HomeMy WebLinkAbout2006-05-09; City Council; Resolution 2006-121Exhibit 4
1 RESOLUTION NO. 2006-121
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION
3 TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION
OF ASSESSMENTS IN A SPECIAL ASSESSMENT
4 DISTRICT, AND SETTING A TIME AND PLACE FOR A
PUBLIC HEARING THEREON.
5
6 WHEREAS, the City Council of the City of Carlsbad, California, has previously formed a
7 special assessment district pursuant to the terms of the Landscaping and Lighting Act of 1972,
8 (Division 15, Part 2 of the State Streets and Highways Code, commencing with Section 22500),
9 said special assessment district known and designated as Street Lighting and Landscaping
10 District No. 2 (hereinafter referred to as the "Assessment District"); and
11 WHEREAS, the Assessment District is an existing assessment district in which
12 assessments are not proposed to be increased as defined by Article XIIID of the California
13 Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act, and is
14 exempt from the procedures and requirements of all assessments under California Constitution
15 Article XIIID § 5 (a); and
16 WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to
17 provide for the costs and expenses necessary to pay for the maintenance of the improvements
18 within the Assessment District; and
19 WHEREAS, there has been presented and approved by this City Council the Engineer's
20 Report (the "Report"), as required by law, and this City Council is desirous of continuing with the
21 proceedings for said annual levy; and
22 WHEREAS, the improvements to be maintained shall consist of all originally designated
23 and authorized improvements, as well as certain new and additional improvements.
24 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
25 RECITALS
26 SECTION 1. That the above recitals are all true and correct.
27 SECTION 2. That the public interest and convenience requires, and it is the intention of
28 the City Council to levy and collect assessments to pay the annual costs and expenses for the
Page 2 of Resolution No. Exhibit 4
maintenance and/or sen/icing of the improvements for the Assessment District, the
2 improvements generally described as follows:
3
The maintenance of certain street lighting improvements, street trees, and median
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landscaping improvements, as set forth and described in the Report.
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The proposed new improvements to be maintained and serviced caused generally by
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new development are described as follows:
7
The maintenance of certain additional street lighting improvements and additional
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landscaping improvements, including replacement of street trees and median landscapingy
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.
12 BOUNDARIES OF ASSESSMENT DISTRICT
13 SECTION 3. That said improvements are of direct benefit to the properties within the
14 boundaries of the Assessment District, which Assessment District the legislative body previously
15 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
18 Assessment District.
19
REPORT OF ENGINEER
20
SECTION 4.
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A. That the Report, as preliminarily approved by this legislative body, is on file with
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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.
27 B. The Assessment District is an existing assessment district in which assessments
2g are not proposed to be increased as defined by Article XIIID of the California Constitution
(Proposition 218) and the Proposition 218 Omnibus Implementation Act.
Page 3 of Resolution No. Exhibit 4
1
2 PUBLIC HEARING
3 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:
c
Tuesday, June 13, 2006, at 6:00 p.m.
At that time this legislative body will hear protests or objections in reference to the annual
8 levy of assessments and to any other matters contained in this resolution. Any persons who wish
9 to object to the proceedings or the annual levy should file a written protest with the City Clerk
10
prior to the time set for the public hearing. If there is a majority protest against the levy of an
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annual assessment that is increased from the previous year, the proposed increase in the
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assessments shall be abandoned. A majority protest exists if, upon the conclusion of the
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hearing, written protests filed and not withdrawn, represent property owners owning more than
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50% of the assessable area of land within the District.15
NOTICE16
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 general18
1Q circulation within the City of Carlsbad, said publication to be completed not less than ten (10)
2Q days prior to the date set for the public hearing.
21 PROCEEDINGS INQUIRIES/PROTESTS
22 SECTION 7. For any and all information relating to these proceedings, including
23 information relating to protest procedure, your attention is directed to the person designated
24 below:
25 JOAN E. COX
ASSESSMENT ENGINEER
26 HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 337
27
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Page 4 of Resolution No.Exhibit 4
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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 9th day of May , 2006 by the following
vote, to wit:
AYES: Council Members Lewis, Hall, Kulchin, Packard, Sigafoose
NOES: None
ABSENT: None
ATTEST:
LORRAINE M. WOOD, city cierk
•$,