HomeMy WebLinkAbout1989-08-08; City Council; Resolution 89-287:A . I I_ ,e RESOLUTION NO. 8 9 - 2 8 e 7
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR
BUENA VISTA CREEK CHANNEL MAINTENANCE BENEFIT AREA
WHEREAS, the CITY COUNCIL of the CITY OF CARL:
CALIFORNIA, has initiated proceedings and held a public he
relating to the levy and imposition of benefit assess
pursuant to the terms and provisions of the "Benefit Asses
Act of 1982", being Chapter 6.4, Division 2, Title 5 o
Government Code of the State of California, commencing
Section 54703, said area of benefit being known and desig
as BENEFIT AREA NO. 1 (hereinafter referred to as the "Be
Area" ) ; and ,
WHEREAS, at this time the public hearing has been he
the manner and form as required by law, and this City Counc
now satisfied with the Report of the Engineer and is rea
proceed to levy the annual assessments on each parcc
property within the Benefit Area; and,
WHEREAS, it is further determined that there are less
12 registered voters within the local area of benefit, and
a written consent to the levy of the assessments has
submitted, executed by the owners of more than 60% in ar
the lands proposed to be assessed; and,
WHEREAS, the consent has been received from the Ci
Oceanside to allow the levy of assessments and certain wor
maintenance to be performed within the jurisdictiona
incorporated limits of said City.
NOW, THEREFORE, BE IT RESOLVED:
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RECITALS
SECTION 1. That the above recitals are all true
correct.
PUBLIC HEARING
SECTION 2. The public hearing is closed and all prot
of any kind, if any, are hereby expressly overruled and denie
BOUNDARIES
SECTION 3. That the boundaries and parcels shown wi
the area of benefit designated as BENEFIT AREA NO. 1 are hc
ratified and determined to be the properties benefiting fron
proposed works of maintenance, said properties lying withir
boundaries of the Cities of Oceanside and Carlsbad.
ASSESSMENTS
SECTION 4. That it is hereby determined and orderec
follows:
1. That the annual levy of assessments fol
maintenance and/or servicing of the improvements are hc
confirmed and levied for the next fiscal year.
2. That it is further determined tha
applicable the costs of the work and services may be gr
than can conveniently be raised from a single annual assess
and it is hereby further determined that the cost of the
can be collected over a period of years.
MAINTENANCE WORK
SECTION 5. That it is hereby further ordered that the
of maintenance as set forth in the Resolution of Intentic
28 hereby specifically ordered, said work described as follows:
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e e
All necessary work and services for the mai
nance and drainage of the BUENA VISTA CREEK CHANNEL bet
JEFFERSON STREET and EL CAMINO REAL, including the remova
sediment, vegetation and other debris and all other work:
maintenance, said work to be performed within the Cities
Oceanside and Carlsbad. For a full and detailed desfcriptio
the services to be funded by the imposition of the spe
assessments, reference is hereby made to the "Report" previo
approved and on file in the Office of the City Clerk.
NOTICE
SECTION 6. That immediately upon the adoption of '
Resolution the City Clerk shall cause notice to be given in
following manner:
1. Deliver the original Report of the Engi
consisting of the assessment and diagram to the City Enginee
the City of Carlsbad, and said City Engineer shall immedia
place for record said diagram and assessment in a suitable
as a permanent record.
2. Cause a certified copy of the assessr
diagram and annual assessment levy to be immediately filed t
the City Engineer of the City of Oceanside.
3. Cause a certified copy of the assessr
diagram and annual assessment levy to be filed with the COI
Auditor, said filing to be completed no later than AUGUST lOTE
4. Cause a certified copy of the assessn
diagram to be immediately filed in the Office of the coc
Recorder.
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5. Cause to be recorded a NOTICE OF ASSESS
in the County Recorder and attached to said Notice shall
1 list setting forth the names of all property owners within
boundaries of the Benefit Area.
ASSESSMENT COLLECTION
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SECTION 7. That the above confirmed and levied an
assessment shall be collected at the same time and in the
manner as general County property taxes are collected and
laws providing for the collection and enforcement of Co
taxes shall be applicable to the collection and enforcemen,
these assessments.
PASSED, APPROVED AND ADOPTED by the City Council of
City of Carlsbad at its regular meeting held on the 8th
of August , 1989, by the following vote, to wit
AYES: Council Members Lewis, Kulchin, and Mamaux
NOES: None
ABSENT: Council Members Pettin
ATTEST:
1 ALETHA L. RAUTENKRANZ, City\Clerk
(SEAL)
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