HomeMy WebLinkAbout2012-06-26; City Council; Resolution 2012-1559
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Exhibit 2
1 RESOLUTION NO. 2012-155
2 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
5 LANDSCAPING DISTRICT NO. 1
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7 WHEREAS, the City Council of the City of Carlsbad, California, has inifiated
8 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 exisfing assessment district in which
assessments are not proposed to be increased, and is therefore exempt from the
-Ig procedures and requirements pursuant to California Constitufion Article XIIID § 5 (a);
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18 WHEREAS, at this fime, a public hearing has been held relafing to the levy of the
19 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.
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.
CONFIRMATION
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
g 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 Resolufion of
11 Intention.
12 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
detemnined 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
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20 SECTION 6. That the above-referenced diagram and assessment shall be
21 filed 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
SECTION 7. That the City Clerk is herby 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.
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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,
the amount assessed thereupon.
COLLECTION AND PAYMENT
SECTION 9. The assessments shall be collected at the same fime 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
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^0 assessments.
11 FISCAL YEAR
12 SECTION 10. That the assessments as above authorized and levied for
13 these proceedings will provide revenue and relate to the fiscal year commencing July 1,
14 2012 and ending June 30, 2013.
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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
1 PASSED, APPROVED AND ADOPTED at a Regular Meefing of the City Council
2 of the City of Carlsbad on the 26^^ day of June, 2012, by the following vote to wit:
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11 MATTHALL, Mayor
12 ATTEST:
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15 [^^ ai/LC£l^d.L .
^INEMTWOOD, City Clerk