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HomeMy WebLinkAbout1982-06-01; City Council; Resolution 6888, . RESOLUTION OF THE CITY COUNCIL DECLARING ITS INTENTION TO ORDER THE FORMATION OF A STREET LIGHTIE AND LANDSCAPING DISTRICT AND ?HE 03NsoLIDATION OF AN EXISTING DISTRICT THEFEWITH; TO LEVY AND COLLECT ASSESSMENTS FOR CERTAIN IMPROVE3ENTS PURSUANT TD PR3VISIONS OF DMSION 15, PAKl' 2 OF THE STREETS AND HIGHVAYS CODE OF !THE S"E OF CALIFORNIA; AND SETTING A !CIME AND PLACE FOR PUBLIC HEARING THEREON WHEREAS, the CITY CDUNCIL of the CITY OF CARLSBAD, CALIJXX3", has considered the formation of a street lighting and landscaping district, pursuant to the terms and provisions of the "Landscaping and Lighting Act of 1972", being Division 15, Part 2 of the Streets and Highways Code of the State of California, said district to be known and designated as CITY OF CARLSBAD STREEX' LIGHTING AND LANDSCAPING DISTRICT NO. 1 (hereinafter referred to as the "District"); and, WHEREAS, there presently exists a street lighting district formed pursuant to the provisions of the "Street Lighting Act of 1919", Section 18000 et seq. of said Code, known as the Carlsbad Street Lighting District No. 1; and, WHEREAS, the City Council desires to consolidate said existing District as a part of the proposed District; and, WHEREAS, the single resulting District will assume all assets and liabilities and carry Over any surplus or deficit in the improvement fund of the District consolidated, and shall be entitled to all revenues to &ich the existing District would have been entitled; and, WHEREAS, there has been presented and approved by this City Council the Engineer's "Report" as required by law, and at this the this City Council is desirous to proceed with the formation of said District. NOW, THEReFORI3, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct. PUBLIC INTEREST SECTION 2. That the pblic interest and convenience requires, and it is the intention of this City Council to order the formation of a Street Lighting and Landscaping District to levy and collect annual assessments for continual maintenance of mrtain improvements, all to serve and benefit said District as said area is shown and delineated on a map previously approved by this City Council and on file in the Office of the City Clerk, open to public inspection, and herein so referenced and made a part hereof. CONSOLIDATION SECTION 3. SECTION 4. SECTION 5. SECTION 6. SECTION 7. SECTION 8. That the existing District, Carlsbad Street Lighting District No. 1, be consolidated into the aforesaid proposed District, ard that said proposed District assume all assets and liabilities of the consolidated District, and be entitled to all of the revenue to which the existing District Flould have been entitled. RFI" That the "Report" of the Engineer regarding the formation of said District, which "Report" is for the maintenance of the fiscal year 1982-83, is hereby approved, and is directed to be filed in the Office of the City Clerk and open to public inspection. RIGEWS-OF-WAY That all railroad, gas, water, electric utility and electric line rights-of-way shall be included within the proposed District and assessed in accordance with benefit derived, pursuant to Government Code Section 22595 of the State of California. ASSESSMENT That the public interst and convenience requires, and it is the intention of this City Council to order the formation of the District as set forth and described in said Engineer's "Repzt", and further it is detennined to be within the best public interest and convenience to levy and cnllect annual assessments to pay the costs and expenses of said maintenance and improvement as estimated in said "Report". DESCRIPTION OF MAINTENANCE The improvements for which said District is to be formed, and the assessments levied and collected, shall be for the maintenance of certain improvements as set forth in the "Report" of the Engineer, referenced and so incorporated herein. CouNfy AUDITOR The County Auditor shall enter on the County Assessment Roll the amount of the assessments, and shall collect said assessments at the time and in the same manner as County taxes are collected. After collection by the County, the net amount of the assessments, after the deduction of any compensation due to the County for collection, shall be paid to the Treasurer for purposes of paying for the msts and expenses of said District. SPECIAL FUND SECTION 9. The City Treasurer herewith shall establish a special fund designated as t "CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICI' No. 1 FUND" into which the said Treasurer shall place all mnies collected by the Tax Collector as soon as said mnies have been received by said Treasurer. Payment shall be made out of said Fund only for the purpose provided for in this Resolution, and, in order to expedite the making of this maintenance and implrovement, the City Council may transfer into said special fund, money frm any available source, such funds as it may deem necessary to expedite the proceedings. Any funds so transferred shall be deemed a loan to said special fund, and shall be repaid out of the proceeds of the assessments provided for in this Resolution. BOUNDARIES OF DISTRICT SECTION 10. Said contemplated improvement and maintenance work is, in the opinion of this City Council, of direct benefit to the properties within the bundaries of the District, and this City Council makes the costs and expenses of said improvement and maintenance chargeable upon a district, which district said City Council hereby declares to be the district benefited by said improvement and maintenance and to be further assessed to pay the costs and expenses thereof. Said District shall include each ad every parcel of land within the boundaries of said District, as said District is shown on a map as approved by this City Council and on file in the Office of the City Clerk, and so designated by the name of the District. PUBLIC PROPERTY SECTION 11. Any lots or parcels of land known as public property, as the same are defined in Section 22663 of Division 15, Part of the Streets and Highways Code, which are included within the bundaries of the District, shall be anitted and exempt from any assessment to be made under these proceedings to aver any of the costs and expenses of said improvement and maintenance work. PUBLIC HEARING SECTION 12. NOTICE IS HEREBY GIVEN THAT TUESDAY, 'IHE 6TH DAY OF JULY, 1982 AT THE EDUR OF 6:OO O'CLOCK P.M., IN THE CITY FEGULAR MEETING PLACJ3 OF THE CITY CDUNCIL, BEING 'IHE CMJNCIL CXAME3ERS, CITY HALL, 1200 ELM AVENUE, 0, CALIFORNIA IS THE TIME AND PLACE FIXED BY THIS CITY OOUNCIL FOR THE HEARING OF PFOIESTS OR OBJECTIONS N REFERENCE TO 'IHE FDRMATICN OF ?HE PlioposED DISTRICT, ?o THE EX"T OF THE M?L"ANCE, WRKS OF IMPROVEMENT, AND ANY UIXER M?iT'JXRS CONTAINED IN THIS RESOLUTION. ANY PERSON WO WISHES 'Io OBJECT TO THE EORMATION OF THE DISTRICT SHOULD FILE A WRIT" PIKITEST WITH* THE CITY CCERK PRIOR TO THE TIME SET AND SCHEDULED FDR SAID PUE3LIC HEARING. I NOTICE SECTION 13. SECTION 14. SECTION 15. That the City Clerk is hereby authorized and directed to publish a copy of this Resolution in the cAIu;sBAD JOURNAL, a newspaper of general circulation in said City; said publication shall be can- pleted not less than ten (10) days before the date of said Public hearing. That the City Clerk is hereby directed to mail notices of the Public Hearing on the formtion of the District to all persons as required and as specified pursuant to Section 22556 of the Streets and Highways Code of the State of California, said mailing to be campleted no less than ten (10) days before the date set for the public Hearing. That this Resolution shall take effect inmediately upn its adoption. PROCEEDINGS INOUIRLES SFCTION 16. Roger Greer For any and all information relating to the proceedings, protest procedure, any documentation and/or informtion of a procedural or technical nature, your attention is directed to the below listed person and the local agency of departrent so designated: (OR) Bob Miller Director of Utilities 1200 S. Elm Avenue Carlsbad, California 92008 (714) 438-5604 Engineering Technician 1200 S. Elm Avenue Carlsbad, California 92008 (714) 438-5604 PASSED, APPFOAI AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 1st day of June , 1982, by the following vote, to wit: AYES: Council Nders Packard, Casler, hear, Lewis and Kulchin NOES: None ABSENT: None RONALD C. PACKARD, Mayor 13