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HomeMy WebLinkAbout2011-06-28; City Council; Resolution 2011-158Exhibit 2 1 RESOLUTION NO. 2011 -158 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING 3 THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR STREET LIGHTING AND 5 LANDSCAPING DISTRICT NO. 2 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 Streetsy 10 Highways Code, commencing with Section 22500); the special assessment district is 11 known and designated as Street Lighting and Landscaping District No. 2 (hereinafter 12 referred to as the "Assessment District"); and 13 WHEREAS, the Assessment District is an existing assessment district in which 14 the maximum allowable assessment rates for each zone have been increased by the annual change in the San Diego County Consumer Price Index (CPI), as was approved 16 by the City Council following a property owner vote, and the proposed assessments to 17 be levied are less than the allowable maximum rates and; therefore, this Assessment 18 District is exempt from the procedures pursuant to California Article XIIID § 5 (a); and19 WHEREAS, at this time, a public hearing has been held relating to the levy of the 21 annual assessments, and the City Council is now satisfied with the assessment and 22 diagram and all other matters as contained in the Engineer's Report (the "Report") as 23 now submitted for final consideration and approval. 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 the same hereby are, overruled and denied. 4 CONFIRMATION 5 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 City8 _ Council does hereby order the maintenance work to be made and performed as sety 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 15 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 abovej-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. O >1 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 o 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 and8 enforcement of County taxes shall apply to the collection and enforcement of they 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, 2011 14 and ending June 30, 2012. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 28th day of June 2011, by the following vote to wit: AYES: Council Members Hall, Kulchin, Blackburn, Douglas. NOES: None. ABSENT: Council Member Packard. MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (SEAL)