HomeMy WebLinkAbout2015-06-09; City Council; Resolution 2015-13413
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EXHIBIT 4
1 RESOLUTION NO. 2015-134
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3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, DECLARING ITS INTENTION TO PROVIDE FOR AN
4 ANNUAL LEVY AND COLLECTION OF ASSESSMENTS IN LIGHTING
AND LANDSCAPING DISTRICT NO. 2, A SPECIAL ASSESSMENT
5 DISTRICT AND SETTING A TIME AND PLACE FOR A PUBLIC
HEARING THERON
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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 ofthe State Streets and Highways Code, commencing with Section 22500),
11 said special assessment district known and designated as Street Lighting and Landscaping
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District No. 2 (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 as defined by Article XIIID of the California
Constitution (Proposition 218) and the Proposition 218 Omnibus Implementation Act, and is
J7 exempt from the procedures and requirements of all assessments under California Constitution
18 Article XIIID §5 (a); and
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WHEREAS, the City Council wishes levy assessments for the next ensuing fiscal year to
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provide for the costs and expenses necessary to pay for the maintenance ofthe improvements
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within the Assessment District; and
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23 WHEREAS, there has been presented and approved by this City Council the Engineer's
24 Report (the "Report"), as required by law, and this City Council is desirous of continuing with the
25 proceedings for said annual levy; and
and authorized improvements, as well as certain new and additional improvements.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California as follows:
1. That the above recitations are true and correct.
1 WHEREAS, the improvements to be maintained shall consist of all originally designated
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7 2. That the public interest and convenience requires, and it is the intention of the City
8 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 landscaping
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j3 improvements, as set forth and described in the Report. The proposed new
14 improvements to be maintained and serviced caused generally by new
15 development are described as follows: the maintenance of certain additional street
lighting improvements and additional landscaping improvements, including
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replacement of street trees and median landscaping improvements, all as set forth
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and described in the Report, which is hereby ordered to be kept on file and open
2Q for public inspection in the Office ofthe City Clerk.
21 3. That said improvements are of direct benefit to the properties within the
22 boundaries of the Assessment District, which Assessment District the legislative
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body previously declared to be the area benefited by the improvement, and for
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particulars, reference is made to the boundary map as previously approved by the
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1 City 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.
4. 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
7 boundaries of the Assessment District and any zones therein, and the proposed
8 assessments upon assessable lots and parcels of land within the Assessment
District. The Assessment District is an existing assessment district in which
assessments are not proposed to be increased as defined by Article XIIID of the
California Constitution (Proposition 218) and the Proposition 218 Omnibus
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13 Implementation Act
14 5. Notice is hereby given that a public hearing is scheduled in the regular meeting
15 place ofthe City Council, being the Council Chambers, City Hall, on the following
date and time:
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Tuesday, July 14,2015, at 6:00 p.m.
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At that time this legislative body will hear protests or objections in reference to
2Q the annual levy of assessments and to any other matters contained in this
21 resolution. Any persons who wish to object to the proceedings or the annual
22 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
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1 conclusion of the hearing, written protests filed and not withdrawn, represent
2 property owners owning more than 50% of the assessable area of land within the
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District.
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6. That the City Clerk is hereby authorized and directed to give notice as required by
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law by causing a copy of this Resolution to be published in a newspaper of general
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7 circulation within the City of Carlsbad, said publication to be completed not less
8 than ten (10) days prior to the date set for the public hearing.
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:
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13 DENNIS A. ANDERSON
ASSESSMENT ENGINEER
14 HARRIS & ASSOCIATES
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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
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PASSED, APPROVED AND ADOPTED at a Regular Meeting ofthe City Council ofthe City
of Carlsbad on the 9*^ day of June, 2015, by the following vote to wit:
AYES:
NOES:
Council Members Hall, Blackburn, Schumacher, Wood, Packard.
None.
ABSENT: None.
3MM^
MATT HALL, Mayor
ATTEST:
BARBARA ENGLESON , Clerk
(SEAL)