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HomeMy WebLinkAbout2007-05-08; City Council; Resolution 2007-1021 Exhibit 4 RESOLUTION NO. 2007-102 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS 3 INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A 4 SPECIAL ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 6 7 WHEREAS, the City Council of the City of Carlsbad, California, has previously 8 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 12 designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as 13 the "Assessment District"); and 14 WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased as defined by Article XIIID of the 16 California Constitution (Proposition 218) and the Proposition 218 Omnibus 17 Implementation Act, and is exempt from the procedures and requirements of all 18 assessments under California Constitution Article XIIID § 5 (a); and 19 WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal 21 year to provide for the costs and expenses necessary to pay for the maintenance of the 22 improvements within the Assessment District; and 23 WHEREAS, there has been presented and approved by this City Council the 24 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of 25 continuing with the proceedings for said annual levy; and PR WHEREAS, the improvements to be maintained shall consist of all originally 27 designated and authorized improvements, as well as certain new and additional 28 improvements. Exhibit 4 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2 RECITALS 3 SECTION 1. That the above recitals are all true and correct. 4 SECTION 2. That the public interest and convenience requires, and it is the O intention of the City Council to levy and collect assessments to pay the annual costs 7 and expenses for the maintenance and/or servicing of the improvements for the 8 Assessment District, the improvements generally described as follows: 9 The maintenance of certain street lighting improvements, street trees, and 10 median landscaping improvements, as set forth and described in the Report. The proposed new improvements to be maintained and serviced caused 13 generally by new development are described as follows: 14 The maintenance of certain additional street lighting improvements and 15 additional landscaping improvements, including replacement of street trees and median 1 R landscaping improvements, all as set forth and described in the Report, which is hereby 17 ordered to be kept on file and open for public inspection in the Office of the City Clerk. 18 19 BOUNDARIES OF ASSESSMENT DISTRICT 20 SECTION 3. That said improvements are of direct benefit to the properties within 21 the boundaries of the Assessment District, which Assessment District the legislative 22 body previously declared to be the area benefited by the improvement, and for 23 particulars, reference is made to the boundary map as previously approved by the City 24 Council, a copy of which is on file in the office of the City Clerk and open for public ^O 26 inspection, and is designated by the name of this Assessment District. 27 28 Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. 3 A. That the Report, as preliminarily approved by this legislative body, is on 5 file with the City Clerk and open for public inspection. Reference is made to the Report 6 for a full and detailed description of the improvements to be maintained, the boundaries 7 of the Assessment District and any zones therein, and the proposed assessments upon o assessable lots and parcels of land within the Assessment District. 9 B. The Assessment District is an existing assessment district in which 10 assessments are not proposed to be increased as defined by Article XIIID of the California Constitution (Proposition 218) and the Proposition 218 Omnibus 13 Implementation Act. 14 PUBLIC HEARING 15 SECTIONS. Notice is hereby given that a public hearing is scheduled in the 1 R regular meeting place of the City Council, being the Council Chambers, City Hall, on the 17 following date and time: 18 Tuesday, July 10, 2007, at 6:00 p.m.i y 20 At that time this legislative body will hear protests or objections in reference to 21 the annual levy of assessments and to any other matters contained in this resolution. 22 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 24 majority protest against the levy of an annual assessment that is increased from the 25 previous year, the proposed increase in the assessments shall be abandoned. A 26 majority protest exists if, upon the conclusion of the hearing, written protests filed and 28 not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District. 33 Exhibit 4 1 NOTICE 2 SECTION 6. That the City Clerk is hereby authorized and directed to give notice 3 as required by law by causing a copy of this Resolution to be published in a newspaper 4 of general circulation within the City of Carlsbad, said publication to be completed not O less than ten (10) days prior to the date set for the public hearing. 7 PROCEEDINGS INQUIRIES/PROTESTS 8 SECTION 7. For any and all information relating to these proceedings, including 9 information relating to protest procedure, your attention is directed to the person designated below: 11 JOAN E. COX 12 ASSESSMENT ENGINEER HARRIS & ASSOCIATES 13 TELEPHONE: (800) 827-4901 EXT. 337 14 Owners of property within the Assessment District may mail written protests to the 15 following address: 16 CITY CLERK CITY OF CARLSBAD 17 1200 CARLSBAD VILLAGE DRIVE 18 CARLSBAD, CA 92008 19 20 21 " 22 // 23 // 24 // 25 26 27 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 8th day of May, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard NOES: None ABSENT: None ATTEST: