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HomeMy WebLinkAbout2014-05-20; City Council; Resolution 2014-086Exhibit 4 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 RESOLUTION NO. 2014-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN A SPECIAL ASSESSMENT DISTRICT, AND SETTING A TIME AND PLACE FOR A PUBLIC HEARING THEREON 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, commencing with Section 22500), said special assessment district known and designated as Street Lighting and Landscaping District No. 1 (hereinafter referred to as 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 WHEREAS, there has been presented and approved by this City Council the Engineer's Report (the "Report"), as required by law, and this City Council is desirous of 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. u\3 Exhibit 4 1 NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: 2 RECITALS SECTION 1. That the above recitals are all true and correct. 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 median 4 5 6 7 8 9 .|0 landscaping improvements, as set forth and described in the Report 11 The proposed new improvements to be maintained and serviced caused generally 12 by new development are described as follows 13 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 the boundaries ofthe Assessment District, which Assessment District the legislative body 21 previously declared to be the area benefited by the improvement, and for particulars 22 reference is made to the boundary map as previously approved by the City Council, a 23 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 2« 15 16 17 18 19 20 4 5 6 7 8 9 10 Exhibit 4 1 REPORT OF ENGINEER 2 SECTION 4. ^ 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 ofthe improvements to be maintained, the boundaries ofthe Assessment District and any zones therein, and the proposed assessments upon assessable lots and parcels of land within the Assessment District. B. All Street Lighting Improvement Zone, Street Tree Improvement Zone and 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 same 12 unit rates as the previous year. 13 PUBLIC HEARING 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: Tuesday, June 24, 2014, at 6:00 p.m. At that time this legislative body will hear protests or objections in reference to the 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 ofthe hearing, written protests filed and not withdrawn, represent property owners owning more than 50% of the assessable area of land within the District 14 15 16 17 18 19 20 25 26 27 28 IA5 Exhibit 4 1 NOTICE 2 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 Carlsbad, 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 ^0 designated below: 11 DENNIS A. ANDERSON ASSESSMENT ENGINEER 12 HARRIS & ASSOCIATES TELEPHONE: (800) 827-4901 EXT. 2334 13 Owners of property within the Assessment District may mail written protests to the 15 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 " M6J 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 ofthe City Council ofthe City of Carlsbad on the 20th day of May 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, City Cferk <• v-^ .-