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HomeMy WebLinkAbout2014-06-24; City Council; Resolution 2014-162Exhibit 2 1 RESOLUTION NO. 2014-162 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CAUFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR THE LEVY OF THE ANNUAL ASSESSMENT FOR STREET LIGHTING AND LANDSCAPING DISTRICT 5 NO.2 14 15 16 17 18 19 20 25 26 27 28 WHEREAS, the City Council of the City of Carlsbad, California, has initiated 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 6 7 8 9 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 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 or equal to 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 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 now 23 submitted for final consideration and approval. 24 NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: RECITALS SECTION 1. That the above recitations are 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 Council does hereby order the maintenance work to be made and performed as set forth 10 in the Report, and as previously declared and set forth in the Resolution of Intention. 11 SECTION 5. That the assessments contained in the Report for the next fiscal year 12 are hereby confirmed and levied upon the respective lots or parcels of land in the ^3 Assessment District in the amounts as set forth In the final Report. It Is hereby further detennined 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 in the office ofthe City Clerk, with a certified copy to be filed in the office ofthe Engineering 3 4 5 6 7 8 9 14 15 16 17 18 19 20 Department. Said diagram and assessment, and the certified copy thereof, shall be open 21 for public Inspection. 22 SECTION 7. That the City Clerk Is hereby ordered and directed to file a certified 23 copy of the diagram and assessment with the San Diego 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. ENTRY UPON THE ASSESSMENT ROLL 24 25 26 27 28 Exhibit 2 1 SECTION 8. That after the filing of the diagram and assessment, the San Diego 2 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 in the same manner as County of San Diego taxes are collected, and all laws providing for the collection and enforcement of County of San Diego taxes shall apply to the collection and enforcement of the assessments. 10 FISCAL YEAR 11 SECTION 10. That the assessments as above authorized and levied for these 12 proceedings will provide revenue and relate to the fiscal year commencing July 1, 2014 and ending June 30, 2015. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 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 24th day of June 2014, by the following vote to wit: AYES: NOES: Council Members Hall, Packard, Wood, Schumacher, Blackburn. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESON, Ci O: