HomeMy WebLinkAbout2000-06-20; City Council; Resolution 2000-200*? ,
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RESOLUTION NO. 2000-200
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, ADOPTING ANNUAL BENEFIT
ASSESSMENTS FOR THE BUENA VISTA CHANNEL
MAINTENANCE DISTRICT.
WHEREAS, the City Council of the City of Carlsbad, California, did form the Buena Vista
Channel Maintenance District in 1989 pursuant to the petition of the property owners and
pursuant to the terms and provisions of the Benefit Assessment Act of 1982, being Chapter 6.4,
Division 2, Title 5 of the Government Code of the State of California, commencing with Section
54703, said area of benefit being known and designated as Benefit Area No. 1 (hereinafter
referred to as the Benefit Area); and
WHEREAS, at this time this legislative body is now satisfied with the Annual Report as
submitted (Attachment A) for the levy of the benefit assessments, and is ready to proceed to levy
the annual assessments on each parcel of benefiting property within boundaries of the Benefit
Area; and
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Carlsbad as
follows:
RECITALS
SECTION 1. The above recitals are true and correct.
BOUNDAIRES
SECTION 2. That the boundaries and parcels as originally approved and shown within
the area of benefit designated as Benefit Area No. 1 and are as shown in Attachment B attached
hereto, are still determined to be the properties benefiting from the proposed works of
maintenance, said properties lying within the boundaries of the cities of Oceanside and Carlsbad.
No changes are proposed in the boundaries of the benefit area.
ASSESSMENTS
SECTION 3. That it is hereby determined and ordered as follows:
1. That it is concluded at this time there is sufficient money in the maintenance
district’s fund balance to cover the cost of any services to be performed within the next fiscal
year.
2. That the annual levy of assessments has been reduced for the next fiscal year
(2000-2001) as shown in Attachment “A”.
. c
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3. That a return to the original formation assessment fee schedule in Fiscal Year
2001-2002’s assessment processing would not be considered as “subsequently increased” within
the meaning of California Constitutional Act XIIID Q 5 as further defined by GC § 53750(h).
MAINTENANCE WORK
SECTION 4. That it is hereby further ordered that the works of maintenance to be
performed are generally described as follows:
All necessary work and services for the maintenance and drainage of the Buena Vista
Creek Channel between Jefferson Street and El Camino Real, including the removal of sediment,
vegetation and other debris and all other works of maintenance, said work to be performed within
the cities of Oceanside and Carlsbad.
The work will consist of periodic cleaning of the overgrowth and silt that impedes the free
flow of water in the creek channel. A typical method of removal would be by utilization of
dredging equipment consisting of a drag line and/or muck pump. At times this may require the
removal of dense vegetation materials by hand.
NOTICE
SECTION 5. That immediately upon the adoption of this Resolution, the City Clerk shall
cause notice to be given in the following manner:
1. Deliver the annual Report and Levy of the Engineer consisting of the assessment
and diagram to the Public Works Director of the City of Carlsbad, and said Public Works Director
shall immediately place for record said diagram and assessment in a suitable book as a
permanent record.
2. Cause a certified copy of the assessment diagram and annual assessment levy to
be immediately filed with the City Engineer of the City of Oceanside.
3. Cause a certified copy of the assessment diagram and annual assessment levy
to be immediately filed with the County Auditor, said filing to be completed no later than
August 10,200O.
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1 ASSESSMENT COLLECTION.
2 SECTION 6. That the above confirmed and levied annual assessment shall be collected
12 CLAUDE A\ LEWIS, Mayor Matt Hall, Mayor ProTem
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15 %5!4M
L@RJ&NE w WOOD, City Clerk (SEAL)
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3 at the same time and in the same manner as general County property taxes are collected and all
4 laws providing for that collection and enforcement of these assessments.
5 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
6 held on the 20th day of June I 2000 by the following vote, to
7 wit:
8 AYES: Council Members Hall, Nygaard and Kulchin
9 NOES: None
10 ABSENT: Council Members Lewis and Finnila
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