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HomeMy WebLinkAbout1978-05-16; City Council; Resolution 5425-- IESOLUTION NO. 5425 RESOLIJTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE ANNEXATION OF LANDS TO AN EXISTING STREET LIGHTING DIST- CERTAIN LIGHTING FIXTURES AND APPLIANCES WITHIN SAID AREA, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING THEREON, RICT :ro PROVIDE FOR THE MAINTENANCE OF CITY OF CAFUSBAD WHEREAS, this City Council has previously initiated and conducted proceedings for the formation of a Street Lighting District in . said City under this terms and provisions of the "Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and High- ways Code of the State of California; said street lighting dist- rict having been designated as STREET LIGHTING DISTRICT NO, 1 (hereinafter referred to as the "Street Lighting District") ; and, WHEREAS, this City Council is now considering the annexation of certain lands to said Street Lighting District pursuant to the provisions of said law to also provide continual maintenance for said annexed area to be known and designated as ANNEXATEON NO, 1 (hereinafter referred to as the "Annexed Area"); and, . WHEREAS, at this t.ime, there has been presented and approved by this City Council, a "Report" by the City Engineer, as required by law, relating t.o the Annexed Area, and at this time the City Council is desirous of proceeding with the annexation of said areas and lands to the existing Street Lighting District. NOW, THXREFO-RE, I'J! IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFOFW IA, AS FOLLOWS : SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2, That the public interest and convenience requires, and it is the intention of this City Council, as it relates to the Annexed Area, to order those certain fixtures and appliances on portions of streets, avenues, places, parkways, and public ways within this City, as shown on that certain diagram and plan, all being a part of the "Reporto of the City Engineer on file in the Office of the City Clerk, to be maintained, and current to be furnished for lighting said fixtures and appliances for a period of time not longer than that fixed for the existing Street Lighting District, said period to end on the 30th day of JUNE, 1982 , all in accordance with said "Report" of the Engineer. Said "Report", as relating to said Annexed Area, is re- ferenced and made a part hereof, All of the work and improvements as set forth above shall be done in accordance with the plans and spe- cifications referred to, and for particulars, refe- rence is made to said plans and specifications as . on file in the Office of the City Clerk, BOUNDARIES OF ANNEXED AREA SECTION 3, That the work, improvement, maintenance and service contemplated is of direct benefit to the properties within the boundaries of the area proposed to be annexed to the existing Street Lighting District, and this City Council hereby makes the expense of said work, maintenance, service and improvement chargieable upon said Annexed Area, which area said City Council declares to be the area benefited by said work and improvement, and to be assessed to pay the c:ost and expense thereof, which said Annexed Area is all that portion of the City as shown on the Assessment Diagram for said Annexed Area as on file in the Office of the City Clerk, and said Diagram indic:ates the extent of said Annexed Area and the exterior boundaries thereof, and reference is hereby made to said Diagram and Plan for a complete and detailed description of said Annexed Area, .excepting therefrom any public street or wayp which nay in- cluded in said Annexed Area, Said Diagram and Plan sha1:L govern for all details as to the extent of said Annexed Area. PUBLIC PROPERTY SECTION 4, That any lots or parcels of land known as public pro- perty, as the same are defined in Section 18014 of Division 14, Part 1, of the Streets and Highways . Code of the State of California, which are included . within the boundaries of the Annexed Area, shall be omitted and exempt from any assessment to be made under these proceedings to cover any of the costs and expenses of said maintenance work. SPECIAL FUND SECTION 5. That the City Treasurer has previously established a' special fund known as- the "Street Lighting Main- tenance Fund", and the City Treasurer shall place in said special fund all monies collected relating to said Annexed Area pursuant to the provisions of Section 18190 of the "Street Lighting Act of 1319", being Part 1 of Division 14 of the Streets and Eiigh- ways Code of the State of California, as amended. Payments shall be made out of said special fund only for the purposes provided for in said Part 1 of Division 14. -2- SECTION 6. SECTION 7. SECTION 8, SECTION 9. PROCEEDINGS The improvement contemplated by this Resolution of Intention shall be done under the provisions of the "Street Lighting Act of 1919", being Part 1 of Division 14 of the Streets and Highways Code of the State of California, as amended, and specifically as it relates to the annexation of additional land. DESCRIPTION OF MAINTENANCE That the improvements for which said Annexed Area is to be formed shall be for the maintenance of the street lighting as set forth in Exhibit "A" attached hereto, referenced, and so incorporated. REPORT That the "Report" of the Engineer regarding the annexation of certain lands to the existing Street: Lighting District is as previously approved and is on file in the Office of the City Clerk and open for public inspection. PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT TUESDAY , THE 20t.h DAY OF JUNE, 1978 I AT THE HOUR OF 7 : 30 O'CLOCK P.M. , IN THE COUNCIL CHAMBERS OF THE CITY COUNCIL, BEING THE REGULAR MEETING PLACE OF SAID CITY COUNCIL, IS THE TIME AND PLACE FIXED BY THIS CITY COUNCIL FOR THE HEARING OF PROTESTS OR OBJECTIONS IN REFERENCE TO THE ANNEXATION OF LANDS TO THE EXISTING STREET LIGHTING DISTRICT, TO THE EXTENT OF THE MAINTENANCE, WORKS OF IMPROVEMENT, AND ANY OTHER MATTERS CONTAINED IN THIS RESOLUTION. ANY ~ PERSClNS WHO WISH TO OBJECT OR PROTEST SHOUljD FILE A WRITTEN PROTEST OR OBJECTION WITH THE CITY CLERK PRIOF! TO THE TICE SET AND SCHEDULED FOR SAID PUBLIC HEAR1 NG - I NOTICE SECTION 10. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the CARLSBAD said City, said publication shall be not less than ten (10) days before the date for said Public Hearing and further, said publication shall be by two (2) succes- sive insertions in said daily or weekly newspaper. JOURNAL , a newspaper of general circulation within v POSTING SECTION 11, That the City Clerk shall cause to be conspicuously posted along all streets in the Annexed Area where the improvement is proposed to be maintained, at not rnore than three hundred (300) feet apart, but not :Less than three (3) in all, Notices of the pass- age of this Resolution of Intention to Annes; said posting of Notices shall be completed at least ten (10) days prior to the date set for Public Hearing. -3- EFFECTIVE DATE SECTION 12. That upon its adoption, this Resolution shall take effect immediately. TAX COLLECTOR SECTION 13. That a certified copy of the assessment roll and diagram, upon its confirmation, is to be recorded in the Office of the Tax Collector, and for the proceedings herein, CITY ENGINEER, CITY OF CARLSBAD is hereby appointed as the person to perform the duties required by law for the City Tax Collector. PROCEEDINGS INOUIRIES SECTION 14. For any and all information relating to the pro- ceedings, including information relating to protest procedure, contact the following: JOSEPH E. SPAN0 ASSESSMENT ENGINEER CITY OF CARLSBAD 1200 ELM AVENUE CARLSBAD, CALIFORNIA 92008 TELEPHONE: (714) 729-1181 APPROVED and ADOPTED this 16 th day of May, 1978 .) PAL 0”M QLY MAYOR, RONALD C. PACKARD CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CIPY $F CARLSBAD STATE OF CALIFORNIA -4- CITY OF CARLSBAD STFEET LIGHTING DISTRICT NO, 1 TuUNEXATION NO. 1 EXHIBIT "A" The following is a general description of the lighting system to be maintained in the annexed area in the City of Carlsbad, California, pursuant to the terms and pro- visions of the '*Street Lighting Act of 1919", being Division 14, Part 1 of the Streets and Highways Code of the State of C!alifornia; said area to be known and designated as "ALUNEXATION NO. 1" : The street lighting systern to be maintained consists of ,735 City owned lights on orna- mental standards, The lights are located as shown on a map entitled "MAP OF LIGHTING DISTRICT 1977-1982, ANNEXATION NO, 1". The maintenance of the system shall consist of cleaning lenses and standards, replacing bulbs, photoelectric cells, ballasts, and wire as necessary. e.. STATE OF CALIFORNIA ) COUNTY OF SAN DIEGCI ) ss. CITY OF CARLSBAD 1 I, MARGARET E. ADWIS, City Clerk of Ithe City of CARLSBAD, California, DO HEREiBY CERTIFY that the foregoing Resolution, being Resolution No. 5425 was dilly passed, approved and adopted by said City Council, approved and signed by the Mayor, and attested by the City Clerk, all at a regular meeting of said City Council held on the 16th adopted by the foll.owing vote, to-wik: day of May, 1978 , and that the same was passed and AYES: C:OUNCIL" : Piickard, Skotnicki , Anear and Councilwoman Casler NOES : COUNCIfiMEN : None COUNCILMEN : None ABSENT : Executed this 1 7 t h day of May, 1978 , at CARLSBAD, California. -- STATE :OF CALIFORNIA