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HomeMy WebLinkAbout2007-07-10; City Council; Resolution 2007-173Exhibit 2 1 RESOLUTION NO. 2007-173 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM 3 AND ASSESSMENT AND PROVIDING FOR THE LEVY OF , THE ANNUAL ASSESSMENT FOR STREET LIGHTING AND LANDSCAPING DISTRICT NO. 2 5 6 WHEREAS, the City Council of the City of Carlsbad, California, has initiated 7 proceedings for the levy of the annual special assessment district pursuant to the terms 8 of the Landscaping and Lighting Act of 1972 (Division 15, Part 2 of the State Streets 9 Highways Code, commencing with Section 22500); the special assessment district is 10 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter 11 referred to as the "Assessment District"); and 12 WHEREAS, the Assessment District is an existing assessment district in which the maximum allowable assessment rates for each zone have been increased by the 15 annual change in the Consumer Price Index (CPI), as was approved by the City Council 16 following a property owner vote, and the proposed assessments to be levied are less 17 than the allowable maximum rates and; therefore, this Assessment District is exempt 18 from the procedures pursuant to California Article XIMD § 5 (a); and 19 WHEREAS, at this time, a public hearing has been held relating to the levy of the 20 annual assessments, and the City Council is now satisfied with the assessment and 21 diagram and all other matters as contained in the Engineer's Report (the "Report") as 22 now submitted for final consideration and approval.23 KH 24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: 25 RECITALS 26 SECTION 1. That the above recitations are true and correct. 27 28 Exhibit 2 1 PROTESTS 2 SECTION 2. That all protests and objections of every kind and nature be, and 3 the same hereby are, overruled and denied. 4 CONFIRMATION SECTION 3. That the final assessment and diagram for the proceedings, as 6 contained in the Engineer's Report, are hereby approved and confirmed. 7 SECTION 4. That the public interest and convenience requires and the City 8 Council does hereby order the maintenance work to be made and performed as set 10 forth in the Report, and as previously declared and set forth in the Resolution of 11 Intention. 12 SECTION 5. That the assessments contained in the Report for the next fiscal 13 year are hereby confirmed and levied upon the respective lots or parcels of land in the 14 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 16 benefits that each parcel receives from the proposed maintenance works of 17 improvement.18 FILING AND RECORDING 20 SECTION 6. That the above-referenced diagram and assessment shall be filed 21 in the office of the City Clerk, with a certified copy to be filed in the office of the 22 Engineering Department. Said diagram and assessment, and the certified copy thereof, 23 shall be open for public inspection. 24 SECTION 7. That the City Clerk is hereby ordered and directed to file a certified 25 copy of the diagram and assessment with the County Auditor. Said filing is to be made 26 no later than the third Monday in August, or as required by the County. 27 28 Exhibit 2 1 ENTRY UPON THE ASSESSMENT ROLL 2 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, 4 the amount assessed thereupon. 5 COLLECTION AND PAYMENT 6 SECTION 9. The assessments shall be collected at the same time in the same 7 manner as County taxes are collected, and all laws providing for the collection and o 9 enforcement of County taxes shall apply to the collection and enforcement of the 10 assessments. 11 FISCAL YEAR 12 SECTION 10. That the assessments as above authorized and levied for these 13 proceedings will provide revenue and relate to the fiscal year commencing July 1, 2007 14 and ending June 30, 2008. 15 // 16 // 17 // 18 19 " 20 " 21 // 22 // 23 // 24 // 25 // 26 // 27 28 31 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 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of Carlsbad on the 10th day of July, 2007, by the following vote to wit: AYES: Council Members Lewis, Kulchin, Hall, Packard and Nygaard. NOES: None. ABSENT: None. C L/URRALNE M. WQ0D, City Clerk /SEAL) ^