HomeMy WebLinkAbout2005-06-14; City Council; Resolution 2005-1911
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Exhibit 2
RESOLUTION NO. *005-191
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 FOR STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 2.
WHEREAS, the City Council of the City of Carlsbad, California, has initiated proceedings for
:he levy of the annual special assessment district pursuant to the terms of the Landscaping and
Jghting Act of 1972 (Division 15, Part 2 of the State Streets and Highways Code, commencing with
Section 22500); the special assessment district is known and designated as Street Lighting and
-andscaping District No. 2 (hereinafter referred to as the "Assessment District"); and
WHEREAS, the Assessment District is an existing assessment district in which the maximum
dlowable assessment rates for each zone have been increased by the annual change in the
Zonsumer Price Index (CPI), as was approved by the City Council following a property owner vote,
and the proposed assessments to be levied are less than the allowable maximum rates and;
:herefore, this Assessment District is exempt from the procedures and requirements pursuant to
Zalifornia Article XlllD § 5 (a); and
WHEREAS, at this time, a public hearing has been held relating to the levy of the annual
assessments, and the City Council is now satisfied with the assessment and diagram and all other
matters as contained in the Engineer's Report (the "Report") as now submitted for final
zonsideration and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and nature be, and the same
iereby are, overruled and denied.
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Exhibit 2
CON F I RMATlO N
SECTION 3. That the final assessment and diagram for the proceedings, as contained in
the Engineer's Report, are hereby approved and confirmed.
SECTION 4. That the public interest and convenience requires and the City Council does
hereby order the maintenance work to be made and performed as set forth in the Report, and as
previously declared and set forth in the Resolution of Intention.
SECTION 5. That the assessments contained in the Report for the next fiscal year are
hereby confirmed and levied upon the respective lots or parcels of land in the Assessment District in
the amounts as set forth in the final Report. It is hereby further determined that all assessments
have been apportioned properly in accordance with the benefits that each parcel receives from the
proposed maintenance works of improvement.
FILING AND RECORDING
SECTION 6. 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 Engineering Department. Said
diagram and assessment, and the certified copy thereof, shall be open for public inspection.
SECTION 7. That the City Clerk is hereby ordered and directed to file a certified copy of the
diagram and assessment with the County Auditor. Said filing is to be made no later than the third
Monday in August, or as required by the County.
ENTRY UPON THE ASSESSMENT ROLL
SECTION 8. That after the 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.
COLLECTION AND PAYMENT
SECTION 9. The assessments shall be collected at the same time and in the 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.
Ill
Ill
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Exhibit 2
FISCAL YEAR
SECTION IO. That the assessments as above authorized and levied for these proceedings
rill provide revenue and relate to the fiscal year commencing July 1, 2005 and ending June 30,
006.
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
eld on the 14th day of JUNE , 2005 by the following vote, to wit:
AYES: Council Members Hall, Packard , Sigaf oose
NOES: None
ABSENT: Council Members Lewis, Kulchin
CLAUDE A. LWIS, Mayor Mayor Pro Tem Matt Hall
ATTEST:
(SEAL)