HomeMy WebLinkAbout2003-09-16; City Council; Resolution 2003-2411
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RESOLUTION NO. 2333-241 EXHIBIT 1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD INITIATING PROCEEDINGS FOR THE FORMATION
OF A SPECIAL ASSESSMENT DISTRICT DESIGNATED AS
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 AND
THE LEVY OF ANNUAL ASSESSMENTS THEREIN AND
ORDERING THE PREPARATION OF AN ASSESSMENT
ENGINEER‘S REPORT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, at this time
proposes to initiate proceedings for the formation of and levy of annual assessments within a
special assessment district pursuant to the terms and provisions of the “Landscaping and
Lighting Act of 1972”, being Division 15, Part 2 of the Streets and Highways Code of the State of
California (the “1972 Act“), Article XlllD of the Constitution of the State of California (“Article
XIIID”) and the Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750
and following) (the “Implementation Act“) (the 1972 Act, Article XlllD and the Implementation Act
are referred to collectively as the “Assessment Law“), in what is to be known and designated as
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 (the “Maintenance District”); and,
WHEREAS, there has been submitted for approval a map designated by the name of this
Maintenance District, generally showing the area and property to be assessed in such
Maintenance District and the proposed zones within such Maintenance District; and,
WHEREAS, at this time the City Council desires to initiate proceedings to consider the
formation of such Maintenance District and to provide for the levy of assessments for the next
ensuing fiscal year to finance the annual costs of the maintenance and servicing of
improvements within the proposed Maintenance District.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. Recitals. The above recitals are all true and correct.
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2. Proposal to Form Maintenance District. The City Council hereby proposes to form
a special Maintenance District and to provide for the levy of annual assessments within such
proposed Maintenance District pursuant to the provisions of the Assessment Law, such
Maintenance District to be designated as STREET LIGHTING AND LANDSCAPING DISTRICT
NO. 2.
3. DescriDtion of Improvements to be Maintained and Serviced and Maintenance
Work and Services. The public interest and convenience requires, and the City Council does
propose at this time to initiate proceedings for the formation of a Maintenance District to provide
for the financing of the maintenance and servicing of certain improvements including both
landscaping improvements and appurtenances and street lighting improvements and
appurtenances.
The landscaping improvements to be maintained and serviced include, but are not
limited to, plants, shrubbery and trees, irrigation systems, hardscapes, fixtures, sidewalks and
appurtenant facilities. Such landscaping improvements may be located in public street and
sidewalk rights-of-way, including medians, parkways and dedicated easements within the
boundaries of the Maintenance District.
The street lighting improvements to be maintained and serviced include, but are not
limited to, poles, fixtures, bulbs, conduits, conductors, equipment including guys, anchors, posts
and pedestals, metering devices and appurtenant facilities as required to provide street lighting
and traffic signals in public street and sidewalk rights-of-way and dedicated easements within
the boundaries of the Maintenance District.
The maintenance of such improvements shall include the furnishing of services and
materials for the ordinary and usual maintenance, operation, repair and servicing of such
landscaping and street lighting improvements and appurtenant facilities, including repair,
removal or replacement of all or a part of any landscaping, public lighting or appurtenant
Page 2 of 4 of Resolution No. 2003-241 5
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facilities; providing for the life, growth, health and beauty of the landscaping, including
cultivation, irrigation, trimming, spraying, fertilizing and treating for disease or injury; the removal
of trimmings, rubbish, debris and other solid waste; and the cleaning, sandblasting, and painting
of improvements to remove or cover graffiti.
The servicing of the improvements shall include the furnishing of water for the irrigation
of the landscaping and the maintenance of any of the public lighting improvements and the
furnishing of electric current or energy, gas or other illuminating agent for the public lighting
facilities, or for the lighting or operation of the landscaping improvements and the administration
of all aspects of the Maintenance District.
4. Description of the Maintenance District and Zones Therein. The improvements to
be maintained provide a special and direct benefit to the property and parcels of land within the
boundaries of the Maintenance District. For a general description of the area and boundaries of
such proposed Maintenance District and the zones therein, reference is made to a map of the
Maintenance District showing the boundaries of the proposed Maintenance District and the
zones therein including the lands and property to be assessed to pay the costs and expenses of
the proposed maintenance work. Such map is entitled "PROPOSED BOUNDARIES OF
STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2" and is hereby submitted, and the
same is hereby approved and adopted. Such map shall remain on file in the Office of the City
Clerk with the transcript of these proceedings and be open for public inspection.
5. Assessment Enqineer's Report. The improvements proposed to be maintained
are hereby referred to HARRIS & ASSOCIATES, ASSESSMENT ENGINEER, who is hereby
directed to make and file the Assessment Engineer's Report as required by the provisions of the
Assessment Law generally containing the following:
Page 3 of 4 of Resolution No. 2003-241
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A. Plans and specifications describing the general nature, location and extent of the
improvements to be maintained and the extent of the maintenance work and the class and type
of improvements to be maintained within each zone;
B. An estimate of the cost of the maintenance and servicing of the improvements for the
Maintenance District for fiscal year 2003-2004, including all incidental expenses;
C. A diagram for the Maintenance District, showing the area and properties proposed to
be assessed;
D. The maximum annual assessment for Fiscal Year 2003-2004 of the estimated costs
of the maintenance of the improvements, assessing the net amount upon all assessable lots
and/or parcels within the Maintenance District in proportion to the special benefits received by
such lots and/or parcels from such improvements.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the 16th day of SEPTEMBER, 2003 by the following vote, to wit:
AYES: Council Members Lewis, Finnila, Kulchin, Hall, Packard
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. W&OD, City Clerk ' 4
Page 4 of 4 of Resolution No. 2003-241
(SEAL)
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