HomeMy WebLinkAbout2007-07-10; City Council; Resolution 2007-174Exhibit 2
1 RESOLUTION NO. 2007-174
2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM
3 AND ASSESSMENT AND PROVIDING FOR THE LEVY OF
. THE ANNUAL ASSESSMENT FOR STREET LIGHTING
AND LANDSCAPING DISTRICT NO. 1
5
6 WHEREAS, the City Council of the City of Carlsbad, California, has initiated
7 proceedings for the levy of the annual special assessment district pursuant to the terms
8 of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streets
9
and Highways Code, commencing with Section 22500); the special assessment district
10 is known and designated as Street Lighting and Landscaping District No. 1 (hereinafter
11
referred to as the "Assessment District"); and
12
WHEREAS, the Assessment District is an existing assessment district in which
assessments are not proposed to be increased, and is therefore exempt from the
15 procedures and requirements pursuant to California Constitution Article XIIID § 5 (a);
16 and
17 WHEREAS, at this time, a public hearing has been held relating to the levy of the
18 annual assessments, and the City Council is now satisfied with the assessment and
19 diagram and all other matters as contained in the Engineer's Report (the "Report") as
20 now submitted for final consideration and approval.
21
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
22
RECITALS23
SECTION 1. That the above recitals are all true and correct.
25 PROTESTS
26 SECTION 2. That all protests and objections of every kind and nature be, and
27 the same hereby are, overruled and denied.
28
&\
Exhibit 2
1 CONFIRMATION
2 SECTION 3. That the final assessment and diagram for the proceedings, as
3 uui nan
SECTION 4. That the public interest and convenience requires and the City
contained in the Engineer's Report, are hereby approved and confirmed.
4
5 Council does hereby order the maintenance work to be made and performed as set
6
forth in the Report, and as previously declared and set forth in the Resolution of
7
Intention.8
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
11 Assessment District in the amounts as set forth in the final Report. It is hereby further
12 determined that all assessments have been apportioned properly in accordance with the
13 benefits that each parcel receives from the proposed maintenance works of
14 improvement.
FILING AND RECORDING
16
SECTION 6. That the above-referenced diagram and assessment shall be
17
filed in the office of the City Clerk, with a certified copy to be filed in the office of the
18
Engineering Department. Said diagram and assessment, and the certified copy thereof,
20 shall be open for public inspection.
21 SECTION 7. That the City Clerk is herby ordered and directed to file a
22 certified copy of the diagram and assessment with the County Auditor. Said filing is to
23 be made no later than the third Monday in August, or as required by the County.
24
25
26
27
28
Exhibit 2
1 ENTRY UPON THE ASSESSMENT ROLL
2 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,
4 the amount assessed thereupon.
5
COLLECTION AND PAYMENT
6
SECTION 9. The assessments shall be collected at the same time and in the
7
same manner as County taxes are collected, and all laws providing for the collection8
9 and enforcement of County taxes shall apply to the coflection and enforcement of the
10 assessments.
11 FISCAL YEAR
12 SECTION 10. That the assessments as above authorized and levied for these
13 proceedings will provide revenue and relate to the fiscal year commencing July 1, 2007
14 and ending June 30, 2008.
15 "
16
17
18
19
20
21
22
23
24
25
26
27
28
33
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard.
NOES: None.
ABSENT: None.
ATTEST:
'(SEAL)
EM.WOQD, City C erk