HomeMy WebLinkAbout2013-05-28; City Council; Resolution 2013-121Exhibit 1
1 RESOLUTION NO. 2013-121
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 TWO
SPECIAL ASSESSMENT DISTRICTS, AND SETTING
5 A TIME AND PLACE FOR A PUBLIC HEARING
THEREON
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WHEREAS, the City Council of the City of Carlsbad, California, has previously
formed two special assessment districts pursuant to the terms of the Landscaping and
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Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code,
-I-I commencing with Section 22500), said special assessment districts known and
12 designated as Street Lighting and Landscaping District No. 1 and Street Lighting and
13 Landscaping District No. 2 (hereinafter referred to as the "Assessment Districts"); and
WHEREAS, the Assessment Districts are existing assessment districts in which
assessments are not proposed to be increased, and are exempt from the procedures
and requirements of all assessments under California Constitution Article XlllD § 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 Districts; and
22 WHEREAS, there has been presented and approved by this City Council the
23 Engineer's Report (the "Report"), as required by law, and this City Council is desirous of
24 continuing with the proceedings for said annual levy; and
WHEREAS, the improvements to be maintained shall consist of all originally
designated and authorized improvements, as well as certain new and additional
improvements.
Exhibit 1
1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
2 RECITALS
SECTION 1. That the above recitals are all true and correct
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SECTION 2. That the City Council of the City of Carlsbad, California hereby
continues the public hearing previously set on May 14, 2013 through Resolutions 2013-
109 and 2013-112, from June 25, 2013 to July 9, 2013 for Lighting and Landscaping
Districts No. 1 and No. 2.
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g SECTION 3. That the public interest and convenience requires, and it is the
10 intention of the City Council to levy and collect assessments to pay the annual costs and
11 expenses for the maintenance and/or servicing of the improvements for the Assessment
12 Districts, the improvements generally described as follows:
The maintenance of certain street lighting improvements, street trees, and
median landscaping improvements, as set forth and described in the Report.
The proposed new improvements to be maintained and serviced caused
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
20 landscaping improvements, all as set forth and described in the Report, which is hereby
21 ordered to be kept on file and open for public inspection in the Office of the City Clerk.
22 PUBLIC HEARING
23 SECTION 3. Notice is hereby given that a public hearing is scheduled in the
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regular meeting place of the City Council, being the Council Chambers, City Hall, on the
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following date and time:
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Tuesday, July 9, 2013, at 6:00 p.m.
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Exhibit 1
1 At that time this legislative body will hear protests or objections in reference to the
2 annual levy of assessments and to any other matters contained in this resolution. 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 majority
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
10 the District.
11 NOTICE
12 SECTION 4. That the City Clerk is hereby authorized and directed to give notice
13 as required by law by causing a copy of this Resolution to be published in a newspaper
of general circulation within the City of Carlsbad, said publication to be completed not
less than ten (10) days prior to the date set for the public hearing.
PROCEEDINGS INQUIRIES/PROTESTS
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20 designated below
SECTION 5. For any and all information relating to these proceedings, including
information relating to protest procedure, your attention is directed to the person
21 DENNIS A. ANDERSON
ASSESSMENT ENGINEER
22 HARRIS & ASSOCIATES
TELEPHONE: (800) 827-4901 EXT. 2334
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Exhibit 1
1 Owners of property within the Assessment District may mail written protests to the
2 following address:
^ CITY CLERK
4 CITY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE
5 CARLSBAD, CA 92008
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 28th day of May 2013, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Packard, Wood, Blackburn, Douglas.
None.
ABSENT: None.
B^S^RJ^WGU,ESON,^ty Clerk