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HomeMy WebLinkAbout3625 RESOLUTION NO. 3625 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, CONFIRMING THE REPORT OF THE CITY ENGINEER DATED AUGUST, 1963, PREPARED PURSUANT TO THE PROVISIONS OF THE "STREET LIGHTING ACT OF 1919," AND REFERRED TO IN RESOLUTION OF INTENTION NO. 3618 OF SAID COUNCIL, AND THE PLANS AND SPECIFICATIONS, ESTIMATE, DIAGRAM AND ASSESSMENT CONTAINED IN SAID REPORT; ORDERING THE WORK AND LEVYING THE ASSESSMENT FOR SERVICE NECESSARY TO MAINTAIN AND ILLUMINATE BY ELECTRIC ENERGY THE STREET LIGHTS WITHIN SAID CITY FOR A PERIOD OF MONTHS ENDING JANUARY 31, 1966. WHEREAS, the City Council of the City of Arcadia, California, did heretofore require the City Engineer of said City to make and file with the Clerk of said Council a report in writ- ing presenting certain matters relating to a proposed lighting maintenance and service district in said City, as contemplated under the provisions of the "Street Lighting Act of 1919"; and, WHEREAS, the City Engineer pursuant to the requirements of said Council did in August, 1963 make and file in the office of the City Clerk of the said City, his report in writing relating to the proposed lighting maintenance and service district in said City referred to in said Resolution of Intention No. 2618 and as con- templated under the provisions of said "Street Lighting Act of 1919"; and, WHEREAS, the City Council did approve said report on the 3rd day of September, 1963, in conformity with the provisions of said Act; and, WHEREAS, said City Council did thereafter and on said September 17, 1963 pass its Resolution of Intention No. 3618, declaring its intention to order certain lighting fixtures and appliances on certain streets and public places within said City to -1- 3625 be furnished, installed and maintained and electric current to be furnished for lighting said fixtures for a period of ,months ending January 31, 1966; and WHEREAS, said Council did also on said September 17, 1963, in its Resolution No. 3619, fix and designate October 15, 1963, at the hour of 8:00 o'clock p.m. of said day as the time for hearing protests in reference to the proposed improvement and assessment; and, WHEREAS, at the time and place above stated for hearing protests with reference to the proposed improvement or to the assess- ment therefor, said Council did proceed to hold and did hold said hearing, which hearing was then duly adjourned and continued to November 5, 1963 at 8:00 o'clock p.m., at which time said hearing thus adjourned and continued was held; and, WHEREAS,. prior to the hour set for the hearing of pro- tests with reference to the proposed improvement or the assessment therefor, written protests were filed by interested persons who objected to the proposed improvement or to the assessment therefor or both; and, WHEREAS, at aforesaid times said Council heard and con- sidered all protests theretofore or thereat submitted or made, whether written or oral; and, WHEREAS, at the time to which was adjourned and continued said, hearing of protests in reference to the proposed improvement or to the assessment therefor, all protests theretofore or thereat, submitted or made, whether written or oral, were passed upon by said Council; and, WHEREAS, the proposed improvement consists of a single system of the same general type throughout the area to be served thereby; and, -2- 3625 WHEREAS, all protests to the proposed improvement or to the assessment therefor or both, whether written or oral, were duly and regularly denied and overruled by at least a four-fifth (4/5) affirmative vote of the members of said Council; and, WHEREAS, said Council having held said hearing and being fully advised in the premises, has now acquired jurisdiction to pro- ceed further j NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ARCADIA, CALIFORNIA, DOES RESOLVE, DECLARE, FiND, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. That said Council does hereby approve, confirm and adopt the said report of said City Engineer dated August, 1963, and does approve and confirm the assessment proposed for said pro- posed improvement aet forth and referred to in said report, which said report is now on file in the office of the City Clerk of said City, open to public inspection, hereby referred to and made a part hereof; and said C:l.ty Council does hereby also confirm and adopt all of said report des:l.gnated "Preliminary Report of Street Lighting - Santa Anita Village - Street Lighting Act of 1919", and each of the respective instruments therein contained, all of which, on file as aforesaid, are hereby incorporated herein and made a part hereof. That the boundaries of the District to be assessed for the proposed improvement set forth and referred to in said Report are shown on that certain instrument designated Diagram Street Lighting Santa Anita Village L.M.D. 20, said boundaries being designated by the dark, broken line thereon and which boundaries are specifically described as follows: -3- 3625 Beginning at the southwesterly corner of Lot 1, Tract No. 15979, as shown on map recorded in Book 351, pages 31 and 32, of Maps, in the office of the Recorder of Los Angeles County; thence easterly, along the southerly line of Lots 1 and 2 of said Tract, to the southeasterly corner of said Lot 2; thence easterly in a direct line to the northwesterly corner of Lot 76, Tract No. 13177, as shown on map recorded in Book 261, pages 36 and 37 of Maps in the office of said Recorder; thence easterly along the northerly line of said Tract 13177, and following the same, through its various courses and distances to the most westerly corner of Lot 10, Tract No. 15038, as shown on map recorded in Book 318, pages 42 and 43 of Maps in the office of said Recorder; thence northeasterly along the northwesterly line of said Lot 10 to the most northerly corner thereof; thence continuing northeasterly in a direct line to a point of tangency with a curve in the northerly line of Lot 1 of said Tract 15038, said curve being concave to the southeast and having a radius of 20 feet; and a length of 35.00 feet; thence northeasterly along the northerly line of said Lot 1, and following the same through its various courses and distances to the end of a curve in said line, concave to the southwest and having a radius of 20 feet and a length of 32.19 feet; thence southeasterly in a direct line to the northwest corner of Lot 14, Tract No. 13313 as shown on map recorded in Book 268, pages 33 and 34 of Maps in the office of said recorder; thence easterly along the northerly line of said Lot 14 to the northeast corner thereofj thence southerly along the easterly line of said Tract 13313, and following the same, through its various courses and distances to the most southerly corner of Lot 1 of said Tract No. 13313j said corner also being the most easterly corner of previously mentioned Tract No. 13177j thence southwesterly along the boundary of said Tract No. 13177, and following the same through its various courses and distances to the southwesterly corner of Lot 54 of said Tract No. 13177j thence northwesterly along the southwesterly line of said Lot 54 and along its prolongation to the most westerly corner of Lot 44 of said Tract No. 13177; thence northwesterly along the southwesterly line of Lots 43, 42 and 4r of said Tract No. 13177 to the southwesterly corner of said Lot 41j thence westerly along the southerly line of Lots 40, 39, 38, and 37 to the southwesterly corner of said Lot 37; thence westerly in a direct line to the southeasterly corner of Lot 6 of previOUSly mentioned Tract No. 15979; thence continuing westerly along the southerly line of Lots 6 and 5 of said Tract No. 15979 to southwest corner of said Lot 5; thence northerly along the westerly line of Lots 5 and 4 of last mentioned Tract to the point of beginning. -4- 3625 That all of the property within the District thus bounded and de- scribed shall constitute but one zone, and such District is hereby designated as Santa Anita Village Lighting Maintenance District No. 20. SECTION 2. That the period of time for which the pro- posed improvement shall continue is the number of months commencing from the date of adoption hereof and ending on the 31st day of January, 1966, as set forth in the Resolution of Intention No. 3618. That the proposed improvement consists of the installation of an overhead lighting system with incandescent lamps on one existing wood pole and on twenty-six steel poles to be erected and the repair, replacement and maintenance thereof and the furnishing of electric energy therefor. That the estimated cost for the first year ending June 30, 1965 is Three Thousand Two Hundred Eighty-five and 70/100 dollars ($3,285.70). SECTION 3. That of said estimated cost for the first year as aforesaid the cost of seven (7) poles and the total amount of Four Hundred Thirty and 50/100 dollars ($430.50) and fifty percent (50%) of the energy and maintenance cost estimated at Seven Hundred Ninety-three and 35/100 dollars ($793.35) for the first year as aforesaid shall be borne by the City of Arcadia and shall be paid out of the General Fund of the City of Arcadia. SECTION 4. That the balance of theetimated cost of the improvement for the first year as aforesaid other than that portion to be paid by the City of Arcadia as specified in the preceding Section shall be borne by the District which constitutes but one zone. That the portion of the estimated cost to be borne by the District shall be paid by special assessment taxes levied upon all of the land exclusive of improvements, within such District. That the assessment for the portion of the cost to be paid by the -5- 3625 District shall be levied and collected on an ad valorem basis pursuant to Chapter 8.5 of Part 1 of Division 14 of the Streets and Highways Code, being Sections 18160 through 18169 of said Streets and Highways Code. SECTION 5. That the City Clerk is hereby ordered to file a certified copy of this Resolution and of the map of the District with the County Assessor of Los Angeles County and with the State Board of Equalization pursuant to Chapter 8, Part 1, Division 2, Title 5 of the Government Code and pursuant to Chapter 18163 of the Government Code. Such Assessor in making up the City assessment roll shall segregate the property included within the District on the assessment roll under the District designation Santa Anita Village Lighting Maintenance District No. 20, and the County Tax Collector of the County of Los Angeles is hereby designated, re- quested, empowered, authorized, instructed and directed to make collection of said assessment and to perform the acts and duties as are required by law and to be performed by the officer, employee or person so designated. SECTION 6. The City Clerk shall certify to the adoption of this Resolution. 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 5th day of November, 1963, by the affirmative vote of at least three Councilmen, to wit: AYES: Councilmen Balser, Butterworth, Reibold, Turner and Phillips None NOES: ABSENT: None ~~~'~A)~ C ty Clerk of the City of Arcadia 5th day of November, 1963. ~ ~ Q)--1~. Mayor of the City of Acadia SIGNED AND APPROVED this ~7~~ City Clerk (SEAL) -6- 3625