HomeMy WebLinkAbout2001-07-24; City Council; Resolution 2001-2273
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RESOLUTION NO. 2001-227
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 FOR STREET LIGHTING AND
LANDSCAPING DISTRICT NO. 1.
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 State “Landscaping and Lighting Act of 1972,” (the “Act”), in a special
maintenance district known and designated as Street Lighting and Landscaping District No. 1
(the “District”); and
WHEREAS, the District is an existing assessment district in which assessments are not
proposed to be increased, and is exempt from the procedures and requirements of all
assessments under California Constitution Act XIIID 9 5 (a); and
WHEREAS, at this time, a public hearing has been held relating to the levy of the annual
assessments, and the City Council is now satisfied with the assessment and diagram and all
other matters as contained in the Engineer’s Report (the “Report”) as now submitted for final
consideration 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 same
hereby are, overruled and denied.
CONFIRMATION
SECTION 3. That the final assessment and diagram for the proceedings, as contained in
the Engineer’s Report is hereby approved and confirmed.
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SECTION 4. That the public interest and convenience requires, and the City Council
does hereby order the maintenance work to be made and performed as is set forth in the Report,
and as was previously declared and set forth in the Resolution of Intention.
SECTION 5. That the assessments contained in the Report for the next fiscal year are
hereby confirmed and levied upon the respective lots or parcels of land in the District in the
amounts as set forth in the final Report. It is hereby further determined that all assessments have
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been apportioned properly in accordance with the benefits that each parcel receives from the
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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 54954.6 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 by the
Department of Labor, computed for the first index in March of each year, and those 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
office of the City Clerk, with a certified copy to be filed in the oftice of the Administrative
Coordinator-Special Districts. Said diagram and assessment, and the certified copy thereof, shall
be open for public inspection.
SECTION 8. That the City Clerk is hereby ordered and directed to file a certified copy of
the diagram and assessment with the County Auditor. Said filing to be made no later than the
third Monday in August.
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1 ENTRY UPON THE ASSESSMENT ROLL
2 SECTION 9. That after the filing of the diagram and assessment, the County Auditor
3 shall enter on the County Assessment Roll, opposite each lot or parcel of land, the amount
4 assessed thereupon.
5 COLLECTION AND PAYMENT
6 SECTION 10. The assessments shall be collected at the same time and in the same
7 manner as County taxes are collected, and all laws providing for the collection and enforcement
8 of County taxes shall apply to the collection and enforcement of the assessments.
9 FISCAL YEAR
10 SECTION 11. That the assessments as above authorized and levied for these
11 proceedings will provide revenue and relate to the fiscal year commencing July 1, 2001 and
12 ending June 30,2002.
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14 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
15 held on the 24th day of July I 2001 by the following vote, to
16 wit:
17 AYES: Council Members Lewis, Kulchin, Finnila, Nygaard, and Hall.
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NOES: None.
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(SEAL)