HomeMy WebLinkAbout2003-11-18; City Council; Resolution 2003-3001
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Exhibit 3
RESOLUTION N0.2003-300
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION, FORMING STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 2, ORDERING MAINTENANCE
WORK THEREIN AND CONFIRMING THE DIAGRAM AND
ASSESSMENT
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has
initiated proceedings for the formation of and levy of the annual assessment in a special
maintenance district created pursuant to the terms 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
“Landscaping Act”), Article XlllD of the Constitution of the State of California (“Article XlllD”) and
the Proposition 21 8 Omnibus Implementation Act (Government Code Section 53750 and
following) (the “Implementation Act”) (the Landscaping Act, Article XlllD and the Implementation
Act may be referred to collectively herein as the “Assessment Law”), such special maintenance
district known and designated as STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2
(the “Maintenance District”); and
WHEREAS, at this time all notice and public hearing requirements have been met
relating to the formation of the Maintenance District and the levy of the annual assessments
within the Maintenance District, and
WHEREAS, the City Council previously received and preliminarily approved a report from
the Assessment Engineer (the “Assessment Engineer’s Report”) and this City Council is now
satisfied with the assessment and diagram and all other matters as contained in the Assessment
Engineer’s Report as now submitted for final consideration and approval.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1. Recitals. That the above recitations are true and correct.
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Exhibit 3
2. Procedures. This City Council hereby finds and determines that the procedures for
the consideration of the levy of the assessments have been undertaken in accordance with the
Assessment Law.
3. Assessment Ballot Procedures. Assessment ballots were mailed as required by
Assessment Law to the record owners of all properties within the Maintenance District which are
proposed to be assessed. The assessment ballots that were completed and received by the City
Clerk prior to the close of the public hearing have been tabulated in accordance with the
procedures established by Assessment Law and this City Council and the results of such
tabulation have been submitted to this City Council.
This City Council hereby finds that the assessment ballots submitted in favor of the levy
of assessments as shown in the Assessment Engineer’s Report as weighted in accordance with
Assessment Law exceed the assessment ballots submitted in opposition to such levy also as
weighted in accordance with Assessment Law.’Therefore, no majority protest to the levy of
assessments within the Maintenance District has been found to exist.
4. Formation of Maintenance District. This City Council hereby orders the formation
of the Maintenance District.
5. Determination and Confirmation. Based upon the Assessment Engineer‘s Report
and the testimony and other evidence presented at the public hearing, the City Council hereby
makes the following determinations regarding the maximum assessments proposed to be levied:
a. The proportionate special benefit derived by each individual parcel to be
assessed has been determined in relationship to the entirety of the cost of the
operations and maintenance expenses.
b. The assessments will not exceed the reasonable cost of the proportional
special benefit conferred on each parcel.
c. Only the special benefits will be assessed.
d. There is one parcel within the Maintenance District that is owned by a local
government, Le., the City of Carlsbad that specially benefits from certain of
the improvements to be maintained and serviced. Such parcel has been
9 Page 2 of 4 of Resolution No. 2003-300
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Exhibit 3
assessed in an amount equal to the reasonable cost of the proportional
speciai benefit conferred on such parcel. There are no other parcels within
the Maintenance District that are owned or used by a local government, the
State of California or the United States.
The maximum assessments as shown in the Assessment Engineer's Report will be
increased each Fiscal Year without further compliance with the assessment ballot procedures
required under the Assessment Law by the annual increase in the Consumer Price Index (CPI),
during the preceding year ending in March, for All Urban Consumers for the San Diego County
area.
6. Orderina of Maintenance. The public interest and convenience requires, and this
legislative body does hereby order the maintenance work to be made and performed as said
maintenance work is set forth in the Assessment Engineer's Report and as previously declared
and set forth in the Resolution of Intention.
7. Filinq with City Clerk. The above-referenced diagram and assessment shall be
filed in the Office of the City Clerk. Said diagram and assessment, and the certified copy
thereof, shall be open for public inspection.
8.
adoption.
Effective Date. This Resolution of Intention shall take effect immediately upon its
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Page 3 of 4 of Resolution No. 2003-300
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Exhibit 3
PASSED, APPROVED AND ADOPTED at a regular meeting of.the Carlsbad City
Council held on the 18th day of November ,2003 by the following vote, to wit:
AYES: Council Kembers Lewis, Finnila, Kulchin, Hall and Packard
NOES: None
ABSENT: None
ATTEST:
Page 4 of 4 of Resolution No. 2003-300