) I 6 7 8 9 10 11 ADMINISTRATIVE COORDINATOR SPECIAL DISTRICTS after the first publication of the notice. PROCEEDINGS INQUIRIES/PROTESTS SECTION 8. For any and all information relating to these proceedings, inclu information relating to protest procedure, your attention is directed to the person desigr below: VIRGINIA McCOY COMMUNITY SERVICES DEPARTMENT CITY OF CARLSBAD TELEPHONE: 61 9/434-2941 12 13 14 15 said protest to the following address: Written protests by owners of property within the Maintenance District may 16 17 18 19 20 CITY CLERK CITY OF CARLSBAD 1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CA PASSED, APPROVED AND ADOPTED by the City Council of the City of Carl: at its regular meeting held on the 6th day of JUNE , 1995, by the following t 21 to wit: 22 23 24 ABSENT: None ATTEST: 25 AYES: Council Members Lewis, Nygaard, NOES: None 26 27 ANZ, City Clerk (SEAL) 28 KAREN R. KUNDTZ, Assistant City Clerk 2%