HomeMy WebLinkAbout1995-06-06; City Council; Resolution 95-1434
0 0 EXHIBIT 5
1 ll RESOLUTION NO. 95-143
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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
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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
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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-
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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
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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.
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1 DECLARATION OF INTENTION
2 SECTION 2. That the public interest and convenience requires, and it i!
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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:
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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.
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BOUNDARIES OF MAINTENANCE DISTRICT
SECTION 3. That said works of improvement are of direct benefit to the pro
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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.
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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
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28 Ii assessments upon assessable lots and parcels of land within the Maintenance Dis
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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.
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1 NOTICE
2 SECTION 6. That the City Clerk is hereby authorized and directed to give n
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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
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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
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15 said protest to the following address:
Written protests by owners of property within the Maintenance District may
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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
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ABSENT: None
ATTEST: 25
AYES: Council Members Lewis, Nygaard,
NOES: None
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27 ANZ, City Clerk
(SEAL) 28 KAREN R. KUNDTZ, Assistant City Clerk
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