HomeMy WebLinkAbout2009-05-19; City Council; Resolution 2009-112Exhibit 4
1 RESOLUTION NO. 2009-112
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
SPECIAL ASSESSMENT DISTRICT, AND SETTING A
5 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
y
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. 1 (hereinafter referred to as
13 the "Assessment District"); and
14 WHEREAS, the Assessment District is an existing assessment district in which
15 assessments are not proposed to be increased, and is exempt from the procedures and
16 requirements of all assessments under California Constitution Article XIIID § 5 (a); and
17
WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal
18
year to provide for the costs and expenses necessary to pay for the maintenance of the
19
improvements within the Assessment District; and
21 WHEREAS, there has been presented and approved by this City Council the
22 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of
23 continuing with the proceedings for said annual levy; and
24 WHEREAS, the improvements to be maintained shall consist of all originally
*}C
designated and authorized improvements, as well as certain new and additional
26 improvements.
27
28
Exhibit 4
1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
2 RECITALS
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
5
intention of the City Council to levy and collect assessments to pay the annual costs and
6
expenses for the maintenance and/or servicing of the improvements for the Assessment
7
District, the improvements generally described as follows:8
g The maintenance of certain street lighting improvements, street trees, and
10 median landscaping improvements, as set forth and described in the Report.
11 The proposed new improvements to be maintained and serviced caused
12 generally by new development are described as follows:
13 The maintenance of certain additional street lighting improvements and additional
14 landscaping improvements, including replacement of street trees and median
15 landscaping improvements, all as set forth and described in the Report, which is hereby
16
ordered to be kept on file and open for public inspection in the Office of the City Clerk.
17
BOUNDARIES OF ASSESSMENT DISTRICT18
SECTION 3. That said improvements are of direct benefit to the properties withinI y
20 the boundaries of the Assessment District, which Assessment District the legislative
21 body previously declared to be the area benefited by the improvement, and for
22 particulars, reference is made to the boundary map as previously approved by the City
23 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.
25
26
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 file
4
with the City Clerk and open for public inspection. Reference is made to the Report for
5
a full and detailed description of the improvements to be maintained* the boundaries of
6
the Assessment District and any zones therein, and the proposed assessments upon
7
assessable lots and parcels of land within the Assessment District.
8
g B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and
10 Median Landscaping Improvement Zone assessments are to remain the same as the
11 previous year and all new assessments added to the tax roll will be calculated at the
12 same unit rates as the previous year.
13 PUBLIC HEARING
14 SECTION 5. Notice is hereby given that a public hearing is scheduled in the
15 regular meeting place of the City Council, being the Council Chambers, City Hall, on the
16
following date and time:
17
Tuesday, July 7, 2009, at 6:00 p.m.
18
At that time this legislative body will hear protests or objections in reference to thei y
20 annual levy of assessments and to any other matters contained in this resolution. Any
21 persons who wish to object to the proceedings or the annual levy should file a written
22 protest with the City Clerk prior to the time set for the public hearing. If there is a majority
23 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
25 exists if, upon the conclusion of the hearing, written protests filed and not withdrawn,
26
represent property owners owning more than 50% of the assessable area of land within
27
the District.
28
Exhibit 4
1 NOTICE
2 SECTION 6. That the City Clerk is hereby authorized and directed to give notice
o 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
5
less than ten (10) days prior to the date set for the public hearing.
6
PROCEEDINGS INQUIRIES/PROTESTS
7
SECTION 7. For any and all information relating to these proceedings, including8
g information relating to protest procedure, your attention is directed to the person
10 designated below:
11 JOAN E. COX
ASSESSMENT ENGINEER
12 HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 233713
14 Owners of property within the Assessment District may mail written protests to
15 the following address:
16
CITY CLERK
17 CITY OF CARLSBAD
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 19th day of May, 2009, by the following vote to wit:
AYES: Council Members Lewis, Hall, Packard and Blackburn.
NOES: None.
ABSENT: Council Member Kulchin.
ATTEST:
.
"LORRAINE M. WOOD, City Clerk7
(SEAL)