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HomeMy WebLinkAbout1978-06-20; City Council; Resolution 5463RESOLUTION NO. 5463 RESOLUTION OF THE CITY COUNCIL COIJFIRPilING A DIAGRAM AND ASSESSNENT AND PROVIDING FOR ASSESSMENT LEVY, AND ORDERING NECESSARY MAINTENANCE WORK TO BE PERFORMED. CITY OF CARLSBAD WHEREAS, this City Council has previously initiated and conducted proceedings for the formation of a Street Lighting District in said City under the 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 district having been designated as STREET LIGIITING DISTRICT NO, 1 (hereinafter referred to as the "Street Lighting District"); and, WHEREAS, this City Council has, by Resolution, declared its inten- tion to order certain lands and properties to be annexed to the existing Street Lighting District, said area designated as ANNEXATION NO. 1 (hereinafter referred to as the "Annexed Area"); and, 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 annex certain lands to said Street Lighting District and to levy the assessments for the above designated Annexed Area, and further did proceed to give notice of the time and place for a Public Hearing on all matters relating to the annexation of said Annexed Area to said Street Lighting District; and, WHEREAS, at this time, this City Council has heard all testimony and evidence and is desirous of proceeding with the annexation of said Annexed Area and with the confirmation of the diagram and assessment and the levy of said assessments, NOS?, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORLUIA, 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 That upon the conclusion of the Public Hearing, written protests filed and not withdrawn, did not represent property owners owning more than fifty percent (50%) of the area of assessable lands within said Annexed Area and all protests are hereby overruled and denied. a SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7, SECTION 8, SECTION 9. That this City Council hereby confirms the diagram and assessment as submitted, and approves the levy of the assessment for the years and in the amounts as set forth in the Engineer's "Report" and as re- ferred to in the Resolution of Intention as pre- viously adopted relating to the annual assessment levy for said Annexed Area. That the estinates of costs, the assessment diagram, the assessments, and all other matters as set forth in the Engineer's "Report" relating to the Annexed Area, pursuant to said "Street Lighting Act of 1919" as submitted, ace hereby approved, adopted, and con- firmed by this City Council. That the.adoption of this Resolution constitutes the levy of the assessment relating to said Annexed Area for a period of FOUR ( 4) years, commencing on all in accordake with the "Report" of the City Engineer. That the maintenance works of improvement contemplated by the Resolution of Intention relating to said Annexed Area 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. said County, the net amount of the assessment shall be paid the City Treasurer of said City. That the City Treasurer shall herein establish a special entry for "FUND FOR STREET LIGHTING DISTRICT NO. 1, ANNEXATION NO, l", into which the City Treasurer shall -place all monies collected by the Tax Collector pur- suant 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. , and the Ist day of JUJaY. 1978 ending on the 30th day of JUNE, 1982' . ? After collection by That the City Clerk is hereby ordered and directed to file a certified copy of the Diagram and Assessment Roll relating to said Annexed Area with the County Auditor, together'with a certified copy of this Reso- lution upon its adoption. That the City Clerk is further directed and ordered to file a certified copy of the Diagram and Assessment Roll relating to said Annesed Area with the County Tax Collector, together with a certified copy of this Re- solution upon its adoption. -2- . 4 SECTION 10. That a certified copy of the Assessment and Diagram relating to said Annexed Area 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, APPROVED and ADOPTED this -20th. day of June, 1978 . CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: CITY &? CARLSBAD STATE OF CALIFORNIA -3- STATE OF CALIFORNIA ) COUNTY OF Sm? DIEGO ) ss. CITY OF CARLSBAD 1 I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5463 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 regular meeting of said City Council held on the 20th day of June, 1978 , and that the same was passed and adopted by the following vote, to-wit: AYES : NOES: ABSENT: Ex zuted thi California. COUNCILMEN: PACKARD, SKOTNICKI, ANEAR AND COUNCILMEN: NONE COUNCILWOMAN CASLER COUNCILMEN : N 0 N E 21st day of June, 1978 , at CARLSBAD, CITY ogY CARLSBAD STATE OF CALIFORNIA