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HomeMy Public PortalAboutResolution 69-955 Consolidation of all Existing Lighting Districts in Temple CityRESOLUTION NO. 69 -955 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, ORDERING THE IMPROVEMENT DESCRIBED IN RESOLUTION NO. 69- 944 TO BE MADE, AS DESCRIBED IN THE ENGINEER'S REPORT AND PLAN REFERRED TO THEREIN, PROVIDING FOR THE CONSOLIDATION OF ALL EXISTING LIGHTING DISTRICTS IN TEMPLE CITY INTO A SINGLE DISTRICT PURSUANT TO THE "STREET LIGHTING ACT OF 1919 ", ORDERING THE WORK AND LEVYING THE ASSESSMENT FOR SERVICE NECESSARY TO MAINTAIN AND ILLUMINATE BY ELECTRIC ENERGY THE STREET LIGHTS WITHIN THE SAID DISTRICT. WHEREAS, the City Council of the City of Temple City, Cali- fornia, did, by Resolution No. 69 -944, adopted and approved September 2, 1969, declare its intention to form a lighting maintenance district consolidating all existing lighting districts into a single district, which district is to pay the costs and expenses for the maintenance and operation of a street lighting system, including lighting fix- tures and appliances furnished, installed, and maintained, and electric current to be furnished for lighting said fixtures, pursuant to the provisions of the "Street Lighting Act of 1919" of the State of Cali- fornia, which is now included in Part 1 of Division 14 of the Streets and Highways Code of said City, and did, in said Resolution, declare it to be the intention of the City Council that the improvement con- templated should be done under the alternative procedure for install- ment assessments provided for in Chapter 8.5 of said "Street Lighting Act of 1919 "; and WHEREAS, prior thereto the City Council, pursuant to the provisions of said Act, did order the City Engineer to make and file with the City Clerk a report in writing including the plans and speci- fications showing, among other things, the general type of street lighting system and the approximate location of the proposed lights and an estimate of the cost of the improvement for the period of time during which it is proposed to be continued; and WHEREAS, the said report was presented to the City Clerk by the Engineer and was presented by the City Clerk to the City Council for consideration at its regular meeting of September 2, 1969, and was received by the City Council at said meeting; and WHEREAS, the City Council, by Resolution No. 69 -945, appointed a time and place for hearing protests in relation to the proposed improvement and assessment referred to in Resolution No. 69- 945, said time being September 25, 1969, at the hour of 7:30 p.m., and the place being the City Council Chamber of the City Hall in the City of Temple City; and WHEREAS, at the said time and place, said City Council did proceed to hold the said hearing, and seven protests were submitted or made; and WHEREAS, said Council, having held such hearing and being fully advised in the premises, has now acquired jurisdiction to proceed further, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TEMPLE CITY, CALIFORNIA, DOES RESOLVE, DECLARE, FIND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said City Council does approve, confirm, and adopt the said report of the City Engineer and the accompanying map hereinbelow further referred to, dated September 1969, and the Estimate of Costs, referred to in said report, which report is now on file in the office of the City Clerk of said City, open to public Resolution No. 69 -955 Page 2. inspection, hereby referred to and made a part hereof; and said City Council does hereby also confirm and adopt the respective instruments therein contained, all of which are on file as aforesaid, and which are hereby incorporated herein and made a part hereof. SECTION 2. The City Council having heretofore determined to proceed in accordance with the alternative procedure for levying and collecting assessments on an ad valorem basis as set forth in Chapter 8.5 of Part 1, Division 14, of the Streets and Highways Code of the State of California, does hereby set forth the following, as required by Section 18162 of said Code: (a) The boundaries of the district hereby created shall be the entire City of Temple City as the same existed on the date of October 7, 1969. (b) The proposed improvement shall continue for a period of 20 years which shall commence January 1, 1970, and end December 31, 1989. (c) The proposed improvement, which is hereby ordered to be made, shall consist of a single district to cover and include all lighting maintenance districts now existing within the City of Temple City as described in subsection (a) above. In compliance with subsections (c), (d), (e) and (f) of Section 18162 of the Streets and Highways Code, the estimated cost for the first year of said improvement and the specifications of what portions of the estimated cost for the first year which shall be borne by the City and by the district respectively, and the speci- fications of the proportion of the estimated cost for the first year to be borne by the district, are as hereinbelow set forth, and it is hereby ordered that the portion of the estimated cost for the first year proposed to be borne by the district shall be made by special assessment taxes levied upon all of the lands and all of the improve - ments within the district as hereinbelow set forth: Entire City Total Estimated Cost - Zone "A" Total Estimated Cost - Balance Total Estimated Cost to District First Year $47,378.85 25,612.66 $72,991.51 SECTION 3. The City Council does hereby order the proposed improvement to be made and does hereby order the proposed assessment to cover the costs and expenses of said improvement upon the respec- tive several divisions of land in the assessment district hereinabove described and the proposed assessment shall be for the period of time as above designated, SECTION 4. A certified copy of this resolution and the map and plat of the district hereinabove referred to shall be filed with the Assessor who makes the assessment for general city taxes, and with the State Board of Equalization pursuant to Chapter 8, Part 1, Division 2, Title 5, of the Government Code. Thereafter, the said Assessor in making up the City assessment roll shall segregate the property included within said district on the assessment roll under the district designation of "Temple City Municipal Lighting District." Each year during the time for which the improvement is to continue, and not less than thirty (30) days prior to the making of the general tax levy for City purposes, the City Engineer shall furnish to the City Council an estimate of the costs of the improvement set 1 1 Resolution No. 69 -955 Page 3 forth in this Resolution. The City Council, at the time of making the next general tax levy, and in the manner provided for the general tax levy, shall levy a special assessment tax upon all lands and all improvements within the district which shall be sufficient to raise that portion of the estimated cost of the improvement for the next year which is to be borne by the district. The City Council may also transfer from the General Fund of the City to the Fund of the District sufficient money to pay all or any part of the percentage of the yearly cost of the improvement which is to be paid from funds raised from the district. The amount of money, if any, so transferred shall be deemed a loan to the Dis- trict Fund and shall be repaid to the General Fund from the first money thereafter coming into the District Fund from taxes levied upon land within the district. The special assessment tax shall be levied, computed, en- tered, collected and enforced at the same time, in the same manner, by the same persons and with the same penalties as other taxes for City purposes, and when collected shall be paid into the City trea- sury to the credit of the Fund of the District and shall, subject to other provisions of the said "Street Lighting Act of 1919 ", be used only for the payment of the expenses of the district. SECTION 5. The City Clerk shall certify to the passage and adoption of this Resolution and shall cause a certified copy hereof and of the map and plat of the district to be filed with the County Assessor and with the State Board of Equalization as provided in Section 4 hereof. APPROVED and ADOPTED this 7th day of October, 1969. Mayor City of Temple City I, KARL L. KOSKI, City Clerk of the City of Temple City, California, do hereby certify that Resolution No. 69 -959 was duly approved by the City Council of the City of Temple City, California, at a regular meeting held on the 7th day of October, 1969, by the following vote of the Council: AYES: Councilmen- Beckley, Briggs, Merritt, Tyrell, Harker NOES: Councilmen- None ABSENT: Councilmen- None Cit�-r�� / , yGof em a e City, California City Clerk of the