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HomeMy WebLinkAbout1992-05-19; City Council; Resolution 92-1341 2 3 4 5 6 0 0 RESOLUTION NO. 92-134 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA ADOPTING ANNUAL BENEFIT ASSESSMENTS FOR A BENEFIT AREA WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, did form the Buena Vista Channel Maintenance District 7 Act Of 1982", being Chapter 6.4, Division 2, Title 5 of the 9 pursuant to the terms and provisions of the "Benefit Assessment 8 in 1989 pursuant to the petition of the property owners and 10 Government Code of the State of California, commencing with 11 Section 54703, said area of benefit being known and designated as 12 BENEFIT AREA NO. 1 (hereinafter referred to as the "Benefit 13 benefit assessments, and is ready to proceed to levy the annual 16 satisfied with the annual Report as submitted for the levy of the 15 WHEREAS, at this time this legislative body is now 14 Area: ) : and 17 18 19 20 21 22 23 24 assessments on each parcel of benefiting property within boundaries of the Benefit Area: and, NOW, THEREFORE, BE IT RESOLVED RECITALS SECTION 1. That the above recitals are all true and correct. BOUNDARIES SECTION 2. That the boundaries and parcels as 25 benefiting from the proposed works of maintenance, said 28 attached hereto, are still determined to be the properties 27 designated as BENEFIT AREA NO. 1 and are as shown in Exhibit 11~11 26 originally approved and shown within the area of benefit li 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I 2o I 21 22 23 24 25 26 27 28 0 0 properties lying within the boundaries of the Cities of Oceanside and Carlsbad. No changes are proposed in the boundaries of the Benefit Area. ASSESSMENTS SECTION 3. That it is hereby determined and ordered as follows: 1. That the annual levy of assessments for the maintenance and/or servicing of the improvements are hereby confirmed and levied for the next fiscal year (1992/93) , as shown in Exhibit lfBff attached hereto. 2. That it is further determined that as applicable the costs of the work and services may be greater than can conveniently be raised from a single annual assessment and it is hereby further determined that the cost of the work can be collected over a period of years. MAINTENANCE WORK SECTION 4. That is hereby further ordered that the works of maintenance to be performed are generally described as follows: All necessary work and services for the maintenance and drainage of the BUENA VISTA CREAK CHANNEL between JEFFERSON STREET and EL CAMINO REAL, including the removal of sediment, vegetation and other debris and all other works of maintenance, said work to be performed within the Cities of Oceanside and Carlsbad. The work will consist of periodic cleaning of the overgrowth and silt that impedes the free flow of water in the creek channel. A typical method of removal would be by 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 e utilization of dredging equipment consisting of a drag line and/or muck pump. At times, this would require the removal of dense vegetation materials by hand. NOTICE SECTION 5. That immediately upon the adoption of this Resolution the City Clerk shall cause notice to be given in the following manner: 1. Deliver the annual Report and Levy of the Engineer consisting of the assessment and diagram to the Utilities and Maintenance Director of the City of Carlsbad, and said Utilities and Maintenance Director shall immediately place for record said diagram and assessment in a suitable book as a permanent record. 2. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the City Engineer of the City of Oceanside. 3. Cause a certified copy of the assessment diagram and annual assessment levy to be immediately filed with the County Auditor, said filing to be completed no later than AUGUST 10TH. ASSESSMENT COLLECTION SECTION 6. That the above confirmed and levied annual assessment shall be collected at the same time and in the same manner as general County property taxes are collected and all laws providing for that collection and enforcement of these assessments. /// /// 0 W 1 2 3 4 5 6 7 €3 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad at its regular meeting held on the 19th day of MAY , 1992, by the following vote, to wit: AYES: Council Members Lewis, Larson, Stanton, Nygaard NOES: None ABSENT: Council Member CLAUDE A. LEWIS, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk .KAREN R. KUNDTZ, Assistant City Clerk (SEAL) ~ ~ I I ~ , 1