HomeMy WebLinkAbout2002-07-23; City Council; Resolution 2002-2221
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RESOLUTION NO. 2002-222
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ASSESSMENT AND PROVIDING FOR THE LEVY OF THE
CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM AND
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 special assessment district pursuant to the terms of the Landscaping
and Lighting Act of 1972, (Division 15, Part 2 of the State Streets and Highways Code,
commencing with Section 22500), the special assessment district is known and designated as
Street Lighting and Landscaping District No. 1 (hereinafter referred to as the "Assessment
District"); and
WHEREAS, the Assessment District is an existing assessment district in which
assessments are not proposed to be increased, and is therefore exempt from the procedures and
requirements pursuant to California Constitution Article XlllD § 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
3s 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 Assessment District
in the amounts as set forth in the final Report. It is hereby further determined that all assessments
have been apportioned properly in accordance with the benefits that each parcel receives from
the proposed maintenance works of improvement.
FILING AND RECORDING
SECTION 6. That the above-referenced diagram and assessment shall be filed in the
Jffice of the City Clerk, with a certified copy to be filed in the office of the Engineering Department.
Said diagram and assessment, and the certified copy thereof, shall be open for public inspection.
SECTION 7. 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.
ENTRY UPON THE ASSESSMENT ROLL
SECTION 8. That after the filing of the diagram and assessment, the County Auditor shall
enter on the County Assessment Roll, opposite each lot or parcel of land, the amount assessed
thereupon.
COLLECTION AND PAYMENT
SECTION 9. The assessments shall be collected at the same time and in the same
manner as County taxes are collected, and all laws providing for the collection and enforcement of
County taxes shall apply to the collection and enforcement of the assessments.
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Page 2 of 3 of Resolution No. 2002-222
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1 FISCAL YEAR
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2 SECTION IO. That the assessments as above authorized and levied for these
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ending June 30,2003. z
proceedings will provide revenue and relate to the fiscal year commencing July 1, 2002 and
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council
held on the 23rd day of JULY , 2002 by the following vote, to wit:
PAGE 3 OF 3 OF RESOLUTION NO. 2002-222