HomeMy Public PortalAboutResolution 93-3297 Extend Duration of Temple City Camellia Lighting District1
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RESOLUTION NO. 93 -3297
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TEMPLE
CITY EXTENDING NUNC PRO TUNC THE DURATION OF THE
"TEMPLE CITY - CAMELLIA LIGHTING DISTRICT" FORMED
PURSUANT TO RESOLUTION NO. 69 -944 UNDER THE STREET
LIGHTING ACT OF 1919
WHEREAS, the City Council did in 1969 by its Resolution of Intent No. 69 -944 and subsequent
resolutions adopt and form a 1919 Street Lighting Improvement and Maintenance District for the provision
of street lighting within the City; and
WHEREAS, the provisions of S18041 required the City Council in 1969 to "estimate" the duration
of such Lighting District; and
WHEREAS, in 1969 the City Council, based on the recommendation of the then Engineer -of-
Work, did in 1969 estimate such duration to be for a period of 20 years; and
WHEREAS, said 20 -year estimate expired in 1989 or 1990; and
WHEREAS, by oversight, the City Council intended to but never did extend such 20 -year period;
and
WHEREAS, both the City and the County Tax Collector have nonetheless through a course of
conduct continued to recognize such Lighting District, the County continuing to forward taxes to the City
and the City having continued to expend the same for such Lighting District; and
WHEREAS, it is now the intent of the City Council to correct such oversight, nunc pro tunc, by
recognizing such acknowledged but unofficial extension; and
WHEREAS, Temple City is a Charter City with full control over municipal affairs including the
conduct of assessment districts; and
WHEREAS, S18,062 of the Streets and Highways Code authorizes extensions of the original
estimate of 20 years; and
WHEREAS, the recent case of Knox v. Orland gives cities extended powers over lighting districts;
NOW THEREFORE, the City Council of the City of Temple City does hereby resolve as follows:
1. The 1969 Street Lighting District established under the Act of 1919 by Resolution of
Intent No. 69 -944 is hereby extended, nunc pro tunc, for an additional period of ten years
through 1999, as a reasonable extension under S18,062, for all purposes permitted by such
act.
2. In the event that further proceedings are necessary either under S18,000 et seq or
Government Code S54950 et seq, the staff' is directed to undertake such proceedings
forthwith.
RESOLUTION NO. 93 -3297
PASSED, APPROVED, AND ADOPTED ON THIS 21ST DAY OF DECEMBER, 1993.
ATTEST:
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I, City Clerk of the City of Temple City, hereby certify that the foregoing resolution, Resolution
No. 93 -3297, was adopted by the City Council of the City of Temple City at a regular meeting held on the
21st day of December, 1993, by the following vote:
AYES: Councilmember- Breazeal, McGowan, Wilson, Budds, Manning
NOES: Councilmember -None
ABSENT: Councilmember -None
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