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HomeMy WebLinkAbout1999-07-13; City Council; Resolution 99-255t 0 0 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION NO. 99-255 A 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 WHEREAS, the CITY COUNCIL of the CITY OF CARLSBAD, CALIFORNIA, has initia proceedings for the levy of the annual assessment for a landscaping and lighting dist created pursuant to the terms of the "Landscaping and Lighting Act of 1972," being Divis 15, Part 2 of the Streets and Highways Code of the State of California (the "Act"), in a spel maintenance district known and designated as Street Lighting and Landscaping District Nc (hereinafter referred to as the "District"); and , WHEREAS, the Maintenance District is an existing assessment district in wt assessments are not proposed to be increased, and is exempt from the procedures i requirements of all assessments under California Constitution Act XlllD § 5 (a). 12 13 l4 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 15 and approval. WHEREAS, at this time a public hearing has been held relating to the levy of the anr assessments, and this City Council is now satisfied with the assessment and diagram and other matters as contained in the Engineer's Report as now submitted for final considerai 16 I/ RECITALS SECTION 1. That the above recitals are all true and correct. 17 PROTESTS 18 SECTION 2. That all protests and objections of every kind and nature be, and the SE 19 hereby are, overruled and denied. 20 21 the Engineer's Report is hereby approved and confirmed. CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings, as containel 22 SECTION 4. That the public interest and convenience requires, and this legislative b 23 24 work is set forth in the Engineer's Report, and as previously declared and set forth in does hereby order the maintenance work to be made and performed as said maintena 25 Resolution of Intention. hereby confirmed and levied upon the respective lots or parcels of land in the District in 26 SECTION 5. That the assessments contained in said "Report" for the next fiscal year 27 amounts as set forth in said final "Report." It is hereby further determined that all 28 rrc: L 0 0 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 assessments have been apportioned properly in accordance with the benefits that each pal receives from the proposed maintenance works of improvement. ANNUAL ASSESSMENT INCREASE 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 54951 of the Streets and Highways Code of the State of California to reflect annual increases in tt- costs of labor and materials based upon the Consumer Price Index, San Diego, as publishe by the Department of Labor, computed for the first index in March of each year, and those above referenced changes will not constitute new andlor increased assessments requiring additional notification. FILING AND RECORDING SECTION 7. That the above referenced diagram and assessment shall be filed in office of the City Clerk, with a certified copy to be filed in the office of the Administra, Coordinator-Special Districts. Said diagram and assessment, and the certified copy then shall be open for public inspection. SECTION 8. That the City Clerk is hereby ordered and directed to immediately fill certified copy of the diagram and assessment with the County Auditor. Said filing to be m: no later than the third Monday in August. ENTRY UPON THE ASSESSMENT ROLL SECTION 9. That after the filing of the diagram and assessment, the County Auditor SI enter on the County Assessment Roll, opposite each lot or parcel of land, the amo assessed thereupon. COLLECTION AND PAYMENT SECTION 10. The assessments shall be collected at the same time and in the sa manner as County taxes are collected, and all laws providing for the collection E enforcement of County taxes shall apply to the collection and enforcement of assessments. Ill/ /Ill /Ill /Ill Ill/ I ~ ~ I , 2 kb II e m 1 I FISCAL YEAR 2 SECTION 11. That the assessments as above authorized and levied for thc 3 4 proceedings will provide revenue and relate to the fiscal year commencing July 1, 1999 i 5 PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad a1 regular meeting held on the 13 th day of July , 1999 by 6 following vote, to wit: 7 8 ending June 30,2000. AYES: Council Members Lewis, Nygaard, Finnila, Hall & Kulchin 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NOES: None ABSENT: None ATTEST: (SEAL) b Z