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HomeMy WebLinkAbout5536 . , - '" ~ - t ~ ~ RESOLUTION NO. 5536 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, POSTPONING THE ENDING OF THE STREET LIGHTING MAINTENANCE DISTRICT ESTABLISHED BY RESOLUTION NO. 4173 OF THE CITY OF ARCADIA WHEREAS, on December 15, 1970 the Arcadia City Council properly established by Resolution No. 4173 Lighting District as set forth in said Resolution attached hereto; and WHEREAS, the termination date of subject Lighting District as set forth in Resolution No. 4173 is June 30, 1990; and WHEREAS, Street & Highways Code section l8062 authorizes the city Council to postpone the ending of the period for maintenance or service pursuant to the established Lighting District; and WHEREAS, postponement is authorized for a reasonable time upon good and sufficient reason; and WHEREAS, the Director of Public Works recommends postponement of termination for the following reasons as set forth in Exhibit "A" attached and incorporated as part of this Resolution: a. TO allow for the continuance of the furnishing, maintenance and servicing of the Street Lighting District. b. To recover the on-going costs and expenses of furnishing, maintaining and servicing of the street lighting systems. c. To allow annexation of additional areas with new lighting improvements to the Street Lighting Maintenance District. WHEREAS, the initial reasonable time period of 20 years, as set by Resolution No. 4173 , for furnishing, maintaining, and servicing the street lighting systems commenced July l, 1970 and ends June 30, 1990; and -1- 5536 ~ ~ WHEREAS, a reasonable time of postponement of the date of ending would be another 20 years to June 30, 20l0. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: SECTION 1. The termination of the Lighting District and the terms of Resolution No. 4173 attached and incorporated as part of this Resolution shall be postponed from June 30, 1990 to June 30, 2010. SECTION 2. As set forth above, this postponement is predicated on good and sufficient reasons as set forth in the attached Exhibit "A" incorporated as part of this Resolution. SECTION 3. Nothing herein shall be deemed to preclude the Council from authorizing additional postponements for a reasonable time upon good and sufficient reason. SECTION 4. Nothing herein shall be deemed to preclude the Council from abandoning the existing Street Lighting Maintenance District or consolidating it into a single assessment district formed under the Streets & Highways Code prior to June 30, 20l0. SECTION 5. That the City Clerk shall certify to the adoption of this Resolution. Passed, approved and adopted this I 9t h day of June , 1990. ~~d~~~r;r May; r th C Y 0 cadia ATTEST: ci of Arcadia -2- 5536 . .1 ~ < . STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF ARCADIA I, JUNE D. ALFORD, City Clerk of the City of Arcadia, hereby certify that the foregoing Resolution No. 5536 was passed and adopted by the city council of the City of Arcadia, signed by the Mayor and attested to by the City Clerk at a regular meeting of said council held on the 19th day of June, 1990 and that said Resolution was adopted by the following vote, to wit: AYES: Counci Imember Ciraulo, Fasching, Gi Ib, Harbicht and Young NOES: None ABSENT: None ci of Arcadia -3- 5536 . , RESOLUTION NO. 4173 A,RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA ORDERING THE CONSOLIDATION OF ALL EXISTING LIGHTING DISTRICTS INTO A SINGLE DISTRICT PURSUANT TO THE STREET LIGHTING ACT OF 1919, STREETS AND HIGHWAYS CODE SECTIONS 18000 ET SEQ. WHEREAS, on October 30, 1970, there was filed with the City Clerk a report of the City Engineer made pursuant to the Street Lighting Act of 1919, Section 18000 et seq. of the Streets and Highways Code, which report contains a map of a proposed consolidated lighting district, and the four zones therein, and a statement of the nature and extent of the proposed improvement and the estimated cost thereof and the lands to be assessed for such cost; and WHEREAS, on December 1, 1970, the City Council duly held a public hearing for the purpose of hearing protests to the formation of said consolidate.d lighting maintenance district, and the proposed improvement; and WHEREAS, no protest was filed by anyone having an interest in any land within the proposed district. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA DOES HEREBY RESOLVE AS FOLLOWS: 1. Said report of the City Engineer is approved and adopted and the proposed assessment as. set forth in said report is hereby confirmed and it is hereby ordered that said improvement be made and that the levying and collection of assessments shall be done in accordance With the Alternative Procedure for Levying and Collecting Assessments on an Ad Valorem Basis as set forth in Chapter 8.5 of the Street Lighting Act of 1919. The boundaries of the consolidated lighting district and of the four zones included therein are shown on a map consisting of -1- 4173 Attachment to Res. 5536 . . fifty-seven (57) sheets, which map is a part of said report on file in the office of the City Clerk and is hereby incorporated herein by reference. Said district shali be known as the Arcadia Consolidated Lighting District and the zones therein shall be designated "A", "5". "c" and "D", all as shown on said map. The improvement shall continue for a period commencing July 1. 1970 and ending June 30. 1990. The improvement consists of furnishing and maintaining electric lighting in each of the four zones as follows: Zone A - Utility-owned commercial system with mercury vapor lamps on marbelite, steel or wood poles and maintained by the company. Zone 5 - Utility-owned residential lighting, primarily incandescent but including some low intensity mercury vapor lamps on marbelite, steel or wood poles and maintained by the company. Zone C - City-owned commercial lighting system with mercury vapor lamps on marbelite or steel poles and maintained by City forces. Zone D - City-owned residential lighting system consisting primarily of incandescent lamps on marbelite poles and maintained by the City. The estimated cost for the first year of operation is as follows: Item Zone A Zone B Zone C Zone D - Energy & Maintenance Cost $25.015.20 $52.291.80 $1,148.40 $3.432.00 Estimated Engineering, Publication and Posting Costs 350.00 a75.OO 50.00 125.00 Total ~25,365.20 ~52, 66.80 ~1.198.40 ~3.557 .00 The portion of the estimated cost for each district for the first year to be borne by each of the districts and the portion to be borne by the City shall be as follows: -2- .\.............1-.,...."........... ,..., 4173 c-......,. Item - Zone A Zone B Zone C Zone D ~ of Cost to District Cost to District Cost .to City 60~ $15,219.12 10,146.09 50~ $26,433.40 26,433.40 100~ $1,198.40 50~ $1,778.50 1,778.50 The portion of the cost to be borne by the City shall be paid from the General Fund. That portion of the estimated cost to be borne by each zone in the district shall be paid by special assessment taxes levied upon all the lands, exclusive of improvements, within the respective zones. SECTION 2. The City Clerk shall certify to the adoption of this resolution and shall send a certified copy thereof together with the map referred to above to the Assessor and the Board of Equalization. I HEREBY CERTIFY that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Arcadia held on the 15th day of December , 1970, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Arth, Considine, Hale, Helms, and ~tterworth NOES: Jone ABSENT: lfone Y SIGNED AND APPROVED this 15th day of December , 1970. ATTEST: J.J~Hll.lS.'!'T~ V.llf MHKF.Tf ~lerk (SEAL) -3- 4173 Attachment to Res. 5536 EXHIBIT "A" The City's Lighting Maintenance District is subject to the provisions of Section 18000 et seq. (Street Lighting Act of 1919) of the Streets and Highways Code. Section 18062 regarding the time period of "improvement" allows the City Council to extend/postpone the date of ending for a reasonable time upon good and sufficient reason. According to Section 18007, "improvement" and any of its variants includes the maintenance or servicing, or both, of all or part of anyone or more street lighting systems. "Maintenance" and any of its variants, according to Section 18007.5, includes the replacement of any obsolete equipment with the new modern equipment necessary for an adequate street lighting system or systems. "Service" and any of its variants, according to Section 18006, means and includes the furnishing of electric current or energy, gas, or other illuminating agent to all or part of any street lighting system. Since, 1. there Is a need to continue the furnishing, maintaining, and servIcIng of the street lighting systems for a reasonable time period, and 2. there is a need to recover the annual costs and expenses of furnishing, maintaining, and servicing of the street lighting systems on an ongoing basis, and 3. there is an ongoing need to allow annexation of additional areas with new lighting improvements to the Street Lighting Maintenance District, and 4. the initial reasonable time period of 20 years, as set by Resolution No. 4173, for furnishing, maintaining, and servicing the street lighting systems commenced July I, 1970, and ends June 30, 1990, it appears that a reasonable time of extension/postponement of the date of ending would be another 20 years to June 30, 2010. This conclusion is based upon the aforementioned sections of the Streets and Highways Code, the foregoing stated good and sufficient reasons, and the fact that the Streets and Highways Code does not 1 imit the time period of extension/postponement if the reasons therefor are good and sufficient. Exhibit A 5536