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HomeMy WebLinkAbout1989-06-20; City Council; 10088; Street lighting districtCIT» OF CARLSBAD — AGENDA BILL MTQ 6/20/89 U/M TITLE: STREET LIGHTING DISTRICT # 1 AND PROPOSED INCLUSION OF LANDSCAPING PORTION OF THE LANDSCAPING AND LIGHTING ACT OF 1972 OUi§I O O _J u oo RECOMMENDED ACTION: Council hold public hearing and receive public comments. Approve Resolution No. fy^f — / 9 *Y confirming assessment. ITEM EXPLANATION; At the May 23, 1989 meeting, Council approved Resolutions No. 89-166, 89-167, and 89-168 which directed the Utilities & Maintenance Director to submit an Engineer's Report; approved the Engineer's Report and set a public hearing. The purpose of the hearing is to accept public comment and consider approval of staff's recommendations to levy assessments to fund streetlighting and landscape services in FY89-90. The City's Street Lighting District was formed in 1983 according to provisions of the Streets and Highways Code known as the Landscaping and Lighting Act of 1972. The costs of maintaining the City's street lights are funded from assessments to each property owner based on benefit. In addition to street lighting, the District will, for the first time, levy assessments in 1989-90 for landscape maintenance. The services to be provided are street tree and median landscape maintenance, as approved by the Council on December 6, 1988. On that date, Council considered and approved in principle a staff recommendation to finance the cost of street tree and median landscape maintenance services through the "District", and phase in the cost over a three (3) year period. Also, at the May 23, 1989 Council meeting, Council considered a staff proposal to form a landscape maintenance assessment zone for the Aviara Master Plan area. The developers of Aviara had proposed to install landscaping improvements far in excess of City standards. Formation of a special assessment zone for Aviara was intended to provide a mechanism to finance the cost of maintaining these additional landscape improvements. Subsequent to the May 23, 1989 Council meeting, staff has re-evaluated the assessment zone proposal and determined that it is not necessary at this time. Conditions applied to the Aviara Master Plan require that homeowners associations be responsible for the maintenance of all landscaping in the master plan area. In staff's opinion, these conditions are sufficient to assure that the enhanced landscape improvements in Aviara, including slopes adjacent to the rights-of-way, will be maintained. The requirements for maintenance of the enhanced landscaping shall be included PAGE 2 OF AB# fO as a separate section of the CC&R's, and/or part of a landscape maintenance agreement with the hotel. If medians are not improved beyond City standards, the medians will be maintained as part of the City-wide median maintenance assessment zone. Based on the above considerations, it is staffs recommendation that the Council take no action concerning the formation of a special assessment zone for Aviara. The attached resolutions and Engineer's Report contain a complete description of the street lighting and landscape maintenance service to be provided. FISCAL IMPACT! The FY1988-89 street lighting budget is $633,582 this year. The projected fund balance at the end of FY88-89 is $432,193. It is recommended in the Engineer's Report that this fund balance be reduced by $60,000 and apportioned to FY1989-90 expenditures. The fund balance includes energy deposits for new developments and provides for six (6) month's operations. The amount to be assessed this year is $2,702 more than FY88- 89 ($517,582 vs. $514,880) due to a six percent (6%) increase in annexed parcels and the related increase in the number of street lights. The street tree and median landscape budget is $355,000. This cost is proposed to be funded by assessments levied by the landscaping zone, such assessments to be phased in over a three (3) year period. For the first year, it is recommended that funding for the program be derived from both the General Fund ($155,000) and the Assessment District Zone ($200,000). This proposed assessment will increase assessments to the average single family residential parcel by $1.26 a year in the case of median landscape maintenance, and $11.80 a year for street tree maintenance. A single family residential parcel benefitting from both street tree and median landscape service would realize an assessment increase of $13.06. These increases are partially offset by slight reductions in the average assessment for street lighting. EXHIBITS! A. Engineer's Report and Diagrams B. Order of Procedure C. Instruction Sheet D. Resolution No. ^?~)nf^{ confirming assessment. ENGINEERS REPORT AGENCY: CITY OF CARLSBAD PROJECT: STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 ENGINEERS REPORT PURSUANT TO "LANDSCAPING AND LIGHTING ACT OF 1972" WHEREAS, this City Council has previously formed STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the "District") and has levied assessments within the District for prior fiscal years, all pursuant to the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, commencing with Section 22500 (hereinafter referred to as the "Act"); and WHEREAS, this City Council has previously adopted a Resolution ordering the preparation and filing of an Engineer's "Report", all in accordance with the provisions of the Act. WHEREAS, at this time there has been filed as a part of the "Report", certain plans and specifications for the maintenance of the improvements, an estimate of the costs of maintenance, a diagram of the District, and an assessment roll containing a spread of the estimated costs of maintenance within the District, all as required by the Act and as previously ordered by this City Council. NOW, THEREFORE, pursuant to the direction from this City Council, this "Report: is hereby submitted to this City Council pursuant to the provisions of the Act. This "Report" is applicable for the fiscal year commencing July 1, 1989 to June 30, 1990 (hereinafter referred to as the "Fiscal Year"). This report is prepared in 2 parts (Street Lighting and Landscaping), each of which consists of the following 4 sub-parts: Part I. PLANS AND SPECIFICATIONS for the maintenance and/or servicing of the improvements during the Fiscal Year. The plans and specifications show and describe the general nature, location and extent of the existing and proposed improvements to be maintained and/or serviced during the Fiscal Year. The plans and specifications also indicate the class and type of improvements to be maintained and/or serviced for each zone within the District. Part II. AN ESTIMATE OF THE COSTS of the maintenance and/or servicing of the improvements for the Fiscal Year. The estimate includes the total cost of maintaining and/or servicing the improvements, (including all incidental expenses), the amount of any surplus or deficit in the improvement fund to be carried over from the prior fiscal year, if any, the amount of any contributions to be made from sources other than assessments levied pursuant to the Act, the amount, if any, of the annual installment for the Fiscal Year, and the net amount to be assessed upon assessable lots within the District. Part III. A DIAGRAM of the District. The Diagram shows the exterior boundaries of the District, the boundaries of any zones within the District, and the lines and dimensions of each lot or parcel within the District. Each parcel is identified by a distinctive number or letter. The lines and dimensions of each lot conform to those shown on the County Assessor's map for the Fiscal Year. Part IV. AN ASSESSMENT SCHEDULE showing the net amount to be assessed upon assessable lands within the District, describing each assessable lot or parcel within the District by reference to the Parcel numbers contained on the County Assessment Roll, and assessing the net amount upon all assessable lots or parcels by apportioning the net amount among the several accessible lots or parcels in proportion to the benefits to be received by each lot or parcel. All lots and parcels of land known as public property, as defined under Section 22663 of the Act, have been omitted and are exempt from any assessment under these proceedings. Executed this California. ENGINEER OF WORK CITY^DF CARLSBAD STATE OF CALIFORNIA STREET LIGHTING Pursuant to direction from the City Council, submitted herewith is the "Report", consisting of the following documents pursuant to the provisions of Division 15, Part 2, of the Streets and Highways Code of the State of California, and specifically Section 22500 et. seq., the Landscaping and Lighting Act of 1972. PART I. PLANS AND SPECIFICATIONS The plans and specifications for the maintenance and/or servicing of the street lighting improvements during the Fiscal Year are on file in the Office of the Utilities & Maintenance Director, available for public inspection, and incorporated herein by this reference as though set forth in full. Said plans and specifications show and describe the general nature, location and extent of the existing and proposed improvements to be maintained and/or serviced during the Fiscal Year. The plans and specifications also indicate the class and type of improvements to be maintained and/or serv.iced for each zone within the District. PART II. ESTIMATE OF COSTS An estimate of the costs of the street lighting improvements to be maintained for the ensuing twelve-month period, being for July 1, 1989 to June 30, 1990. PART III. DIAGRAM A diagram of the Street Lighting District. Said diagram shall show the exterior boundaries of the Street Lighting District, the boundaries of any zones within the Street Lighting District, the lines and dimensions of each lot or parcel within said Street Lighting District and each parcel shall be identified by a distinctive number or letter. The lines and dimension of each lot shall conform to those shown on the County Assessor's map for the fiscal year to which the "Report" applies. A simplified diagram is attached as Exhibit "A". A detailed diagram is maintained in the office of the Utilities and Maintenance Director and is available for public inspection. PART IV. ASSESSMENT SCHEDULE JULY 1, 1989 THROUGH JUNE 30, 1990 1. COST OF MAINTENANCE SERVICE: A. Energy $ 386,300.00 B. Personnel 118,582.00 C. Incidentals 128,700.00 Subtotal $ 633,582.00 For Services To Other Depts. $ 28,000.00 City Contributions: 28,000.00 From Fund Balance: 60,000.00 BALANCE TO ASSESSMENT $ 517,582.00 *Detail contained by FY1989-90 approved budget -- Fund 161-6210 METHOD AND FORMULA OF ASSESSMENT SPREAD Within the Street Lighting Assessment District boundaries are the following five zones: 1. Zone A - street lights at intersections only (wood poles, SDG&E owned and maintained) 2. Zone B - street lights at mid-block (SDG&E owned and maintained) 3. Zone C - City owned and maintained street lights on ornamental poles 4. Zone D - SDG&E owned and maintained street lights on ornamental poles 5. Non-benefiting Zone - undeveloped property, not assessed Within zones B, C, and D, are several codes. The code being the area/areas developed at the same time and containing the same City standard of street light spacing. The assessment to parcels within any one code will be assessed by one of the following two methods: 1. Residential parcels - pay equal shares of the energy and maintenance costs of the street lights within their code 2. Commercial and Industrial parcels - share the cost of the energy and maintenance of the street lights within their code based on the front footage percent of the area of the code BENEFITING PARCELS NON-BENEFITING PARCELS STREET LIGHTING &*' LANDSCAPING AND LIGHTING DISTRICT NO. I EXHIBIT "A" LANDSCAPING PART I. PLANS AND SPECIFICATIONS The plans and specifications for the maintenance and/or servicing of the improvements during the Fiscal Year are on file in the Office of the Utilities & Maintenance Director, available for public inspection, and incorporated herein by this reference as though set forth in full. Said plans and specifications show and describe the general nature, location and extent of the existing and proposed improvements to be maintained and/or serviced during the Fiscal Year. The plans and specifications also indicate the class and type of improvements to be maintained and/or serviced for each zone within the District. PART II. ESTIMATE OF COSTS The total costs for maintenance and/or servicing of the improvements during the next Fiscal Year, existing and/or proposed is as set forth in Exhibit B attached to this "Report" and incorporated herein by this reference as though set forth in full. The amount of any surplus or deficit in the Improvement Fund to be carried over from the prior fiscal year, is $ 0 . The amount of any contributions to be made to the Improvement Fund from any sources other than assessments levied pursuant to the Act is $ 155.000 from the general fund. The net amount to be assessed upon assessable lands within the District, being the total improvement costs, as referred to above, increased or decreased the case may be, by any surplus, deficit, contribution, or annual installment is 1. Tree Trimming $ 154.000. 2. Medians $ 46.000. PART III. DIAGRAM A diagram for the District showing (a) the exterior boundaries of the District, (b) the boundaries of any zones within the District, and (c) the liens and dimensions of each lot or parcel of land within the District, is attached hereto as Exhibits "C" & "D". The Diagram identifies each lot or parcel by a distinctive number or letter, which number or letter is correlated with the parcel number contained on the County Assessment Roll in Part IV of this "Report" entitled "Assessment Schedule". For a detailed description of the lines and dimensions of any lot or parcel, reference is hereby made to the County Assessor's maps, which maps shall govern for all details concerning the lines and dimensions of such lots or parcels. PART IV. ASSESSMENT SCHEDULE I, the appointed ENGINEER OF WORK, by virtue of the power vested pursuant to the "Landscaping and Lighting Act of 1972", being Division 15, Part 2, of the California street and Highways Code, commencing with Section 22500, and by order of the legislative body, hereby make the following assessment to cover the estimated costs and expenses of the maintenance work for the improvements within STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 for the Fiscal Year commencing on the 1st day of July, 1989 and ending on the 30th day of June, 1990. Said costs and expenses are generally as follows: COST OF MAINTENANCE Tree Trimming $ 275.QOO Medians $ 80.000 TOTAL COSTS S 355.000 Total Budget SURPLUS/(DEFICIT) $ 0 CONTRIBUTIONS $ 155.000 General Fund BALANCE TO ASSESSMENT $ 200.000 I do hereby assess and apportion the net amount of the costs and expenses upon the several parcels of land within said District liable therefore and benefited thereby, in proportion to the estimated benefits that each parcel receives, respectively, from said maintenance of the works of improvement and appurtenances, and said parcels are hereinafter numbered and set forth to correspond with the numbers as they appear on the County Assessment Roll for a description of the lots or parcels, and said Roll shall govern for all details concerning the description of the lots or parcels. The net amount to be assessed upon the lands has been spread and apportioned by a formula in accordance with the benefits received by each parcel, and in my opinion, said costs and expenses have been apportioned in direct relationship to the benefits received from the maintenance of the improvements. For more specific statement as to the method and formula for the spread of the assessments, reference is made to the attached, referenced and incorporated Exhibit "E". This Assessment has been prepared pursuant to the "Landscaping and Lighting Act of 1972". METHOD AND FORMULA OF ASSESSMENT SPREAD The law requires that the assessments levied be based on the benefit the properties receive from the maintenance of the improvements. The statutes do not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Engineer of Work, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. For these proceedings, the Engineer of Work is Ralph W. Anderson, Utilities and Maintenance Director. The Engineer of Work then makes his recommendation at the public hearing on the annual levy of assessments, and the final authority and action rest with the City Council after hearing all testimony and evidence presented at that public hearing. Upon the conclusion of the public hearing, the City Council must make the final action in determining whether or not the assessment spread has been made in direct proportion to the benefits received. First of all, it is necessary to identify the benefit that the maintenance of improvements will render to the properties within the boundaries of the Maintenance District. In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from the general public. In this case, an in-depth analysis was made, and several factors are being used in the final method and spread and assessment. BENEFIT ASSESSMENT METHODOLOGY Street Tree Maintenance - Street Trees are in the street right-of- way, generally between the curb and sidewalk and/or property line in the areas indicated in Exhibit "A". Each property receives approximately the same benefit, therefore, staff proposes a benefit formula in which each parcel is given an equivalent dwelling unit (EDU) based on the average size of a single family residential lot in the City of Carlsbad (7,500 square feet or .17 acres). Thus, each single family parcel is given an EDU of 1.0, while most other parcels are given an EDU based on the formula: Acreage = EDU .17 Using this EDU basis, the proposed annual budget of $275,000 would result in an approximate annual assessment of $21.15 per single family residence. Staff recommends that this assessment be phased in over a three- year period. A three-year phase in would result in a first year assessment of $11.80 per single family residential parcel for FY 89-90. In the third year, each parcel would bear its share of the full cost of the service or $21.15. Assessments would be levied only on those parcels within the boundaries shown in Exhibit "A". MEDIAN LANDSCAPE MAINTENANCE - This service generally benefits all parcels and residents in the City. Accordingly, all parcels should share in the cost. However, parcels which front upon streets which receive median landscape maintenance services generally receive more benefit form the landscape improvements than other parcels. It is difficult to ascertain precise benefit, however, staff believes that parcels fronting on the streets benefit at least twice as much as other parcels. Therefore, staff recommends that all parcels in the City share in the cost of median landscape maintenance using the same EDU formula proposed for Street Tree Maintenance and that those parcels which front on streets with landscaped medians be assessed twice the amount of other parcels not fronting on the median streets. Using the above formula to assess the costs of the proposed budget would result in an assessment of $2.16 for single family parcels which do not front on the streets with medians. A commercial/industrial parcel of one (1) acre , fronting on Palomar Airport Road would be assessed approximately $25.41. Staff also recommends that this assessment and program funding increase be phased in over a three-year period. A three-year phase in would result in a first year assessment of $1.26 for parcels that do not front on the street with medians and $14.90 for the example commercial/industrial one (1) acre parcel fronting on the street with a landscaped median. In the third year, each parcel would bear its share of the full cost of the service, as indicated above. The assessment cost estimates indicated above are based on the number of parcels and actual land uses that exists in 1989-90 funding levels intended to restore the two programs to a fully functional level. EXHIBIT "B" COST ESTIMATE I. COST OF MAINTENANCE OF IMPROVEMENTS: A. Tree Trimming - $154,000 B. Medians - $46,000 II. TOTAL COST OF MAINTENANCE: $200,000 IV. SURPLUS/(DEFICIT FROM PRIOR FISCAL YEAR: 0 V. CONTRIBUTIONS: 0 VI. BALANCE TO ASSESSMENT: $200,000 PROPOSED TREE TRIMMING BENEFIT AREA EXHIBIT "C1 * PROPOSED MEDIAN LANDSCAPE MAINTENANCE BENEFIT AREA EXISTING MEDIANS PROPOSED MEDIANS EXHIBIT "D" ORDER OF PROCEDURE CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 DATE OF PUBLIC HEARING: JUNE 20, 1989 MAYOR: CITY CLERK: STAFF: Announce that this is the time and place fixed for the public hearing relating to the levy of the annual assessments for costs of maintenance of improvements for STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1. Announce that notice has been given in the manner and form as required by law, and a Certificate of Compliance is on file and open for public inspection. Formal presentation of Engineer's "Report": Provide description of boundaries of District - Explain extent of maintenance work Explain method and formula of assessment spread Summarize annual cost estimate Report on protests received and announce that copies have been delivered to each member of the legislative body END OF STAFF REPORT - OPEN FOR PUBLIC DISCUSSION MAYOR: STAFF: CITY COUNCIL: MAYOR: ASK EACH SPEAKER TO IDENTIFY THEMSELVES AND THEIR PROPERTY. First, ask to hear from those persons who wish to speak in opposi- tion to the annual maintenance costs and levy of assessment. Next, ask to hear from anyone who wishes to speak in favor of the proceedings. Give final report on protests received. Discussion. Declare Public Hearing CLOSED. IF THE LEGISLATIVE BODY WISHES TO PROCEED: CITY COUNCIL:Adopt RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT: This is the formal action to confirm the diagram and assessments. * * * INSTRUCTION SHEET - PUBLIC HEARING CITY OF CARLSAD STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 I. GENERAL INFORMATION A. WRITTEN PROTESTS Any interested person may, prior to the conclusion .of the public hearing, file a written protest with the City Clerk. A written protest by a property owner shall contain a description sufficient to identify the property owned by him. Copies of all protests received should be delivered to each member of the legislative body. B. CONDUCT OF THE HEARING The City shall hold the public hearing at the time and place specified in the Resolution of Intention, and all interested persons shall be afforded the opportunity to be heard. For particulars as to the procedure for the public hearing, see the ORDER OF PROCEDURE. C. CONTINUING THE PUBLIC HEARING The City Council may continue the public hearing from time to time; however, the time for the hearing shall be fixed prior to August 10th and shall be concluded on such date, or no later than the 3rd Monday in August, as the County Auditor may authorize. D. CHANGES IN THE IMPROVEMENTS, ZONES AND DIAGRAM Either during the course of or upon the conclusion of the public hearing, the City Council may order changes in any of the matters set forth in the Engineer's "Report", including changes in the improvements, any zones within the District where applicable. E. RESOLUTION CONFIRMING DIAGRAM AND ASSESSMENT Upon the conclusion of the public hearing, the City Council may adopt a RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT, either as originally proposed in the Engineer's "Report" or as subsequently modified by the City Council. The adoption of this Resolution shall constitute the levy?of the assessment for the fiscal year referred to in the assessment. F. FISCAL YEAR The assessment, as levied for these proceedings, will relate to the fiscal year commencing July 1, 1989 and ending July 30, 1990. Note that new proceedings must be undertaken to levy the assessments for each ensuing fiscal year, keeping in mind that the public' hearing must be conducted and concluded no later than August 10 and that a 10 day published notice must be given prior to the time of the public hearing. II. NOTICE REQUIREMENTS IMMEDIATELY FOLLOWING THE CONCLUSION OF THE PUBLIC HEARING, THE FOLLOWING NOTICE REQUIREMENTS SHALL BE MET: A. ASSESSMENT ROLL AND DIAGRAM (RECORDATION) 1. The original assessment roll and diagram (Engineer's "Report") and all supplemental Exhibits shall be placed of record in the Office of the U/M Director. For recordation, the original assessment roll, diagram and support data should be kept in a bound hardcover volume, as said document is a permanent public record of the City following recordation. 2. A certified copy of the assessment and diagram shall be filed with the County Auditor, said filing to be completed immediately after the adoption of the RESOLUTION CONFIRMING THE DIAGRAM AND ASSESSMENT and in no event later than the 3rd Monday in August (Streets and Highways Code S22641). CERTIFICATE OF COMPLIANCE WITH NOTICE REQUIREMENTS STREET LIGHTING AND LANDSCAPING DISTRICT NO. 1 STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ALETHA RAUTENKRANZ, under penalty of perjury, CERTIFIES as follows: The undersigned is now, and at all times mentioned herein was, the duly appointed, qualified and acting CITY CLERK of the CITY OF CARLSBAD, CALIFORNIA, and as such, accomplished or caused to be accomplished the notice requirements in connection with the referenced District, as noted: PUBLICATION (CARLSBAD JOURNAL) The RESOLUTION OF INTENTION was published in the designated legal newspaper two (2) times, said publications being accomplished on the £ut> day of 3~u KJ£. _ , 1989, and the J2^ daY of CTu*J£L 1989. POSTING A copy of the AGENDA for the meeting of May 23, 1989, setting forth a general description of the proposed actions of the legislative body and the time and place of the meeting, was posted in a location freely accessible to the general public at least 72 hours before the time set for said meeting; said posting being accomplished on the /9 ^ day of fftAY _ , 1989. EXECUTED this J* day of vTa»0£L _ , 1989, at Carlsbad, California. J. CITY CLERK CITY OF CARLSBAD STATE OF CALIFORNIA RESOLUTION NO. 89-194 2 RESOLUTION OP THE CITY COUNCIL OF THE CITY OF , CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF . THE ANNUAL ASSESSMENT IN A SPECIAL MAINTENANCE DISTRICT 5 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, 6 CALIFORNIA, has initiated proceedings for the levy of the annual 7 assessment for a landscaping and lighting district created 8 pursuant to the terms of the "Landscaping and Lighting Act of 9 1972", being Division 15, Part 2 of the Streets and Highways 10 Code of the State of California (the "Act"), in a special mainte- nance district known and designated as STREET LIGHTING AND 12 LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the 13 "District"); and, 14 WHEREAS, at this time a public hearing has been held in the 15 manner and form as required by the Act, and this City Council is 16 now satisfied with the assessment and diagram and all other 17 matters as contained in the Engineer's "Report" as now submitted 18 for final consideration and approval. 19 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 20 * RECITALS 21 SECTION 1. That the above recitals are all true and 22 correct. 23 - PROTESTS 24 SECTION 2. That all protests and objections of every kind 25 and nature be, and the same hereby are, overruled and denied. 26 27 28 1 CONFIRMATION2 SECTION 3. That the final assessment and diagram for theo 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 proceedings, as contained in the Engineer's "Report", is hereby approved and confirmed. SECTION 4. That the public interest and convenience requires, and this legislative body does hereby order the mainte- nance work to be made and performed as said maintenance work is set forth in the Engineer's "Report" and as previously declared and set forth in the Resolution of Intention. SECTION 5. That the assessments contained in said "Report" for the next fiscal year are hereby confirmed and levied upon the respective lots or parcels of land in the District in the amounts as set forth in said final "Report". FILING AND RECORDING SECTION 6. That the above-referenced diagram and assess- ment shall ,be filed in the Office of the City Clerk, with a certified copy to be filed in the Office of the City Engineer. 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 immediately file a certified copy of the diagram and assessment with the County Auditor. Said filing must be completed no later than August 10 of this year, unless the County Auditor shall authorize a later filing. 1 ENTRY UPON THE ASSESSMENT ROLL2 SECTION 8. That after the filing of the diagram and assess- 3 ment, the County Auditor shall enter on the County assessment 4 roll opposite each lot or parcel of land the amount assessed 5 thereupon, as shown in the assessment. 6 COLLECTION AND PAYMENT 7 SECTION 9. The assessments shall be collected at the same8 10 11 13 14 15 18 19 21 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. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 20th day of June , 1989, by the following vote, to wit: AYES: Council Members Lewis, Mamaux & Pettine NOES: - None ABSENT: Council Members Kulchin 6^a^on // IDE A. LEWIS, Mayor ATTESTS ALETHA L. RAUTENKRANZ, City 23 (SEAL) 24 25 26 27 28