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HomeMy WebLinkAbout2005-06-14; City Council; Resolution 2005-1911 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 Exhibit 2 RESOLUTION NO. *005-191 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 FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2. WHEREAS, the City Council of the City of Carlsbad, California, has initiated proceedings for :he levy of the annual special assessment district pursuant to the terms of the Landscaping and Jghting 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 -andscaping District No. 2 (hereinafter referred to as the "Assessment District"); and WHEREAS, the Assessment District is an existing assessment district in which the maximum dlowable assessment rates for each zone have been increased by the annual change in the Zonsumer Price Index (CPI), as was approved by the City Council following a property owner vote, and the proposed assessments to be levied are less than the allowable maximum rates and; :herefore, this Assessment District is exempt from the procedures and requirements pursuant to Zalifornia 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 zonsideration 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 iereby are, overruled and denied. 'ii I 2 3 4 5 6 7 8 9 IO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit 2 CON F I RMATlO N SECTION 3. That the final assessment and diagram for the proceedings, as contained in the Engineer's Report, are hereby approved and confirmed. 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 set forth in the Report, and as 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 office 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 is to be made no later than the third Monday in August, or as required by the County. 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. Ill Ill 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 Exhibit 2 FISCAL YEAR SECTION IO. That the assessments as above authorized and levied for these proceedings rill provide revenue and relate to the fiscal year commencing July 1, 2005 and ending June 30, 006. PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council eld on the 14th day of JUNE , 2005 by the following vote, to wit: AYES: Council Members Hall, Packard , Sigaf oose NOES: None ABSENT: Council Members Lewis, Kulchin CLAUDE A. LWIS, Mayor Mayor Pro Tem Matt Hall ATTEST: (SEAL)