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HomeMy WebLinkAbout2015-07-14; City Council; Resolution 2015-192EXHIBIT 2 1 RESOLUTION NO. 2015-192 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT AND PROVIDING FOR UGHTING AND LANDSCAPING DISTRICT NO. 2, A 4 SPECIAL ASSESSMENT DISTRICT 3 17 18 19 20 23 24 25 26 27 28 WHEREAS, the City Council ofthe City of Carlsbad, California, has initiated proceedings 5 6 7 for the levy of the annual special assessment district pursuant to the terms of the Landscaping 8 and Ughting Act of 1972 (Division 15, Part 2 of the State Streets Highways Code, commencing with Section 22500); the special assessment district is known and designated as Street Lighting and Landscaping District No. 2 (hereinafter referred to as the "Assessment District"); and 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 9 10 11 12 13 14 Diego County Consumer Price Index (CPI), as was approved by the City Council following a 15 property owner vote, and the proposed assessments to be levied are less than or equal to the 16 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 annual assessments, and the City Council is now satisfied with the assessment and diagram and all 21 other matters as contained in the Engineer's Report (the "Report") as now submitted for final 22 consideration and approval. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California as follows: 1. That the above recitations are true and correct. 1 2. That all protests and objections of every kind and nature be, and the same hereby are, overruled and denied. 3. That the final assessment and diagram for the proceedings, as contained in the Engineer's Report, are hereby approved and confirmed. 4. That the public interest and convenience requires and the City Council does 3 4 5 6 7 hereby order the maintenance work to be made and performed as set forth in the 8 Report, and as previously declared and set forth in the Resolution of Intention. 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 9 10 11 12 j3 determined that all assessments have been apportioned properly in accordance 14 with the benefits that each parcel receives from the proposed maintenance works 15 of improvement. 6. That the above-referenced diagram and assessment shall be filed in the office of 17 the City Clerk, with a certified copy to be filed in the office of the Finance 18 Department. Said diagram and assessment, and the certified copy thereof, shall 2Q be open for public inspection. 21 7. That the City Clerk is hereby ordered and directed to file a certified copy of the 22 diagram and assessment with the County of San Diego Auditor. Said filing is to be 23 made no later than the third Monday in August, or as required by the County of 24 San Diego. 25 26 27 28 1 8. That after the filing of the diagram and assessment, the County of San Diego 2 Auditor shall enter on the County of San Diego Assessment Roll, opposite each lot or parcel of land, the amount assessed thereupon. 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 3 4 5 6 7 and enforcement of County of San Diego taxes shall apply to the collection and 8 enforcement of the assessments. 9 10 11 12 13 /// 14 /// 15 /// III 17 III 18 19 20 /// 21 /// 22 /// 23 /// 24 III 25 26 27 28 10. That the assessments as above authorized and levied for these proceedings will provide revenue and relate to the fiscal year commencing July 1, 2015 and ending June 30, 2016. 3 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 lA^^ day of July, 2015, by the following vote to wit: AYES: NOES: Council Members Hall, Blackburn, Schumacher, Wood, Packard. None. ABSENT: None. MATT HALL, Mayor ATTEST: BARBARA ENGLESOIV^ity Clerk (SEAL) Z9-^f.^^.9.o:^^.^