Loading...
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)