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HomeMy WebLinkAboutResolution - 888 1 RESOLUTION NO. 888 2) RESOLUTION CONFIRMING THE REPORT OF THE DIRECTOR OF PUBLIC WORKS, AS AMENDED, PREPARED PURSUANT TO THE 3!j PROVISIONS OF THE "STREET LIGHTING ACT OF 1919, " AND d REFERRED TO IN RESOLUTION OF INTENTION NO. 883 OF THE; CITY COUNCIL OF THE CITY OF SAN JACINTO, AND THE 5 PLANS AND SPECIFICATIONS, ESTIMATE AND MAP CONTAINED IN SAID REPORT, AND ORDERING THE WORK AND LEVYING A' SPECIAL ASSESSMENT TAX FOR SERVICE NECESSARY TO IN_ STALL, MAINTAIN AND ILLUMINATE THE LIGHTING FIXTURES AND APPLIANCES WITHIN SAND CITY FOR A PERIOD OF TEN 7j YEARS ENDING JUNE 30 , 1981 UNDER THE ALTERNATIVE PROCEDURES OF CHAPTER 8.5 OF SAID ACT. 8 9 BE IT RESOLVED, DECLARED, found, determined and ordered, by the 10 j city council of the City of San Jacinto, sitting in regular adjourn ed session the 15th day of December, 1970, as follows . 11 SECTION 1 - The City Council of the City of San Jacinto deter- mines as follows 12 A. Said council did by resolution adopted on the 16th 13 day of June, 1970, pursuant to the provisions of the "Street Light- ing Act of 1919 " of the State of California, which is now included 14 as Part 1 of; Division 14 of the Streets and Highways Code, as I amended, require the Director of Public Works of said city to make 1511 and file with the city clerk a report in writing presenting certain 15imatters, relating to the proposed light maintenance district in said city, as contemplated under the provisions of said Act, and 17 ) B. The Director of Public Works pursuant to the require- ments of the council asset forth above filed in the office of the 18 city clerk of said city his report in writing relating to the pro- posed lighting, maintenance and service district as contemplated 19 under the provisions of said "Street Lighting Act of 1919 and 20 C. Said council did , by its resolution No. 882 passed and 21 adopted on November 17 , 1970, approve said report in conformity wit the provisionsof said Act with one amendment to provide for ten 22 year period instead of a nine and one-half year period as contained in said report ; and 23 , D. Said council did thereafter, on November 17 , 1970, pas its resolution of "intention, No. 883 declaring its intention to 24 order certain lighting fixtures and appliances on certain streets a d ' public places within said _city to be installed, maintained and cur- 25 rent to be furnished for lighting ;said fixtures and appliances for a period of ten years beginning July 1, 1971 and ending; June `30, _26 1981 to be paid for by levy of a special assessment tax under the alternative procedures of Chapter 8 .5 of the said Act; and 271 28 E. Said council did by said resolution No. 883 fix and designate Tuesday, the 15th day of December 1970, at the hour of 16 .30 o ' clock P.M. of said date in the council chambers located in 29 the city hall of said city as the time and place for hearing pro-- 30� tests in reference to the proposed improvement and assessment; and F. All notices of the said hearing that were required to 31 � be published and posted by the said Act' were `duly published and 32I posted in conformity with the provisions of said Act , and )ONALO C.WICKHAM' ATTORNEYS AT LAW - 169 E.MAINSTREET SANJACINTO. CALIFORNIA 92383 TELEPHONE (714) 654.7397 i 1! G. At the time and place above stated for hearing protests j with reference to the proposed improvement and assessment, the said 2 council did then ,proceed:;to hold and did hold said hearing, in con- formity with the ;provisions of said Act; and 3' H. At the time andplace above stated for hearing protests 4 with reference to the proposed improvement andassessment written and oral protests or objections were submitted and made by not more 5I1 than 296 owners of land located within the proposed district, sub- i ject of the hearing; and 6 ' I . The said council finds and determines that the number of 7i; owners of land located within the said proposed district is more 81than 600 and the number of parcels with said proposed district or ' zone owned by the persons so protesting or objecting is less than It one-half of the total number of parcels of land located within said 9 proposed district or zone and that the assessed value of the par- cels owned by the persons so protesting is less than one-half of 101 the total assessed value of the real property located within the City of San Jacinto and that therefore by all methods of calcula- tion a` majority protest has not been made; and 12 J. It was reported by the Director of Public works at said hearing that it was not practical to divide or subdivide the dis- 13 trict or zone into a separate district or zone and the said council finds that fact to be corrects and 14 K. said council having held said hearingand being fully ad- 15 vised in the premises , and having given full consideration to any protests or 'objections, has now acquired jurisdiction to proceed 16 further; NOW THEREFORE: 171 SECTION 2 : The City Council does hereby deny and overrule said protests or objections ; and does hereby approve, confirm and 18 adopt the' report `of the Director of Public Works dated November 17 , 1970, as amended, and does approve and confirm the special 19 assessment levy proposed for said improvements set forth and speci- fically referred to in said report, which report is now on file in 20 the office of the city clerk of said city, and is open, to public inspection, and by this reference is made a part hereof and said 21 city council does hereby confirm and adopt all instruments contain- ed thereof, and designed , Map and; Plan No. 70-1 and specifications 22 dated November 17 , _ 1970, all of which are now on file in the office � of the city clerk and are open to; public inspection and by this 23 reference made a part hereof. 4 2 SECTION 3 : The boundaries of the special assessment district in which the said lighting fixtures and appliance's are to be in- 25 stalled, maintained and current furnished for lighting are toter urinous with the boundaries of the City, of San Jacinto including all 26 , annexations thereto and are more particularly shown on the Map on file with the Plan No. 70-1 hereinabove described and incorporated 271 herein by reference, and said district shall consistof a single 28 zone only;. i1 i SECTION 4: The City Council does hereby order and determine 2911 that the period of ears referred to in the said resolution of in- i tenti.on, No. 883 s.` all be and the same is hereby fixed and estab- 30I lished--as the period of ten years commencing July 1, 1971 and end- I ing June 30, 1981, which shall be the period of existence for said 311 district, 32 SECTION 5 : The improvements to be made, installed, maintained s and current for which supplied consist of those certain electric )ONALD C.WICKHAM: ATTORMEY9 AT LAW 163 L.MAIN STREET SAN JACINTO, CALIFORNIA.92383 TELEPHONE -"2- (714) 654-7397 1 SSS I f f j 1 street lighting fixtures and appliances on portions of the public streets , public rights of way and public places within; the City of 2 San Jacinto as shown on the map marked "PLAN No. 70-1 on file in the office of the City; Clerk of said city since November 17 , 1970, 3 which fixtures and appliances are to be maintained as now construct- ed or as constructed hereafter including replacement of obsolete 4� fixtures and appliances with modern fixtures and appliances and for electric current to be furnished by and the equipment which is now 5 - owned and will continue to be owned by Southern California Edison Company, a ,public utility under the jurisdiction of and regulated 6 by the Public Utilities Commission of the State of California, all 7Iof which is more particularly described in the report of the Direc- for of Public Works filed November 17 , 1970 above described. The cost for said improvement; _maintenance and electric current sup-'' 8 plied is hereby estimated by the said council to bethe sum of $12 , 200 .00 and said improvements, maintenance and electric current 9 are hereby ordered by said council to be made for the said ten 10 year period. SECTION 6 . The entire cost for said improvements, maintenance 11 ! of the electric current supplied is hereby ordered to be borne b% 1 ` 'the said district, as one entire and single zone by levy of 'a 12 special assessment, and it is hereby ordered that the said estimat- Ij ed cost of $12, 200.00 -shall be borne by the district consisting of 1311 the single zone to be paid by a special assessment tax levied upon all of the lands and improvements within the district, which is 14 hereby estimated to be the amount of 25 cents special tax per One 15 �i Hundred Dollars of assessed valuation on both laud and improvements . SECTION 7 : The City Clerk of the City of San Jacinto is here 16 by ordered to transmit, or cause to be transmitted a certified cop oL this resolution and of the Map marked "PLAN No. 70-l " to the 17 County Tax Assessor of Riverside County and also to the State Boar of Equalization, State of California, as contemplated under the 18 provisions of the alternate procedure for levying and collecting assessments on ad valorem basis , of the said "Street Lighting Act 19 of 1919 " as particularly described in Section 18163 of the Govern- ment Code, and the Tax Collector 'of Riverside County is hereby 20 designated, requested, empowered, authorized, instructed and direct- ed to 'make collection of all special assessment taxes hereafter 21 levied by the City Council of the City of San Jacinto for said 22 improvements, maintenance and electric current furnished for said district 23 SECTION 8: This resolution shall take effect immediately. 24 APPROVED AND ADOPTED this 15th day of December, 1970 by the 25 following vote : AYES"- Councilmen .Stevens , Saben and Brooks . 2611 NOES: Councilmen Young and Cutting. j ABSENT: None 27 Mayor, 6yA)�fSan .Tacinto 28 ATTEST. 291 LUCY MAY ALLEN, City Clerk f �J #, , 330 yc, "� f : C I Bt �i.. ( : ,,. '" d t x,.2"'z-" -v"-x-..,w✓ 31( _ Deputy CERTxF1CGTE The foreCcine is certified to be a true copy of:a Resolution` duly adopted 32 by the said City Council of the City of San Jacinto can the date therein set forth . )ONALDC.w)CKHAM! LUCY MAY,, ALLEN], CITE CLERK a ATTORNEYS AT LAW //i 41 IG3 E:MAIN STREET ? t " SANJACINTO,. .�y " CALIFORNIA 92383 I' 7^ TELEPHONE (714) 654-7397