HomeMy WebLinkAbout1996-07-23; City Council; Resolution 96-262r,
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RESOLUTION NO. 96-262
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA CONFIRMING THE DIAGRAM AND ASSESSMENT
AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT IN
A SPECIAL MAINTENANCE DISTRICT
WHEREAS, the City Council of the City of Carlsbad, California has initiated
proceedings for the levy of the annual assessment for a landscaping and lightir
district created pursuant to the terms of the Landscaping and Lighting Act of 197
being Division 15, Part 2 of the Streets and Highways Code of the State of Califorr
(the “Act”), in a special maintenance district known and designated as Street
Lighting and Landscaping District No. 1 (hereinafter referred to as the “District”);
and,
WHEREAS, at this time two public hearings have been held relating to the
levy of the annual assessments, and this City Council is now satisfied with the
assessment and diagram and all other matters as contained in the Engineer’s
Report as now submitted for final consideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and nature be, ar
the same hereby are, overruled and denied.
CONFIRMATION
>I SECTION 3. That the final assessment and diagram for the proceedings, as
contained in the Engineer’s Report is hereby approved and confirmed.
SECTION 4. That the public interest and convenience requires, and this
legislative body does hereby order the maintenance work to be made and
performed as said maintenance work is set forth in the Engineer’s Report, and as
previously declared and set forth in the Resolution of Intention.
SECTION 5. That the assessments contained in said Report for the next fisca
year are hereby confirmed and levied upon the respective lots or parcels of lanc
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in the District in the amounts set forth in said final Report. It is hereby further
determined that all assessments have been apportioned properly in accordanct
with the benefits that each parcel receives from the proposed maintenance wor
of improvement.
ANNUAL ASSESSMENT INCREASE
SECTION 6. Future assessment increases will be caused by reason of
increases in the costs of labor, materials and utility cost increases applied to ener
rates and water fees. Assessments can be subsequently modified and increasec
as authorized by Section 54954.6 of the Streets and Highways Code of the State c
California, to reflect annual increases in the costs of labor and materials based
upon the Consumer Price Index, Sun Diego, as published by the Department of
Labor, computed for the first index in March of each year, and those above
referenced changes will not constitute new and/or increased assessments
requiring additional notification.
FILING AND RECORDING
SECTION 7. That the above referenced diagram and assessment shall be
filed in the office of the City Clerk, with a certified copy to be filed in the office of
the Administrative Coordinator-Special Districts. Said diagram and assessment, ai
the certified copy thereof, shall be open for public inspection.
SECTION 8. That the City Clerk is hereby ordered and directed to
immediately file a certified copy of the diagram and assessment with the Count)
Auditor. Said filing to be made no later than the third Monday in August.
ENTRY UPON THE ASSESSMENT ROLL
SECTION 9. That after filing of the diagram and assessment, the County
auditor shall enter on the County Assessment Roll opposite each lot or parcel of
land the amount assessed thereupon, as shown on the assessment.
COLLECTION AND PAYMENT
SECTION 10. The assessments shall be collected at the same time and in tt
same manner as County taxes are collected, and all laws providing for the
collection and enforcement of County taxes shall apply to the collection and
enforcement of the assessments.
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FISCAL YEAR
SECTION 1 1. That the assessments as above authorized and levied for the
proceedings will provide revenue and relate to the fiscal year commencing Juli
1996 and ending June 30,1997.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Carlsbad c
its regular meeting held on the 23rd day of JULY ,1996
the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Nygaard, Kulchin, Finnila, Hall
ATTEST:
(2dZd.&4.4as,,
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)