HomeMy WebLinkAbout1977-06-21; City Council; 5071-1; Street Lighting Maintenance District No. 1•i' ' ' C.ITY OF CARLSBADv* • •
.•AGENDA DILL NO. 5071.- Supplement No. 1 _ Initial:
DATE; ' - June 21, 1977
DEPARTMENT: Engineering _ C. Mgr.
Subject:
STREET LIGHTING MAINTENANCE DISTRICT NO. 1 - PUBLIC HEARING
Statement of the Matter
The City Council, at its. May 17, meeting, approved Resolution
No. 5091 declaring its intention to form Street Lighting
Maintenance District No. 1 and setting the time for public
hearing on June 21, 1977.
The order of procedure outlines the correct procedure to
be used during the hearing.
EXHIBITS
1. Order of Procedure
2. Resolution No .^*/£%s con firming diagram and assessments for
Street Lighting Maintenance District No. 1.
3. Resolution No.^y^j? approving contract and authorizing
execution.
RECOMMENDATION :
Adopt: 1) 'Resolution No . Jf/^j, confirming diagram and assessments
for Street Lighting Maintenance District No. 1.
2) Resolution No . &"/£>y approving the contract and
authorizing execution.
COUNCIL ACTION:
6-21-77 There Were .rio objections to the Street Lighting Maintenance District.
Resolution No. 5122 was adopted.
Resolution No. 5123 was adopted.
ORDER OF PROCEDURE
CITY OF CARLSBAD
STREET LIGHTING MAINTENANCE "DISTRICT N.O, 1
DATE OF HEARING:
MAYOR:
CITY CLERK:
MAYOR AND COUNCIL:
ENGINEER:
CITY CLERK:
MAYOR:
June 21f 1977
Announce that this is the time
and place for the hearing of
protests or objections to the
formation of what is designated
STREET LIGHTING DISTRICT NO. 1,
Division 14'of the Streets and
Highways - Code.
Announce that notice of this
hearing has been given pursuant
to the provisions of the Street
Lighting Act of' 1919, being
Division 14 of the Streets and
Highways Code of the State of
California and that the following
affidavits are on file in his
office:
1. Affidavit of Publication;
2. Affidavit of Posting.
Motion to receive and file all
affidavits.
Presentation of Engineer's Report
and explanation as to method of
assessment.
Announce the number of written
protests received, if any, then
announce that copies have been
delivered to each member of the
City Council,
OR
Summarize the contents thereof.
First, ask to hear from those who
have filed a written protest.
Next, ask to hear from anyone else
who wishes to speak against the
proceedings.
Then, ask to hear from anyone who
wishes to speak in favor of the
proceedings.
Rebuttal.
**
'ORDER OF PROCEDURE
CITY OF CARLSBAD ' •
STREET LIGHTING MAINTENANCE DISTRICT NO. 1
Page 2
ENGINEER: Report 'as to percentage of
written protests filed..
MAYOR AND COUNCIL: Discussion.
MAYOR AND COUNCIL: Declare the Public Hearing
Closed.
MAYOR AND COUNCIL: By motion, Overrule and Deny
all Protests.
MAYOR AND COUNCIL: Adopt RESOLUTION CONFIRMING
ASSESSMENT AND DIAGRAM.
MAYOR AND COUNCIL: . Adopt RESOLUTION APPROVING
CONTRACT AND AUTHORIZING
EXECUTION.
*****
RESOLUTION NO. 512 2 .
"--" • CITY OF CARLSBAD
RESOLUTION OF THE CITY COUNCIL CONFIRMING A DIAGRAM
.AND ASSESSMENT AND PROVIDING FOR ASSESSMENT LEVY
AND ORDERING NECESSARY MAINTENANCE WORK TO BE PERFORMED
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 .
op THE CITY OF CARLSBAD
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.
SECTION 3. That this City Council hereby confirms the dia-
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 4. That the diagram and assessment as set forth
and contained in said Report are hereby confirmed and adopted by
this City Council.1"""
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 21st <jay of June, 1977.-
*€•£**KAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
//•
DEPUTY CITY CLERK '
CITY OF CARLSBAD
STATE OF CALIFORNIA
3.
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO . ) ss.
CITY OF CARLSBAD )
I, Nora K. Gardiner,, _ Deputy City Clerk of the City of
. _ Carlsbad, _ California, DO HEREBY CERTIFY that the
foregoing Resolution, being Resolution No. 5122 _ , 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 21 st day of
_ June _ , 19 77 / and that the same was passed and adopted by
the following vote, to wit:
AYES: COUNCILMEN: Frazee, Lewis, Packard and Council -
woman Casler.
NOES: • COUNCILMEN: None.
ABSENT: COUNCILMEN: Skotnicki.
/ UDATED this .£• day of UjL^^e^, 1977 •
. 0
AMu*- /f.
DEPUTY CITY CLERK OF THE CITY OF CARLSBAD
(SEAL)
RESOLUTION NO. 5123
^ ... • CITY OF CARLSBAD
RESOLUTION 'OF THE CITY COUNCIL APPROVING CONTRACT
AND AUTHORIZING EXECUTION FOR STREET LIGHTING
MAINTENANCE WITHIN SAID CITY FOR A STREET LIGHTING
DISTRICT
STREET LIGHTING DISTRICT NO. 1
WHEREAS, this City Council has now conducted proceedings
for the formation of a Street Lighting District pursuant to the
provisions of Division 14, Part 1, of the Streets and Highways Code
of the State of California, as amended, being the "Street Lighting
Act of 1919", for Street Lighting District within said City known
and designated as
STREET LIGHTING DISTRICT NO. 1
(hereinafter referred to as the "Street Lighting District"); and,
WHEREAS, it is necessary for the City at this time to
contract for the energy to power said system and for other necessary
items for the continual operation and maintenance of said system as
required for the "Street Lighting District"; and
WHEREAS, Section 18171 of the Streets and Highways Code
of the State of California authorizes the City Council to determine
that there is only one contractor practically capable of serving the
street lighting system as set forth in the Engineer's Report and,
further, to find that such contractor is subject to the jurisdiction
of the Public Utilities Commission of the State of California and
thus that said contract should be authorized at this time without
further competitive bidding;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council
of the City of CARLSBAD
as follows:
SECTION 1. That the above recitals are all true and correct.
SECTION 2. That this City Council hereby finds and determines
that SAN DIEGO GAS AND ELECTRIC COMPANY
is the only contractor capable of serving and maintaining the street
lighting system in the manner provided as set forth in the plans and
specifications and as set forth in the report as approved pursuant to
Division 4 of the Streets and Highways Code, the "Street Lighting Act
of 1919" and, further, that said contractor is subject to the juris-
diction of the Public Utilities Commission of the State of California.
That said contractor has submitted a contract for the providing of
energy and the continual maintenance of the system and street lighting
improvements for the Street Lighting District and said contract is
hereby approved and execution is hereby authorized by the Mayor and
City Clerk.
: That the term of said contract shall be for a period of
five (5) years, commencing on the 1st day of 'July. 1Q7Y ' '
and ending on the 30th day of June, 1982 / all in accordance
with the report as previously submitted by the City Engineer and
approved by this City Council.
SECTION 3. That the contract above referred to and
herein approved and all proceedings relating to the providing of
energy and the continual maintenance thereof shall be performed
and carried out in accordance with the terms and provisions of
Division 14 of the Streets and Highways Code of the State of
California, the "Street Lighting Act of 1919".
SECTION 4. That a copy of the contract for supplying of
energy and continual maintenance as herein approved shall be kept
on file in the Office of the City Clerk and remain open at all
times for public inspection.
APPROVED AND ADOPTED this _?1st_ day of June, 1977
MAYOR
CITY OF CARLSBAD
STATE OF CALIFORNIA
ATTEST:
DEPUTY" CITY CLERKCITY OF CARLSBAD
STATE OF CALIFORNIA
•2.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
CITY OF CARLSBAD
ss.
I, .Nora K. Gardiner , City Clerk of the City of
California, DO HEREBY CERTIFY that the
foregoing Resolution, being Resolution No. 5123 , 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 21 st day of
, 1977June
the following vote, to wit:
and that the same was passed and adopted by
AYES:
NOES:
COUNCILMEN: Frazee, Lewis, Packard and Council-
woman Casler.
COUNCILMEN: None.
ABSENT:
DATED this 'day of
COUNCILMEN: Skotnicki.
1977.
DEPUTYCITY CLERK OF THE CITY OF CARLSBAD
(SEAL)