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HomeMy WebLinkAbout1998-07-14; City Council; Resolution 98-234ll 0 0 I ll RESOLUTION NO. 98-234 2 3 4 5 6 7 8 9 10 11 12 A RESOLUTION OF 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. WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initiated proceedings for the levy of the annual assessment for a landscaping and lighting district created pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Division 15, Part 2 oi the Streets and Highways Code of the State of California (the "Act"), in a special maintenance district known and designated as Street Lighting and Landscaping District No. 1 (hereinaftel referred to as the "District"); and , WHEREAS, the Maintenance District is an existing assessment district in whict- assessments are not proposed to be increased, and is exempt from the procedures anc 11 requirements of all assessments under California Constitution Act XlllD § 5 (a). 13 WHEREAS, at this time a public hearing has been held relating to the levy of the annua assessments, and this City Council is now satisfied with the assessment and diagram and al other matters as contained in the Engineer's Report as now submitted for final consideration anc 14 15 16 approval. 17 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 18 ,I9 (I RECITALS SECTION 1. That the above recitals are all true and correct. 20 PROTESTS 21 SECTION 2. That all protests and objections of every kind and nature be, and the samc 22 23 hereby are, overruled and denied. CONFIRMATION 24 25 SECTION 3. That the final assessment and diagram for the proceedings, as contained it 26 the Engineer's Report is hereby approved and confirmed. Ill Ill 27 28 . II 4- II 0 0 1 SECTION 4. That the public interest and convenience requires, and this legislative body 2 Intention. 4 is set forth in the Engineer's Report, and as previously declared and set forth in the Resolution oi 3 does hereby order the maintenance work to be made and performed as said maintenance work 5 SECTION 5. That the assessments contained in said "Report" for the next fiscal year are 6 SECTION 6. Future assessment increases will be caused by reason of increases in the 11 ANNUAL ASSESSMENT INCREASE 10 the proposed maintenance works of improvement. 9 have been apportioned properly in accordance with the benefits that each parcel receives from 8 amounts as set forth in said final "Report." It is hereby further determined that all assessments 7 hereby confirmed and levied upon the respective lots or parcels of land in the District in the 12 13 costs of labor, materials and utility cost increases applied to energy rates and water fees. SECTION 7. That the above referenced diagram and assessment shall be filed in the 20 FILING AND RECORDING 19 notification. 18 referenced changes will not constitute new andlor increased assessments requiring additional 17 Department of Labor, computed for the first index in March of each year, and those above 16 and materials based upon the Consumer Price Index, San Diego, as published by the 15 the Government Code of the State of California to reflect annual increases in the costs of labol 14 Assessments can be subsequently modified and increased, as authorized by Section 54954.6 o 21 be open for public inspection. 23 Coordinator-Special Districts. Said diagram and assessment, and the certified copy thereof, shal 22 office of the City Clerk, with a certified copy to be filed in the office of the Administrative 24 SECTION 8. That the City Clerk is hereby ordered and directed to immediately file a 25 later than the third Monday in August. 26 certified copy of the diagram and assessment with the County Auditor. Said filing to be made nc 27 (1 Ill 28 Ill . 1 0 il) ENTRY UPON THE ASSESSMENT ROLL 2 SECTION 9. That after the filing of the diagram and assessment, the County Auditor shall 3 6 COLLECTION AND PAYMENT 5 thereupon. 4 enter on the County Assessment Roll, opposite each lot or parcel of land, the amount assessed SECTION IO. The assessments shall be collected at the same time and in the same mannel 7 8 as County taxes are collected, and all laws providing for the collection and enforcement 0' ending June 30, 1999. 12 proceedings will provide revenue and relate to the fiscal year commencing July 1, 1998 an( 11 SECTION 11. That the assessments as above authorized and levied for thest 10 FISCAL YEAR 9 County taxes shall apply to the collection and enforcement of the assessments. 13 14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Counci 15 held on the 14th day of July , 1998 by the following vote, to wit: 16 NOES: None 17 AYES: Council Members Lewis, Pinnila, Nygaard, Kulchin and Hall 18 19 20 21 22 I I ATTEST: 23 24 25 26 27 28 LO . nn.4.zh" ALETHA L. RAUTENKRANZ, City Clerk \ (SEAL)