HomeMy WebLinkAbout2012-06-26; City Council; Resolution 2012-156Exhibit 2
1 RESOLUTION NO. 2012-156
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
LANDSCAPING DISTRICT NO. 2
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WHEREAS, the City Council of the City of Carlsbad, California, has inifiated
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
Highways Code, commencing with Secfion 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 exisfing assessment district in which
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
by the City Council following a property owner vote, and the proposed assessments to
be levied are less than the allowable maximum rates and; therefore, this Assessment
District is exempt from the procedures pursuant to California Article XIIID § 5 (a); and
WHEREAS, at this fime, a public hearing has been held relafing to the levy of the
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 conslderafion and approval.
24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
25 RECITALS
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SECTION 1. That the above recitafions are true and correct.
Exhibit 2
1 PROTESTS
2 SECTION 2. That all protests and objecfions 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 confimied.
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
^0 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
l'^ year are hereby confinned 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
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
SECTION 7. That the City Clerk is hereby ordered and directed to file a certified
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copy of the diagram and assessment with the County Auditor. Said filing is to be made
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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 in the same
manner as County taxes are collected, and all laws providing for the collection and
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g 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
proceedings will provide revenue and relate to the fiscal year commencing July 1, 2012
14 and ending June 30, 2013.
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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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AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard.
NOES: None.
ABSENT: None.
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11 MATfTHALl, Mayor
12 ATTEST:
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rORMlNE M. WOOD, City Clerk
(SEAL)