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HomeMy WebLinkAbout1973-06-05; City Council; 2056; Report of Lighting Maintenance DistrictsRESOLUTION NO. 3146 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2'7 28 29 30 31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, 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. WHEREAS, the public convenience and necessity require the maintenance and operation of a street lighting system in the City of Carlsbad for a period of months beginning July 1, 1973 and ending June 30, 1978; and WHEREAS, it is the intention of the City Council of the City of Carlsbad to proceed pursuant to the provisions of Division 14, Part 3 of the Streets and Highways Code of the State of California, being the Municipal Lighting Maintenance District Act of 1927 to accomplish said system; and IIHEREAS, the provisions of said Act require that a written report regarding said system be prepared by the City Engineer and filed with the City Council prior to the adoption of a resolution of intention to form said district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the City Engineer of the City of Carlsbad be and he is hereby ordered to prepare and file a written report pursuant to Section 18660 of the Streets and Highways Code regarding the operation and maintenance of a street lighting system in the City of Carlsbad. 3. That the City Engineer in connection with said report is also ordered to prepare and file a map of the proposed district in accord with Section 18661 of said Code. PASSED, APPROVED AND ADOPTED at a regular meeting of 32 the City Council on the 5th day of June , 1973, by the -I I. I c 3 f .; % f C t 'i E 5 IC 11 12 - 1: 3.4 1: 1E 17 l€ 1E 2c 21 22 22 24 25 2t 27 2€ 25 3c 31 32 following vote, to wit: AYES : Cmn. McComas, Lewis, Chase and Frazee. NOES : None. ABSENT: Mayor Dunne. f) kY.LL-- GLENN E. McCOMAS, Vice-Mayor ATTEST: / (seal ) 2. 1 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 29 30 31 32 RESOLUTION NO. 3147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, APPROVING THE REPORT OF THE CITY ENGINEER REGARDING THE MAINTENANCE AND OPERATION OF A STREET TION NO. 3146'. LIGHTING SYSTEM MADE PURSUANT TO RESOLU- WHEREAS, the City Council of the City of Carlsbad, did, by Resolution No. 3146, adopted pursuant to the Municipal Lighting Maintenance District Act of 1927, order the City Engineer to make and file a report relating to the creation of a district for said purpose; and !dHEREAS, the City Engineer has complied with the terms of said resolution and has presented the report to the City Council; and WHEREAS, the City Council has proceeded to examine, inspect, and consider said report; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the report of the City Engineer of the City of Carlsbad dated June 5, 1973, and the map entitled "Lighting Maintenance District Map 1973-78" which accompanied said report are hereby approved. 3. The City Engineer is directed to file said report and said map with the City Clerk. PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the - 5th day of June , 1973, by the following vote, to wit: AYES: Cmn. McComas, Lewis, Chase and Frazee. NOES : None. ATTEST: Vice-Mayor Glenn E. McComas 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 29 30 31 32 RESOLUTION N0.3148 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, DECLARING THE INTENTION OF SAID COUNCIL TO ESTABLISH LIGHTING MAINTENANCE DISTRICTS IN THE CITY OF CARLSBAD TO PROVIDE FOR THE MAINTENANCE AND OPERATION OF STREET LIGHTING SYSTEMS IN SAID CITY FOR A PERIOD OF MONTHS BEGINNING JULY 1, 1973, AND ENDING JUNE 30, 1978, AND SETTING A TIME AND PLACE FOR HEARING PROTESTS THERETO. WHEREAS, the City Council has determined upon report by the City Engineer that the public interest and convenience require the operation and maintenance of a street lighting system in the City of Carlsbad; and WHEREAS, the City Council intends to fund a portion of the expenses for said system by the formation of three districts comprised of lands to be benefited by said system all pursuant to the Municipal Lighting Maintenance District Act of 1927; NOM, THEREFORE BE IT RESOLVED by the City Council of the City of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the public interest and convenience require and it is the intention of this City Council to order that a street lighting system comprised of certain fixtures and appliances on certain public ways within the city, both as described herein, be maintained and operated for a period of months beginning July 1, 1973, and ending June 30, 1978, and that a portion of the costs thereof be financed by assessments levied against certain lands within the city benefiting from said system contained in three districts to be formed pursuant to the Municipal Lighting Maintenance District Act of 1927. 3. That the public ways to be lighted are shown on the plat map entitled "Lighting Maintenance District Map 1973-78" 1. 1 2 3 4 5 6 7 a 9 LO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 on file in the office of the City Clerk and incorporated by reference herein. 4. The lighting systems to be maintained and operated are also shown on said map: District 1 outlined in yellow encompasses all of the City of Carlsbad; District 2 is made up of the red areas; and District 3 is made up of the green areas,and are further generally described in the Report of the City Engineer to the City Council dated June 5, 1973, on file in the office of the City Clerk and incorporated by reference herein. 5. That the general items of expense of maintenance and operation proposed to be furnished, the cost of which is to be assessed in whole or in part against the lands within the three districts including electric power, repairs, replacements and other necessary items, are described in said Report of the City Engineer. 6. That the statement of the estimated cost of all other items in the three districts for the first year is contained in said report and in Exhibit ''A" thereto. 7. That it is estimated that the system will not require any gas power. It is estimated that the system will require approximately 1,048,480 kilowatt-hours of electric power per year for each year of operation. 8. That the boundaries of the three districts to be benefited by and to be assessed to pay the costs of the maintenance and operation of the system are shown on the map entitled "Lighting Maintenance District Map 1973-78" on file in the office of the City Clerk and incorporated by reference herein. 9. That the 'length of time that maintenance and operation shall be furnished for the system shall be from 1973 to 1978. 10. That the improvement contemplated by this Resolution 2. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 of Intention shall be done under the provisions of the Municipal Lighting Maintenance District Act of 1927 being Part 3 of Division 14 of the Streets and Highway Code of the State of California. 11. That 7:30 p.m., the 17th day of July, 1973, at the Council Chambers of the City Hall, 1200 Elm Avenue, Carlsbad, California, is hereby designated as the time and the place where all persons having any interest in lands within the district liable to be assessed for the expenses of the maintenance and operations may be heard and objections or protests will be heard. 12, That there shall be paid a percentage of the costs of the maintenance and operations of said system by the city from such funds as the City Council may designate as follows: District No. 1: Three (3%) Per Cent District No. 2: Thirteen (13%) Per Cent District No. 3: Seven (7%) Per Cent 13. That the City Clerk is directed to give notice of said time and place of hearing in the time, form and manner prescribed by law in the official newspaper of the city. 14. That the City Engineer is directed to post the notices as required by Section 18666 of the Streets and Highways Code, PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council on the - 5t.h day Of Jwne , 1973, by the following vote, to wit: AYES: Cmn. McComas, Lewis, Chase and Frazee. NOES : None. ABSENT: Mayor Dunne. GLENN E. Plc COMAS, Vice-Mayor k J (seal) 3. RESOLUTION NO. 3188 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE FORMATION OF LIGHTING MAINTENANCE DISTRICTS NOS. 1, 2 AND 3 IN SAID CITY AND CONFIRMING ASSESSMENTS THEREFOR. WHEREAS, the City Council of the City of Carlsbad did on June 5, 1973, pass Resolution No. 3146 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 Garlsbad; 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 5th day of June, 1973, pass Resolution No. 3147 approving said report of said City Engineer; and WHEREAS, the City Council of the City of Carlsbad did on the 5th day of June, 1973, pass its Resolution of 20 21 22 23 24 25 26 27 28 29 30 31 32 k 0 Intention No. 3148, 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, the said Resolution of Intention was duly and regularly published as required by law; and WHEREAS, notices of passage of said Resolution of Intention No. 3148 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 1. I 1 2 3 4 5 6 7 8 9 10 11 12 13 D 14 8 15 16 ;tfw as 8 20 21 22 23 24 25 26 27 28 29 30 31 32 - u WHEREAS, at said hearing no protests or objections were I l presented in the time and manner as required by law, and said I City Council having determined that the territory within the boundaries of districts nos. 1, 2 and 3 as hereby established will be benefited by the maintenance and operation herein determined upon and thereby acquired jurisdiction to proceed. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad as follows: Intention, as appears from the affidavit of Hunter T. Cook, 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 26th day of June, 1973; 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 1. That the above recitations are true and correct. 2. That the boundaries of the districts shall be as shown on the map entitled Lighting Maintenance District Map 1973-78 on file in the office of the City Clerk and incorporated herein by reference. 2. 1 2 3 4 5 6 7 8 9 10 11 12 13 Q 14 6 20 21 22 23 24 25 26 27 28 29 30 31 32 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 5, 1973, 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 sunrfse each day in the year. The estimated cost for the first year of the above items of maintenance is as follows: District No. 1 $ 14,865.22 District No. 2 9,015.08 District No. 3 4331 6.74 4. That the City Council determines that there is only one contractor practically capable of serving the street lighting 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 nos. 1, 2 and 3 shall be paid by special assessment taxes levied upon all the lands, exclusive of improvements, within said districts. 6. That the City of Carlsbad shall pay the following amounts of the total expenses of maintenance and operation of said system: District No. 1 $ 1,618.62 District No. 2 1,416.74 District No. 3 1,544.78 3. 1 2 3 4 5 6 7 8 9 10 l1 12 l3 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 $ 13,246.60 District No. 2 7,598.34 District No. 3 42,371.96 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 herein described be formed. PASSED rlsbad thi wit: AYES: NOES: ABSENT: 14 15 16. 17 18 19 20 21 AND ADOP s 2nd d Ca to Counci None. None. 27 28 29 TED by the C ay of August (seal) lmen Dunne, 2411 ATTEST: 25 26 ity Coun , 1973, McComas, cil of the City of by the following vote, Lewis, Chase and Frazee. 30 31 32 4.