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HomeMy WebLinkAbout1977-06-21; City Council; Resolution 5122.I , 1. 4 RESOLUTION NO. 5122 CITY OF CARLSBAD RESOLUTION OF THE CITY COUNCIL CONFIRMING A DIAGRAM AND ORDERING NECESSARY MAINTENANCE WORK TO BE PERFORMED .+ND ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY STREET LIGHTING DISTRICT NO. 1 WHEREAS, the City Council has initiated proceedings for the formation of a maintenance district pursuant to the terms and provisions of the "Street Lighting Act of 1919", being Division 14 of the Streets and Highways Code of the State of California, in a landscaping and lighting maintenance district known and designated as: STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District") . WHEREAS, the City Council has ordered the preparation of a report and the City Engineer has prepared and filed with this City Council a report pursuant to law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to form the Street Lighting District and to levy the assessments for the above designated Maintenance District, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to said formation of said Street Lighting District and the proposed assessment; and, WHEREAS, at this time, the City Council has heard all testimony and evidence and is desirous of proceeding with the formation proceedings and the confirmation of diagram and assess- ment and the levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL ' CITY OF CARLSBAD OF THE AS FOLLOWS: SECTION 1. That the above recitals.are all true and correct. SECTION 2. That upon the conclusion of the Public Hearing, written protests filed, and not withdrawn, did not represent pro- perty owners owning more than fifty percent (50%) of the area of assessable lands within the Street Lighting District, and all protests are hereby overruled and denied. gram and assessment as submitted and approves the levy of the assess- ment for the years and in the amounts as set forth in the Engineer's Report and as referred to in the Resolution of Intention as previously adopted relating to said annual assessment levy. SECTION 3. That this City Council hereby confirms the dia- SECTION 4. That the diagram and assessment as set forth and contained in said Report are hereby confirmed and adopted by this City Council. SECTION 5. That the adoption of this resolution consti- tutes the levy of the assessment for a period of five (5). years commencing on the 1st day of July, 1977 ' and ending on the 30th day of June, 1982 , all in accordance with the report of the City Engineer. SECTION 6. That the estimates of costs, the assessment diagram, the assessments and all other matters, as set forth in the Engineer's Report, pursuant to said "Street Lighting Act of 1919", as submitted, are hereby approved, adopted by this City and hereby confirmed. SECTION 7. That the maintenance works of improvements contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll, the amount of the assessment and said assessment shall then be collected at the same time and in the same manner as the County taxes are collected. After collection by said County, the net amount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That the City Treasurer shall herein establish "FUND FOR STREET LIGHTING DISTRICT NO. 1" into which the City Treasurer shall place all monies collected by the Tax Collector pursuant to the provisions of this Resolution and law and said transfer shall be made and accomplished as soon as said monies have been made available to said City Treasurer. SECTION 9. That the City Clerk is hereby ordered and directed to file a certified copy of the diagram and assessment , roll with the County Auditor, together with a certified copy of ' this resolution upon its adoption. SECTION 10. That the City Clerk is hereby further ordered and directed to file a certified copy of the diagram and assessment roll with the County Tax Collector, together with a certified copy of this resolution upon its adoption. SECTION 11. That a certified copy of the assessment and diagram shall be filed in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. SECTION 12. It is further hereby declared by this City Council that any previously created or formed maintenance district pursuant to the provisions of the "Municipal Lighting Maintenance District Act of 1927" are hereby dissolved and abandoned by operation of law and, specifically, those designated areas being District No. 1, District No. 2, and District No. 3 are hereby expressly dissolved and any proceedings relating thereto are of no longer any force or effect. 2. APPROVED AND ADOPTED this *lst day of 19772 ' . CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST : CITY OF CARLSBAD STATE OF CALIFORNIA 3. 1 *- Q STATE OF CALIFORNIA COUNTY OF SAN DIEGO , CITY OF CARLSBAD ) ss. 1 I, Nora K. Gardiner,, Deputy City Clerk of the City of ’ Carl sbad, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 51 22 , was duly ~ passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a the following vote, to wit: regular meeting of said City Council held on the 21st day of June , 19 - 77, and that the same was passed and adopted by AYES : COUNCILMEN : Frazee , Lewi s, Pac kard and Counci 1 - woman Cas1 er. .. NOES : COUNCILMEN : None. ABSENT : COUNCILMEN: Skotnicki .