HomeMy WebLinkAbout1997-07-15; City Council; Resolution 97-5340 0
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RESOLUTION NO. 97-534
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, CONFIRMING THE
DIAGRAM AND ASSESSMENT AND PROVIDING FOR
THE LEW OF THE ANNUAL ASSESSMENT IN
A SPECIAL MAINTENANCE DISTRICT
5 11 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initi
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proceedings for the levy of the annual assessment for a landscaping and lighting di!
created pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Divisior
Part 2 of the Streets and Highways Code of the State of California (the "Act"), in a spl
maintenance district known and designated as Street Lighting and Landscaping District I\
(hereinafter referred to as the "District"); and ,
WHEREAS, the Maintenance District is an existing assessment district in H
assessments are not proposed to be increased, and is exempt from the procedures
requirements of all assessments under California Constitution Act XlllD 5 5 (a).
WHEREAS, at this time a public hearing has been held relating to the levy of the an
assessments, and this City Council is now satisfied with the assessment and diagram an
other matters as contained in the Engineer's Report as now submitted for final consider;
and approval.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
RECITALS
SECTION 1. That the above recitals are all true and correct.
PROTESTS
SECTION 2. That all protests and objections of every kind and nature be, and the s
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~ hereby are, overruled and denied.
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CONFIRMATION
SECTION 3. That the final assessment and diagram for the proceedings, as contain(
the Engineer's Report is hereby approved and confirmed.
22 SECTION 4. That the public interest and convenience requires, and this legislative I
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24 work is set forth in the Engineer's Report, and as previously declared and set forth ir
does hereby order the maintenance work to be made and performed as said mainten;
amounts as set forth in said final "Report." It is hereby further determined that all assessn- 27
hereby confirmed and levied upon the respective lots or parcels of land in the District ir 26
SECTION 5. That the assessments contained in said "Report" for the next fiscal yea1 25
Resolution of Intention.
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have been apportioned property in accordance with the benefits that each parcel receives frc
the proposed maintenance works of improvement.
ANNUALASSESSMENTINCREASE
SECTION 6. Future assessment increases will be caused by reason of increases in the
costs of labor, materials and utility cost increases applied to energy rates and water fees.
Assessments can be subsequently modified and increased, as authorized by Section 54954.i
of the Streets and Highways Code of the State of California to reflect annual increases in the
costs of labor and materials based upon the Consumer Price Index, San Diego, as published
7 11 by the Department of Labor, computed for the first index in March of each year, and those
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above referenced changes will not constitute new and/or increased assessments requiring
additional notification.
FILING AND RECORDING
SECTION 7. That the above referenced diagram and assessment shall be filed in the off
of the City Clerk, with a certified copy to be filed in the office of the Administrative Coordinal
Special Districts. Said diagram and assessment, and the certified copy thereof, shall be or
for public inspection.
SECTION 8. That the City Clerk is hereby ordered and directed to immediately file
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certified copy of the diagram and assessment with the County Auditor. Said filing to be m:
16 ENTRY UPON THE ASSESSMENT ROLL
SECTION 9. That after the filing of the diagram and assessment, the County Auditor SI
17 enter on the County Assessment Roll, opposite each lot or parcel of land, the amo
18 assessed thereupon.
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2o 11 manner as County taxes are collected, and all laws providing for the collection
no later than the third Monday in August.
COLLECTION AND PAYMENT
SECTION 10. The assessments shall be collected at the same time and in the sa
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enforcement of County taxes shall apply to the collection and enforcement of the assessme
FISCAL YEAR
SECTION 11. That the assessments as above authorized and levied for these proceedi
will provide revenue and relate to the fiscal year commencing July 1, 1997 and ending J
30, 1998.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad :
regular meeting held on the 15 th day of JUlY , 1997 bj 1
2 following vote, to wit:
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4 AYES: Council Members Lewis, Finnila, Nygaard, Kulchin, and Hall
5 NOES: None
6 ABSENT: b-~e
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I ATTEST: ' &<.ik,
ALETHA L. RAUTENKRANZ, City Clerk (SEAL)
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