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HomeMy WebLinkAbout1975-08-05; City Council; Resolution 3703.> 1 2 3 4 5 6 7 I! 9 1c 11 1% 12 14 1E 1E l'i 1E 1s 2c 21 22 2: 24 2E 26 27 2E RESOLUTION NO. 3703 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ORDERING THE FORMA- TION OF LIGHTING MAINTENANCE DISTRICTS NO. 1, 2 AND 3 IN SAID CITY AND CONFIRMING ASSESS- MENTS THEREFOR WHEREAS, the City Council of the City of Carlsbad did on May 6, 1975 pass Resolution No. 3638 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; 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 3rd day of June, 1975, pass Resolution No. 3656 approving said report of said City Engineer; and WHEREAS, the City Council of the City of Carlsbad did on the 3rd day of June, 1975 pass its Resolution of Intention No. 3657, 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, notice for said public hearing was incomplete; and WHEREAS, the City Council did on the 1st day of'July, 1975 pass Resolution No. 3677 rescinding Resolution No. 3657 and pass Resolution of Intention No. 3678, declaring its intent to establish lighting maintenance districts in the City of Carlsbad and setting August 5, 1975 at 7:OO p.m. as the time and place for hearing protests thereto; and WHEREAS, the said Resolution of Intention was duly and 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 l? 18 19 20 21 22 23 24 25 26 27 28 regularly published as required by law; and WHEREAS, notices of passage of said Resolution of Intention No. 3678 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 Intention, as appears from the affidavit of Timothy C. Flanagan, 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 22nd day of July, 1975; 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 of operation and maintenance for the street lighting system; said roll is on file in the Office of the City Engineer and is incorporated by reference herein; and WHEREAS, on August 5 , 1975, the City Council of the City of Carlsbad did proceed to hold and did hold a duly noticed public hearing in conformity with the provisions of the Municipal Lighting Maintenance District Act of 1927, in order to consider any protests against the formation of said districts or against any individual assessments; and -2- .. 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 WHEREAS, at said hearing no protests or objections were ?resented in the time and manner as required by law, and said Jity Council having determined that the territory within the Doundaries of Districts No. 1, 2 and 3 as hereby established sill be benefited by the maintenance and operation herein deter- nined upon and thereby acquired jurisdiction to proceed. NOW, THEREFORE, BE IT RESOLVED by the Cit-y Council of the 2ity of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the boundaries of the districts shall be as shown 3n the map entitled "Lighting Maintenance District Map, 1975-77" 3n file in the Office of the City Clerk and incorporated herein by reference. 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 3, 1975, 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 sunrise each day in the year. the above items of maintenance is as follows: The estimated cost for the first year of District No. 1 $20,415.10 District No. 2 $11,319.89 District No. 3 $78,191.44 4. That the City Council determines that Lere is only one contractor practically capable of serving the street lighting -3- 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 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 No. 1, 2 and 3 shall be paid by special assessment taxes levied upon all the lands, exclusive of improvements, within said district 6. That the City of Carlsbad shall pay the following amounts of the total expense of maintenance and operation of said system: District No. 1 $ 93.80 District No. 2 $ 384.23 District No, 3 $1,261.44 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 $20,321.30 District No. 2 $10,935.66 District No. 3 $76,930.00 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 -4- 1 2 3 4 5 6 herein described be formed. PASSED, APPROVED AND ADOPTED by the City Council of the City of Carlsbad, California the 5th day of August 1975, by the following vote, to wit: AYES : Councilmen Frazee, Chase, Lewis, Skotnicki and NOES : None Councilwoman Casler 14 15 16 7 a 9 17 18 ABSENT: None 20 21 22 23 24 25 26 27 28 - 5- tn y&di 3,, RbBERT C. FRAZEE, May&