HomeMy WebLinkAbout1975-08-05; City Council; Resolution 3703.>
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RESOLUTION NO. 3703
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE FORMA- TION OF LIGHTING MAINTENANCE DISTRICTS NO.
1, 2 AND 3 IN SAID CITY AND CONFIRMING ASSESS- MENTS THEREFOR
WHEREAS, the City Council of the City of Carlsbad did on
May 6, 1975 pass Resolution No. 3638 ordering the City Engineer
to prepare and file a report pursuant to the Municipal Lighting
Maintenance District Act of 1927 for the maintenance and operation
of a street lighting system in the City of Carlsbad; and
WHEREAS, the City Engineer of said City has filed with the
City Council of said City said report in writing, as directed by
the City Council; and
WHEREAS, the said City Council did on the 3rd day of June,
1975, pass Resolution No. 3656 approving said report of said City
Engineer; and
WHEREAS, the City Council of the City of Carlsbad did on the
3rd day of June, 1975 pass its Resolution of Intention No. 3657,
declaring its intent to establish lighting maintenance districts
in the City of Carlsbad and setting a time and place for hearing
protests thereto; and
WHEREAS, notice for said public hearing was incomplete; and
WHEREAS, the City Council did on the 1st day of'July, 1975
pass Resolution No. 3677 rescinding Resolution No. 3657 and pass
Resolution of Intention No. 3678, declaring its intent to establish
lighting maintenance districts in the City of Carlsbad and setting
August 5, 1975 at 7:OO p.m. as the time and place for hearing
protests thereto; and
WHEREAS, the said Resolution of Intention was duly and
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regularly published as required by law; and
WHEREAS, notices of passage of said Resolution of Intention
No. 3678 headed "Notice of Formation of Lighting Maintenance
Districts" was conspicuously posted along all streets in the
districts, where lighting exists, which are to be assessed for
the benefits thereof, at not more than 300 feet apart, but not
less than three (3) in all, said districts more particularly
described in Resolution of Intention, all as required by law,
after the passage of said Resolution of Intention, as appears
from the affidavit of Timothy C. Flanagan, City Engineer, who
caused to be posted said notices and who upon the completion of
the posting of same, forthwith filed his affidavit of so doing
in the Office of the City Clerk of said City, making oath that
he completed the posting of said notices on the 22nd day of July,
1975; and
WHEREAS, the City Engineer has presented to the Council an
assessment roll showing the assessment to be levied against each
individual parcel of land to be benefited by said districts in
funding said districts share of the total costs of operation and
maintenance for the street lighting system; said roll is on file
in the Office of the City Engineer and is incorporated by reference
herein; and
WHEREAS, on August 5 , 1975, the City Council of the City
of Carlsbad did proceed to hold and did hold a duly noticed public
hearing in conformity with the provisions of the Municipal Lighting
Maintenance District Act of 1927, in order to consider any protests
against the formation of said districts or against any individual
assessments; and
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WHEREAS, at said hearing no protests or objections were
?resented in the time and manner as required by law, and said
Jity Council having determined that the territory within the
Doundaries of Districts No. 1, 2 and 3 as hereby established
sill be benefited by the maintenance and operation herein deter-
nined upon and thereby acquired jurisdiction to proceed.
NOW, THEREFORE, BE IT RESOLVED by the Cit-y Council of the
2ity of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the boundaries of the districts shall be as shown
3n the map entitled "Lighting Maintenance District Map, 1975-77"
3n file in the Office of the City Clerk and incorporated herein
by reference.
3. That the items of maintenance for the lighting system
shall consist of electric power, relamping, cleaning of lenses
and repair or replacement of damaged circuits, luminaires and
standards and other necessary items as described in the Report
of the City Engineer to the City Council dated June 3, 1975, on
file in the Office of the City Clerk and incorporated by reference
herein. Said system shall be lighted from fifteen (15) minutes
after sunset until one-half hour (thirty minutes) before sunrise
each day in the year.
the above items of maintenance is as follows:
The estimated cost for the first year of
District No. 1 $20,415.10
District No. 2 $11,319.89
District No. 3 $78,191.44
4. That the City Council determines that Lere is only one
contractor practically capable of serving the street lighting
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system and that such contractor is subject to the jurisdiction
of the Public Utilities Commission of the State of California,
and the City Council orders that the above described items of
maintenance and operation be furnished from time to time as
necessary by the San Diego Gas and Electric Company, in accordance
with the rates and rules filed by it from time to time with said
Public Utilities Commission.
5. That the City Council orders that the percentage of the
total expenses of maintenance and operation to be paid by Districts
No. 1, 2 and 3 shall be paid by special assessment taxes levied
upon all the lands, exclusive of improvements, within said district
6. That the City of Carlsbad shall pay the following amounts
of the total expense of maintenance and operation of said system:
District No. 1 $ 93.80
District No. 2 $ 384.23
District No, 3 $1,261.44
7. That the amount of the total expense of maintenance and
operation of said system to be paid by each district of assessment
against individual benefited parcels of land within each district
is as follows:
District No. 1 $20,321.30
District No. 2 $10,935.66
District No. 3 $76,930.00
8. That the assessments as shown on the final assessment
roll be confirmed and that a certified copy of this resolution
and the confirmed assessment roll be forwarded to the County
Controller for collection.
9. That the City Council hereby orders that the districts
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herein described be formed.
PASSED, APPROVED AND ADOPTED by the City Council of the City
of Carlsbad, California the 5th day of August 1975, by
the following vote, to wit:
AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and
NOES : None Councilwoman Casler
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ABSENT: None
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RbBERT C. FRAZEE, May&