HomeMy WebLinkAbout2009-07-07; City Council; Resolution 2009-172Exhibit 2
1 RESOLUTION NO. 2009-172
2 A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, CONFIRMING
3 THE DIAGRAM AND ASSESSMENT AND
PROVIDING FOR THE LEVY OF THE ANNUAL
ASSESSMENT FOR STREET LIGHTING AND
5 LANDSCAPING DISTRICT NO. 2
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WHEREAS, the City Council of the City of Carlsbad, California, has initiated
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proceedings for the levy of the annual special assessment district pursuant to the terms
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of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streetsy
.Q Highways Code, commencing with Section 22500); the special assessment district is
11 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter
12 referred to as the "Assessment District"); and
13 WHEREAS, the Assessment District is an existing assessment district in which
14 the maximum allowable assessment rates for each zone have been increased by the
15 annual change in the San Diego County Consumer Price Index (CPI), as was approved
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by the City Council following a property owner vote, and the proposed assessments to
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be levied are less than the allowable maximum rates and; therefore, this Assessment
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District is exempt from the procedures pursuant to California Article XIIID § 5 (a); andi y
2Q WHEREAS, at this time, a public hearing has been held relating to the levy of the
21 annual assessments, and the City Council is now satisfied with the assessment and
22 diagram and all other matters as contained in the Engineer's Report (the "Report") as
23 now submitted for final consideration and approval.
24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
25 RECITALS
26 SECTION 1. That the above recitations are true and correct.
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Exhibit 2
1 PROTESTS
2 SECTION 2. That all protests and objections of every kind and nature be, and
the same hereby are, overruled and denied.
4 CONFIRMATION
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SECTION 3. That the final assessment and diagram for the proceedings, as
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contained in the Engineer's Report, are hereby approved and confirmed.
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SECTION 4. That the public interest and convenience requires and the City8
g Council does hereby order the maintenance work to be made and performed as set
10 forth in the Report, and as previously declared and set forth in the Resolution of
11 Intention.
12 SECTION 5. That the assessments contained in the Report for the next fiscal
13 year are hereby confirmed and levied upon the respective lots or parcels of land in the
14 Assessment District in the amounts as set forth in the final Report. It is hereby further
15 determined that all assessments have been apportioned properly in accordance with the
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benefits that each parcel receives from the proposed maintenance works of
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improvement.
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1Q FILING AND RECORDING
20 SECTION 6. That the above-referenced diagram and assessment shall be filed
21 in the office of the City Clerk, with a certified copy to be filed in the office of the
22 Engineering Department. Said diagram and assessment, and the certified copy thereof,
23 shall be open for public inspection.
24 SECTION 7. That the City Clerk is hereby ordered and directed to file a certified
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copy of the diagram and assessment with the County Auditor. Said filing is to be made
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no later than the third Monday in August, or as required by the County.
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Z1
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,
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the amount assessed thereupon.
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COLLECTION AND PAYMENT
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SECTION 9. The assessments shall be collected at the same time in the same
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manner as County taxes are collected, and all laws providing for the collection and8
g enforcement of County taxes shall apply to the collection 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, 2009
14 and ending June 30, 2010.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 7th day of July, 2009, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
ATTEST:
LORRAfNt M. WOOp, fcity Clerk
?SEAL(J CJ
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