HomeMy WebLinkAbout2003-11-04; City Council; Resolution 2003-2941
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Exhibit 2
RESOLUTION NO. 2003-294
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD APPROVING THE ASSESSMENT ENGINEER’S
REPORT FOR PROCEEDINGS FOR THE FORMATION OF AND
LEVY OF ASSESSMENTS WITHIN STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 2
WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, pursuant to
the terms of the “Landscaping and Lighting Act of 1972, being Division 15, Part 2 of the Streets
and Highways Code of the State of California (the “1972 Act“), Article XlllD of the Constitution of
the State of California (“Article XlllD) and the Proposition 218 Omnibus Implementation Act
(Government Code Section 53750 and following) (the “Implementation Act“) (the 1972 Act,
Article XlllD and the Implementation Act are referred to collectively as the “Assessment Law”),
did, by previous Resolution, initiate proceedings to form a special assessment district and
ordered the preparation of an Assessment Engineer‘s Report for the levy of assessments within
such proposed district, such special assessment district known and designated as STREET
LIGHTING AND LANDSCAPING DISTRICT NO. 2 (the “Maintenance District“); and,
WHEREAS, there has now been presented to this City Council the Assessment
Engineer’s Report as required by the Assessment Law and as previously directed by Resolution;
and,
WHEREAS, this City Council has now carefully examined and reviewed the Assessment
Engineer’s Report as presented, and is satisfied with information as set forth therein, and is
satisfied that the assessments, on a preliminary basis, have been spread in accordance with the
special benefits received from the improvements to be maintained and serviced, as set forth in
the Assessment Engineer’s Report.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
California, as follows:
1.
2.
Recitals. The above recitals are all true and correct.
Assessment Enaineer‘s ReDort. The Assessment Engineer’s Report as presented
consists of the following:
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Exhibit 2
A. Plans and specifications describing the general nature, location and
extent of the improvements to be maintained and serviced and the extent of the
maintenance and service work;
B. An estimate of the cost of the maintenance and servicing of the
improvements for the Maintenance District for (a) the fiscal year commencing after the
completion and acceptance of all improvements to ultimately be maintained and (b)
Fiscal Year 2003-2004;
C. A diagram for the Maintenance District, showing the area and properties
proposed to be assessed;
D. (I) A maximum annual assessment of the estimated costs of the
maintenance and servicing of all of the improvements to ultimately be installed andlor
maintained upon the completion and acceptance of thereof for maintenance, assessing
the net amount upon all assessable lots andlor parcels within the Maintenance District in
proportion to the special benefits received; together with a formula pursuant to which
such maximum assessment may be adjusted annually for inflation.
(2) An annual assessment for Fiscal Year 2003-04 of the estimated
costs of the installation andlor maintenance of those improvements to be installed andlor
maintained during such Fiscal Year, assessing the net amount upon all assessable lots
andlor parcels within the Maintenance District in proportion to the special benefits
received.
The Assessment Engineer’s Report, as presented, is hereby approved on
a preliminary basis, and is ordered to be filed in the Office of the City Clerk as a
permanent record and to remain open to public inspection.
3.
Ill
Ill
Ill
Effective Date. This Resolution shall take effect immediately upon its adoption.
Ill
Page 2 of 3 of Resolution No. 2003-294.
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Exhibit 2
PASSED, APPROVED AND'ADOPTED at a regular meeting of the Carlsbad City
Council held on the 4th day of kvember ,2003 by the following vote, to wit:
AYES: Council Nembers Lewis, Finnila, Kulchin, Hall and Packard
Page 3 of 3 of Resolution No. 2003-294
CLAUDE A. LEWIS, Mayor
(Seal)
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