HomeMy WebLinkAbout1998-07-14; City Council; Resolution 98-234ll 0 0
I ll RESOLUTION NO. 98-234
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A 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 lighting district created
pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 oi
the Streets and Highways Code of the State of California (the "Act"), in a special maintenance
district known and designated as Street Lighting and Landscaping District No. 1 (hereinaftel
referred to as the "District"); and ,
WHEREAS, the Maintenance District is an existing assessment district in whict-
assessments are not proposed to be increased, and is exempt from the procedures anc 11 requirements of all assessments under California Constitution Act XlllD § 5 (a).
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WHEREAS, at this time a public hearing has been held relating to the levy of the annua
assessments, and this City Council is now satisfied with the assessment and diagram and al
other matters as contained in the Engineer's Report as now submitted for final consideration anc
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approval. 17
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 18
,I9 (I RECITALS
SECTION 1. That the above recitals are all true and correct. 20
PROTESTS 21
SECTION 2. That all protests and objections of every kind and nature be, and the samc 22
23 hereby are, overruled and denied.
CONFIRMATION 24
25 SECTION 3. That the final assessment and diagram for the proceedings, as contained it
26 the Engineer's Report is hereby approved and confirmed.
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1 SECTION 4. That the public interest and convenience requires, and this legislative body
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Intention. 4
is set forth in the Engineer's Report, and as previously declared and set forth in the Resolution oi 3
does hereby order the maintenance work to be made and performed as said maintenance work
5 SECTION 5. That the assessments contained in said "Report" for the next fiscal year are
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SECTION 6. Future assessment increases will be caused by reason of increases in the 11
ANNUAL ASSESSMENT INCREASE 10
the proposed maintenance works of improvement. 9
have been apportioned properly in accordance with the benefits that each parcel receives from 8
amounts as set forth in said final "Report." It is hereby further determined that all assessments 7
hereby confirmed and levied upon the respective lots or parcels of land in the District in the
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costs of labor, materials and utility cost increases applied to energy rates and water fees.
SECTION 7. That the above referenced diagram and assessment shall be filed in the 20
FILING AND RECORDING 19
notification. 18
referenced changes will not constitute new andlor increased assessments requiring additional 17
Department of Labor, computed for the first index in March of each year, and those above 16
and materials based upon the Consumer Price Index, San Diego, as published by the 15
the Government Code of the State of California to reflect annual increases in the costs of labol 14
Assessments can be subsequently modified and increased, as authorized by Section 54954.6 o
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be open for public inspection. 23
Coordinator-Special Districts. Said diagram and assessment, and the certified copy thereof, shal 22
office of the City Clerk, with a certified copy to be filed in the office of the Administrative
24 SECTION 8. That the City Clerk is hereby ordered and directed to immediately file a
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later than the third Monday in August. 26
certified copy of the diagram and assessment with the County Auditor. Said filing to be made nc
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ENTRY UPON THE ASSESSMENT ROLL
2 SECTION 9. That after the filing of the diagram and assessment, the County Auditor shall
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COLLECTION AND PAYMENT 5
thereupon. 4
enter on the County Assessment Roll, opposite each lot or parcel of land, the amount assessed
SECTION IO. The assessments shall be collected at the same time and in the same mannel
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as County taxes are collected, and all laws providing for the collection and enforcement 0'
ending June 30, 1999. 12
proceedings will provide revenue and relate to the fiscal year commencing July 1, 1998 an( 11
SECTION 11. That the assessments as above authorized and levied for thest 10
FISCAL YEAR 9
County taxes shall apply to the collection and enforcement of the assessments.
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14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci
15 held on the 14th day of July , 1998 by the following vote, to wit:
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NOES: None 17
AYES: Council Members Lewis, Pinnila, Nygaard, Kulchin and Hall
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22 I I ATTEST:
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ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL)