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HomeMy WebLinkAbout2012-05-22; City Council; Resolution 2012-109Exhibit 4 1 RESOLUTION NO. 2012-109 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS 2 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 4 6 7 8 9 10 WHEREAS, the City Council of the City of Carlsbad, California, has previously 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, 11 commencing with Section 22500), said special assessment district known and 12 designated as Street Lighting and Landscaping Distnct No. 1 (hereinafter referred to as 13 the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which assessments are not proposed to be increased, and is exempt from the procedures and requirements of all assessments under California Constitution Article XIIID § 5 (a); and WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to provide for the costs and expenses necessary to pay for the maintenance of the improvements within the Assessment District; and 15 16 17 18 19 20 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 designated and authorized improvements, as well as certain new and additional 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 intention of the City Council to levy and collect assessments to pay the annual costs and expenses for the maintenance and/or servicing of the improvements for the Assessment District, the improvements generally described as follows: 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: The maintenance of certain additional street lighting improvements and additional landscaping improvements, including replacement of street trees and median landscaping 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. BOUNDARIES OF ASSESSMENT DISTRICT SECTION 3. That said improvements are of direct benefit to the properties within 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 14 15 16 17 18 19 4^ Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. 3 4 5 6 7 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. PUBLIC HEARING 14 15 16 17 18 19 24 25 26 27 28 A. That the Report, as preliminarily approved by this legislative body, is on file with 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. SECTION 5. Notice is hereby given that a public hearing is scheduled in the regular meeting place ofthe City Council, being the Council Chambers, City Hall, on the following date and time: Tuesday, June 26, 2012, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the 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 exists if, upon the conclusion of the hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District. 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 Exhibit 4 NOTICE 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 general circulation within the City of Carisbad, said publication to be completed not less than ten (10) days prior to the date set for the public hearing. PROCEEDINGS INQUIRIES/PROTESTS SECTION 7. For any and all information relating to these proceedings, including information relating to protest procedure, your attention is directed to the person designated below: DENNIS A. ANDERSON ASSESSMENT ENGINEER HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 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 Mb PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council of the City of Carisbad on the 22""^ day of May, 2012, by the following vote to wit: AYES: NOES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. None. ABSENT: None. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MATT HALL,'Mayor ATTEST: RR>9(INE M. WOOD, City Clerk (SEAL)