HomeMy WebLinkAbout2003-06-03; City Council; Resolution 2003-1401
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RESOLUTION NO. 2003-140
A 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
ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING THEREON
WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a
special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972,
(Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500),
said special assessment district known and designated as Street Lighting and Landscaping
District No. 1 (hereinafter referred to as the "Assessment District"); and
WHEREAS, the Assessment District is an existing assessment district in which
assessments are not proposed to be increased, and is exempt from the procedures and
requirements of all assessments under California Constitution Article XlllD 9 5 (a); and
WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to
provide for the costs and expenses necessary to pay for the maintenance of the improvements
within the Assessment District; and
WHEREAS, there has been presented and approved by this City Council the Engineer's
Report (the "Report"), as required by law, and this City Council is desirous of continuing with the
proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all originally designated
and authorized improvements, as well as certain new and additional improvements.
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That the public interest and convenience requires, and it is the intention of
the City Council to levy and collect assessments to pay the annual costs and expenses for the
maintenance and/or servicing of the improvements for the Assessment District, the improvements
generally described as follows:
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The maintenance of certain street lighting improvements, street trees, and median
landscaping improvements, as set forth and described in the Report.
The proposed new improvements to be maintained and serviced caused generally by new
development are described as follows:
The maintenance of certain additional street lighting improvements and additional
landscaping improvements, including replacement of street trees and median landscaping
improvements, all as set forth and described in the Report, which is hereby ordered to be kept on
file and open for public inspection in the Office of the City Clerk.
BOUNDARIES OF ASSESSMENT DISTRICT
SECTION 3. That said improvements are of direct benefit to the properties within the
boundaries of the Assessment District, which Assessment District the legislative body previously
declared to be the area benefited by the improvement, and for particulars, reference is made to
the boundary map as previously approved by the City Council, a copy of which is on file in the
office of the City Clerk and open for public inspection, and is designated by the name of this
Assessment District.
REPORT OF ENGINEER
SECTION 4.
A. That the Report, as preliminarily approved by this legislative body, is on file with the
City Clerk and open for public inspection. Reference is made to the Report for a full and detailed
description of the improvements to be maintained, the boundaries of the Assessment District and
any zones therein, and the proposed assessments upon assessable lots and parcels of land
within the Assessment District.
B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and Median
Landscaping Improvement Zone assessments are to remain the same as the previous year and
all new assessments added to the tax roll will be calculated at the same unit rates as Fiscal Years
1996-97, 1997-98, 1998-99, 1999-00, 2000-01, 2001 -02 and 2002-03.
Page 2 of 4 of Resolution No. 2003-140
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PUBLIC HEARING
SECTION 5. Notice is hereby given that a public hearing is scheduled in the regular
meeting place of the City Council, being the Council Chambers, City Hall, on the following date
and time:
Tuesday, July 8,2003, at 6:OO p.m.
At that time this legislative body will hear protests or objections in reference to the annual
levy of assessments and to any other matters contained in this resolution. Any persons who wish
to object to the proceedings or the annual levy should file a written protest with the City Clerk prior
to the time set for the public hearing. If there is a majority protest against the levy of an annual
assessment that is increased from the previous year, the proposed increase in the assessments
shall be abandoned. A majority protest exists if, upon the conclusion of the hearing, written
protests filed and not withdrawn, represent property owners owning more than 50% of the
assessable area of land within the District.
NOTICE
SECTION 6. That the City Clerk is hereby authorized and directed to give notice as
required by law by causing a copy of this Resolution to be published in a newspaper of general
circulation within the City of Carlsbad, said publication to be completed not less than ten (IO) days
prior to the date set for the public hearing.
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Page 3 of 4 of Resolution No. 2003-140
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PROCEEDINGS INQUIRIES/PROTESTS
SECTION 7. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person designated
below:
JOAN E. COX ASSESSMENT ENGINEER HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 337
Owners of property within the Assessment District may mail written protests to the
following address:
CITY CLERK
CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
CARLSBAD, CA 92008
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 3rd day of JUNE , 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST
(SEAL)
Page 4 of 4 of Resolution No. 2003-140