HomeMy WebLinkAboutCC RES 77-036 . +Ri -_ - . # ..;
RESOLUTIOM N0. 77-36
A RESOIUT[ON OF THE CITr COUNCII Of THE CITY OF PALN
DESERT. CALIFORNIA. REPEIILIMG CITY COUNCIL RESOLUTIQN
15-26 AND Al NOING A POLICY RfGI1RpING THE IMSTAI.LATION
OF CUR IY'ID 6UTTER FOR NEM DEYELOPMENt AlID RfGRRDING
CITY PARTIC PATiON [N THE COST FOR INSTALLATION Of CUR6
I111D 6UTTER IN MEAS MSTH EXiSTING SINGLE FAMiIr RESiDENCEs
MIEREAS. the tlty Councll of tAe C1ty of Pa1 n Desert believes that the
tnst ll t on of turb. qutter and tfe-in pdvinq by the amers of existinq single
fa ily esidehces Mill ultt ately tmprore the orerall drainage of the carmunity;
a d
IMEREAS. the individual ho ne o mers. Dy installing curb, gutter and tie-in
paving are in fact improving thelr p opertr; and
NIEREAS it is desirable to provide methods of quaranteeing construction of
requireE improvements.
NOW. THEREFORE. BE IT RESOLYED by the City Council of the City of Palm
Desert as folloas:
1. C1ty Council Resoluttan Mo. 75-26 is epealed.
2. All ne v development hereafter constructed in the Citr shall be
required to do o e of the folloNing on all public street frontages
of the prope ty o ahich the development is beinq constructed.
a. Construct curb and 9utter and tie-in paving; or
b. Provide a cash payment in an amount equal to the cost of the
instaliatlon of curb, 9utter and tie-in pavinq; or
c. The o►me shall ente into a birtding Agreement Mith the City to
construct curb, gutter and tie-in paving at such later date as
the Citr may dema d. The Aqreement shall be binding upon, and
inure to the benefit of the o +ner. his heirs, successors. ass 9ns.
and successors in interest in said real property. shall run with
said real property, and shall create an equiW ble servitude upon
said eal property. The Aqreement shall be recordeA with the
Cou ty Recorder.
3. The property owner, with the approval of the City Engineer, may l
determine rhith of the methods shall be used. In the event that a
cash payment is required, the City shall deposit these monies in a ,!
special fund, eserved for the construction of curb. gutter and
tie-in paving on said property until such ttme as the City Enqineer i
deter nines curb, gutter and tie-in paving can effectively be installed
as part of a reasonable project. The Direct r of Finance is directed ;;;y
to tredit. annually. the balances in said fund with their proportio ate 'cc
share of interest earned from the investment of City cash. ; ;
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4. Under extraordinary ci cumstances. the City Council. on appeal from `'' i
the property wmer nwy Maire any or all of the requirements unAer
(2) above. ,?
5. Instellation of required curb. gutter and tie-in Daving shall include.
wheferer necessary, the dedication of the necessary right-of-way to
obtain the ultimate half street Midth of any public street adjacent
to the propertr under construction.
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6. in the use of tAt existing s1n91e-fainily residences (not �ew ho�ne con-
strxtlon). the Citr of P�1� Desert shall asslst the ha�e owner in
inst�111ng the turb. gutter •rb tie-1n paving, suDject to the avail-
�611ity Ot tunds. to the fo11oM1ng eztent: '
a. Provide to� the cost of the noniel encroach�nent penel t fee
and inspettton. toyether rith the necessary field engineering.
p, Provlde to� the cost of the engineering plans for the canpletion
of arb, gutter anA tie-in paving to �neet the existing City
standards.
t. Prov14e tor the cost of installing the tie•in pavin9 betvreen the
edye of the extsttn9 pave�nent and the neM gutter eEge.
d. On corner lots. provide fo� the cost of installinq curb and
qutter on the shorter stde. up to a maximum of 100 lineal feet
�neasur�ed fra� the curb return to the property line.
1. The Cltr shall not particlpat�� to any deg�ee in the cost of installation
of curb end 9utter for any existing projects larger than a single family
�esidence on an individual lot.
PASSEO. APPROYED. and ADOPTEO by the City Council of the City of Pal�n Oesert
Glifornia, on this 14th day of April, 1977. br the folla+ing vote:
arEs: Brush. McPherson. Ne++brande�. and Mullins
NOES: None
ABSENT: None
ABSTAIN: None
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ATTEST:
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City of Pal� Desert, California