HomeMy WebLinkAbout1992-05-19; City Council; Resolution 92-1341
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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
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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
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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
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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
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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
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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
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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.
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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)
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