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HomeMy WebLinkAbout1995-08-08; City Council; Resolution 95-225* II 0 0 1 2 3 RESOLUTION NO. 95-225 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, CONFIRMING ME DIAGRAM AND ASSESSMENT ANC i PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT i 4 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has init 5 created pursuant to the terms of the "Landscaping and Lighting Act of 1972", being Dic 6 proceedings for the levy of the annual assessment for a landscaping and lighting di 9 maintenance district known and designated as Street Lighting and Landscaping Distric 8 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), in a SF 7 1 (hereinafter referred to as the "District"); and , 10 WHEREAS, at this time two public hearings have been held relating to the levy 1 x' //annual assessments, and this City Council is now satisfied with the assessment and dis 12 13 14 and all other matters as contained in the Engineer's "Report" as now submitted fo consideration and approval. 15 16 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS 17 /I SECTION 1. That the above recitals are all true and correct. 18 19 I PROTESTS SECTION 2. That all protests and objections of every kind and nature be, and the 20 CONFIRMATION 21 hereby are, overruled and denied. 22 SECTION 3. That the final assessment and diagram for the proceedings, as cor 23 11 in the Engineer's "Report" is hereby approved and confirmed. 24 25 26 27 SECTION 4. That the public interest and convenience requires, and this legislativ does hereby order the maintenance work to be made and performed as said maint work is set forth in the Engineer's "Report", and as previously declared and set fortl 28 I! 0 e Resolution of Intention. 1 SECTION 5. That the assessments contained in said "Report" for the next fiscal yea 2 3 hereby confirmed and levied upon the respective lots or parcels of land in the District it 4 amounts as set forth in said final "Report." It is hereby further determined that all assessrr 5 have been apportioned properly in accordance with the benefits that each parcel receives 6 the proposed maintenance works of improvement. 7 8 SECTION 6. Future assessment increases will be caused by reason of increases i 9 LO costs of labor, materials and utility cost increases applied to energy rates and water 11 Assessments can be subsequently modified and increased, as authorized by Section 54 of the Streets and Highways Code of the State of California, to reflect annual increases 12 costs of labor and materials based upon the Consumer Price index, San Diego, as pub 13 by the Department of Labor, computed for the first Index in March of each year, and 14 above referenced changes will not constitute new and/or increased assessments rec 15 additional notification. 16 FILING AND RECORDING ANNUAL ASSESSMENT INCREASE l7 /I SECTION 7. That the above referenced diagram and assessment shall be filed I.8 I/ office of the City Clerk, with a certified copy to be filed in the office of the Admini: 19 /I 1 Coordinator-Special Districts. Said diagram and assessment, and the certified copy tl 20 21 22 23 24 25 26 shall enter on the County Assessment Roll opposite each lot or parcel of land the 27 SECTION 9. That after the filing of the diagram and assessment, the County shall be open for public inspection. SECTION 8. That the City Clerk is hereby ordered and directed to immediate1 certified copy of the diagram and assessment with the County Auditor. Said filing to bc no later than the third Monday in August. ENTRY UPON THE ASSESSMENT ROLL 28 I/ e e v //assessed thereupon, as shown in the assessment. 1 2 COLLECTION AND PAYMENT SECTION 10. The assessments shall be collected at the same time and in the s 3 llmanner as County taxes are collected, and all laws providing for the collection 4 5 enforcement of County taxes shall apply to the collection and enforcement of the assessml 6 7 FISCAL YEAR SECTION 11. That the assessments as above authorized and levied for t I 8 9 proceedings will provide revenue and relate to the fiscal year commencing July 1, 1995 ending June 30, 1996. 10 PASSED, APPROVED AND ADOPTED by the Clty Council of the City of Carlsbad 11 regular meeting held on the 8th day of August , 1995 t: 12 following vote, to wit: 13 AYES: Council Members Lewis, Nygaard, Kulchin, Finnila and Hall 14 NOES: None 15 16 17 18 ABSENT: None ALETHA L. RAUTENKRANZ, City Clerk 21 (SEAL) 22 23 24 25 26 27 28