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HomeMy WebLinkAbout1982-07-06; City Council; Resolution 6930EXHIBIT D RESOLUTION OF THE CITY COUNCIL ORDERING CER!TAIN IMPlRovEMENTS AND WE FORMATION OF STREm LIGHTINS AND LANDSCAPING DISTRICT CONSOLIDATING AN MISTING DIS- TRICT THEREWITH, CONFORMIEJG THE DIAGRAM AND ASSESSMENT AND PmVIDING FOR ASSESS- MELW LEVY, PURSUANT 173 THE PROVISIONS OF DIVISION 15, PA€" 2 OF THE STFWTl" AM) HIGHWAYS CODE OF CALIEDFWIA. WHEREAS, the City Council has initiated proceedings for 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, in a District to be known and designated as CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICI' 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 which the existing District would have been entitled; and, WHEREAS, the City Council has ordered the preparation of a report and said report has been prepared and filed with the City Council pursuant to the law for its consideration and subsequently thereto this City Council did adopt its Resolution of Intention to form the District and to levy the assessments for the above designated 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 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 and consolidation proceedings and the confirmation of the diagram and assessment and the levy of assessments. NOW, THEREFORE, IT IS HEREBY RESOLVED By THE CITY CKXTNCIL OF THE CITY OF CARCSBAD, CALIFOIWIA AS FOLLGWS: SECTION 1. mat 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 awning mre than fifty percent (50%) of the area of assessable lands within the District, and all protests are hereby overruled and denied. .- SECTION 3. fiat this City Council hereby confirms the diagram and assessment as submitted and approves the levy of the assessment for the years and in the munts 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. SECTION 5. fiat the adoption of this Resolution constitutes the levy of the assessment for the fiscal year "encing on the 1st day of July, 1982, and ending on the 30th day of June, 1983, all in accordance with the report of the Utilities Director. 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 "Landscaping and Lighting Act of 1972", as suhitted are hereby approved, adopted by this City and hereby confirmed . SECTION 7. That the works of improvement and maintenance contemplated by the Resolution of Intention shall be performed pursuant to law and the County Auditor shall enter on the County Assessment Roll, the munt 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 Ennount of the assessment shall be paid to the City Treasurer of said City. SECTION 8. That said existing street lighting distict 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, is hereby consolidated with the said newly formed District and said resulting District shall assume all assets and liabilities and carry over any surplus or deficit in the improvement fund of said existing district and shall be entitled to all revenues to which the existing District muld have been entitled. SECTION 9. That the City Treasurer shall herein establish CITY OF CARLSBAD STREET LIGHTING AND LANDSCAPING DISTRICT No. 1 FUND into which the City Treasurer shall place all mnies 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 10. 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 11. That a certified copy of the assessment and diagram shall be filed in the Office Ofthe Utilities Director, with a duplicate copy on file in the Office of the City Clerk and open for public inspection. SECTICRJ 12. That all railroad, gas, water and electric utility rights-of-way and electric line rights-of-way shall be included within the aforesaid District and assessed benefit derived in accordance therewith, pursuant to Govermnent Code Section 22595. SM;*TION 13. That any parcels or lots of land known as public property, as the sarw is defined in Section 22663 of Division 15, Part 2 of the Streets and Highways Code, which are included within the boundaries of the District shall be omitted and exqt from any assessmt made under these proceedings. APPROVED AND ADOPTED this 6th day of July, 19 82 . AYES: Council Wers Casler, Lewis, Kulchin and hear NOES: None msm: Council Mer Chick CITY OF C2hSBAD STATE OF CALIFORNIA A'ITEST : CITY OF cXRGSl3AD STATE OF CP;LIFORNIA