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HomeMy WebLinkAbout2013-07-09; City Council; Resolution 2013-174Exhibit 2 1 RESOLUTION NO. 2013-174 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 4 6 7 WHEREAS, the City Council of the City of Carlsbad, California, has initiated 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 existing assessment district in which assessments are not proposed to be increased, and is therefore exempt from the 10 11 12 13 14 15 procedures and requirements pursuant to California Constitution Article XIIID § 5 (a); 17 and 18 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 20 diagram and all other matters as contained in the Engineer's Report (the "Report") as 21 now submitted for final consideration and approval. 22 " 23 24 25 26 27 28 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitals are all true and correct. 35 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 Resolution 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 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 14 15 16 17 18 19 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 of San Diego. 24 25 26 27 28 Exhibit 2 1 ENTRY UPON THE ASSESSMENT ROLL 2 SECTION 8. That after the filing of the diagram and assessment, the San Diego County Auditor shall enter on the County of San Diego 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 of San Diego taxes are collected, and all laws providing for the g collection and enforcement of County of San Diego taxes shall apply to the collection 10 and enforcement of the 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 2013 and ending June 30, 2014. 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 ofthe City Council ofthe City of Carlsbad on the 9th day of July 2013, by the following vote to wit: AYES: NOES: Council Members Hall, Wood, Blackburn, Douglas. None. ABSENT: Council Member Packard. MATT HA ATTEST: M_L, Mayor BARBARA ENGLESON Clerk