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HomeMy WebLinkAbout1978-06-20; City Council; 5071-3; Street Lighting District No. 1 Annexation^IZL-^LJr^k S_B^5. AGENDA BILL NO. 5071 - Supplement #3 Initial: • " " Dept.Hd. DATE: June 20, 1978 . T;• C. At~Ly „ - DEPARTMENT: Public Works c. Mgr. Subject: • "STREET LIGHTING DISTRICT NO. 1 ANNEXATION NO. 1 - PUBLIC HEARING S_taternent of tfre Mat/ber The City Council, at its May 16, 1978 meeting, adopted Resolution No. 5425 declaring its intention to order the annexation of lands to existing Street Lighting Maintenance District No. 1. After introduction of written and oral testimony concerning the suitability of Annexation No. 1 to Lighting District No. 1, Council should act on the resolution confirming annexation. Subsequent to action on the annexation, Council should act on the levy of assessment for,the entire district and on the annual power contract with the utility company. Exhibits 1. Resolution No .<J5^i»S confirming assessment and providing for assessment levy for Annexation No. 1. 2. Resolution No . Z^^l providing for annual levy of assessments for Lighting District No. 1. ' } 3. Resolution No. ,^Wfr3 approving amendment to the contract with San Diego Gas § Electric for energy. Recommendation If Council concurs: 1. Adopt Resolution No. £*fleb confirming assessments for Annexation No. 1. 2. Adopt Resolution No . Kt^k levying assessments for Lighting District No. 1. 3. Adopt Resolution No. gtj approving amendment to the contract for energy with San Diego Gas £ Electric Co. I AGENDA BILL NO. 5071 - Supplement #3 -2- June 20, 1978 Council action 6-20-78 Following the public hearing the following resolutions were adopted: Resolution #5463, 'confirming assessments for Annexation No. 1 Resolution #54 64, levying assessments for Lighting District No. 1 Resolution #5465, approving amendment to contract for energy with San Diego Gas & Electric Co. RESOLUTION NO. 5463 RESOLUTION OF THE CITY- COUNCIL CONFIRMING A DIAGRAM AND ASSESSMENT 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 LIGHTING 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. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, 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. 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 estimates 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, are 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 the 'lst._ daY of JULY. 1978 ' ' • > and ending on the 3Qth day of JUNE, 1982 ' ' ^ , all in accordance 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. After collection by 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. 1", 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. ' . 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 Annexed Area with the County Tax Collector, together with a certified copy of this Re- solution upon its adoption. — 2 — 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 . • _. MAYOR, RONALD C. PACKARD CITY .OF CARLSBAD STATE OF CALIFORNIA ATTEST: CIT;Y CEERK, MARGARET E. ADAMS 'CITY <j/F CARLSBAD STATE OF CALIFORNIA -3- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) ss. I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5^463 _ 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 regul ar _ meeting of said City Council held on the 20th June , 1978 day of and that the same was passed and_ adopted by the following vote, to-wit: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: PACKARD ,. SKOTNICKI , ANEAR AND COUNCILWOMAN CASLER NONE COUNCILMEN: NONE Executed this California. 21 st day of June, 1978 // I at CARLSBAD, CITY CL'ERK, MARGARET CITY Off CARLSBAD STATE OF CALIFORNIA E. ADAMS [SEAL] RESOLUTION NO. 5464 RESOLUTION OF THE CITY COUNCIL PROVIDING . FOR THE ANNUAL LEVY OF ASSESSMENTS FOR A STREET LIGHTING DISTRICT. 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 LIGHTING DISTRICT NO. 1 i (hereinafter referred to as the "Street Lighting District"); and, WHEREAS, at this"time, this City Council is desirous, pursuant to the provisions of Section 18090 of the Streets and Highways Code to provide for the annual levy of the assessment in the same manner and on the same lots or parcels of land the respective assessment costs to pay the cost of annual maintenance for the street lighting improvements to be maintained v/ithin said Street Lighting District;' and, WHEREAS, at this time there has been presented to the City Council a "Report", setting forth the following: A. An estimate of the costs and expenses for maintaining the improvements for the ensuing fiscal year; B. A diagram showing the Street Lighting District and boundaries of said parcels; C. ' A schedule showing the proportionate amount of assessments to be charged in relation to benefits received by each lot or parcel within the boundaries of the proposed Street Lighting District. •NOW, THEREFORE, IT IS HEREBY RESOLVED.BY THE CITY COUNCIL OF THE CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. .SECTION 2. .That this City Council hereby levies the annual assessment for the Street Lighting District pur- suant to the schedule as submitted herein showing the proportionate amount of the assessment to be - charged in proportion to the benefits to be re- ceived by each lot or parcel shown on the diagram as presented to this City Council. SECTION 3. That this levy and confirmation of assessment as hereby made by this City Council covers the period commencing on the 1st day of _ JULY, 1978 __» and ending on the 30th day of JUNE, 1979 . SECTION 4 Upon the levy of this assessment, the City Clerk is hereby directed to,transmit a copy of the annual assessment to the County Auditor and County Tax Collector. A certified copy of the assessment dia- gram and schedule of individual assessments shall also be on file in the Office of the City Engineer, with a duplicate copy on file in the Office of the City Clerk. APPROVED and ADOPTED this 20th day of June, 1978 MAYOR, RONALD C. PACKARD CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: _Clf)TCLERK , T1ARGARBT E. AJ5MT CITY Q'F CARLSBAD STATE OF CALIFORNIA -2- STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) CITY OF CARLSBAD ) ss. I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 5^4 54 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 regu1a_r meeting of said City Council held on the _ 20th JjlD e , 1978 _ _ _ adopted by the following vote, to-wit: _ _ _ day °fan<3 that the same was passed and AYES: NOES: ABSENT: COUNCILMEN: PACKARD, SKOTNICKI, ANEAR AND COUNCILWOMAN CASLER COUNCILMEN: NONE COUNCILMEN: NONE .Executed this California. 21st day of June, 1978 , at CARLSBAD, CITY/CLERIC, MARGARETlE. CITX OF/CARLSBAD STATE OF CALIFORNIA ADAMS [SEAL] RESOLUTION NO. '5465 RESOLUTION OF THE CITY COUNCIL APPROVING AMENDMENT TO CONTRACT AND AUTHORIZING EXECUTION THEREOF FOR CERTAIN STREET LIGHTING MAINTENANCE WITHIN AREA ANNEXED TO A STREET LIGHTING DISTRICT. 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 dist- .rict having been designated as STREET LIGHTING DISTRICT NO. 1 (hereinafter referred to as the "Street Lighting District") ; and, WHEREAS, this City Council has, by Resolution, declared its in- tention 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, it is necessafy ro the City at this time to amend its contract relating to the energy to power said system and for other necessary items for the continual operation and maintenance of said system as required for said Annexed Area; 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 relating to the Annexed Area as set forth in the Engineer's "Report"; and, WHEREAS, said City Council has previously declared that San Diego Gas & Electric Company is the only contractor capable of serving said system and at this time is desirous of approving an amendment to contract with said Company relating to said Annexed Area. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE " / CITY OF CARLSBAD CALIFORNIA, AS FOLLOWS: -"-^" SECTION 1. That the above recitals are all true and correct. SECTION 2. That this City Council hereby approves and authorizes execution of an amendment to its contract with San Diego Gas & Electric Company relating to Annexation No. 1, being the Annexed. Area to the existing Street Lighting District No. 1. SECTION 4. SECTION 3. That the term of said amendment shall be 'con- current with the balance of the term of contract for Street Lighting District No. 1 as said con- tract was previously approved and executed between the City and San Diego Gas & Electric Company. That the amendment to contract referred to and herein approved for execution, and all proceedings relating to the providing of energy and the con- tinual maintenance thereof, shall be performed and carried out in accordance with the terms and pro- visions of Division 14 of the Streets and Highways Code of the State of California, the "Street Lighting Act of 1919". That a copy of. the amendment to 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 20th day of June, 1978 . - SECTION 5. 'MAYOR, RONALD C. FACKARD' CITY OF CARLSBAD STATE OF CALIFORNIA ATTEST: MARGARET E. ADAMS CARLSBAD STATE OF CALIFORNIA -2- STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CARLSBAD ) ss. I, MARGARET E. ADAMS, City Clerk of the City of CARLSBAD, California, DO HEREBY CERTIFY that the foregoing Resolution, being Resolution No. 54J55 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 :...J.unjL»- 1978 , and that the same was passed and adopted by the following vote, to-wit: AYES: NOES: ABSENT: COUNCILMEN: COUNCILMEN: PACKARD, SKOTNICKI, ANEAR AND COUNCILWOMAN CASLER NONE COUNCILMEN: NONE Executed this California. 21st day of June, 1978 , at CARLSBAD, 'CIT/Y CLERK, MAKtiAKhtL. ADAM'S CITY QF CARLSBAD STATE OF CALIFORNIA [SEAL]