The URL can be used to link to this page

Home My WebLink AboutCC RES 94-032v,.�. ��- r-Z o�i iv .�. i� v� i 2U RESOLUTION NO. 94-32 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT APPROVING PAYMENT BY THE PALM DESERT REDEVELOPMENT AGENCY FOR THE COST OF PROJECT NO. 926, THE UNDERGROUNDING OF UTILITIES AT LAS PALMAS AVENUE AND HIGHWAY 111 THE CITY COUNCIL OF THE CITY�OF PALM DESERT HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS: Section 1. Pursuant to provisions of the Community Redevelopment Law (California Health and Safety Code Section 33000, et s�.), and in particular Section 33445 thereof, the Palm Desert Redevelopment Agency proposes to pay for all or part of the cost of undergrounding electrical utilities at the intersection of Las Palmas Avenue and Highway 111, as set forth and described in that contract between the City and Hood Communications, Inc. for Project 926 dated December 17, 1993 and attached hereto as Exhibit A. The subject intersection is located in Project Area No. 1, as amended (the "Project Area"). The undergrounding of the electrical utilities at the subject intersection will remove the existing electrical poles and structures at the subject intersection, thereby enhancing the desirability of the surroundings and removing obstructions at the intersection. The undergrounding of utilities is also consistent with the City's ultimate goal to underground all utilities in the City. The undergrounding of the electrical utilities will improve the aesthetics of the area and remove obstructions at the intersection, all for the benefit of the health, safety and welfare of the residents and taxpayers of the City, the Project Area and the immediate neighborhood. Section 2. The budget constraints of the City prevent the City from reasonably financing the cost of such undergrounding by.any means. Traditional methods of financing such improvements such as general obligation bonds are not available as a practical matter because of the extraordinary voter approval requirement. Special assessment or special tax financing could overburden benefitting properties with assessments or taxes which would be added to existing taxes and assessments. Section 3. The City Council hereby finds and determines that based upon the £oregoing and other information presented to the City Council: (i) the undergrounding of the electrical utilities as described in Section 1 will be of benefit to the Project Area and the immediate neighborhood in which the project is located, (ii) the payment of funds for the cost of such improvements will assist in the elimination o£ one or more blighting conditions inside the Project Area by improving the aesthetics of the area and removing obstructions at the intersection, and (iii) no other reasonable means of financing 940228 P6402-00001 da 1891587 0 � RESOLUTION NO. 94-32 `"` � the undergrounding of the electrical utilities in Section 1 are available to the City. Section 4. The City Council hereby approves payment by the Agency for all or part of the cost of undergrounding the electrical utilities described in Section 1 from any revenues of the Agency lawfully available therefor. Section 5. The City Council hereby authorizes the execution by the City of documents necessary to allow the Agency to pay for the undergrounding of the utilities described in� Section 1, including, without limitation, the assignment to the Agency of the contract between the City and Hood Communications, Inc. attached hereto as Exhibit A. PASSED, APPROVED and ADOPTED this ioth day of March , 1994. AYES: CRITES, KELLY, SNYDER, WILSON NOES : NONE ABSENT : BENSON ABSTAIN : NONE saozZa rsaoz-0000i aa is9iss� o - 2- RESOLUTION NO. 94-32 EXHIBIT "A" Qaoz2s P6aoz-0000i ea is9iss� o — 3— •: RE50�UTION NO. 94-32 ,,.�,� �.._- f • _ _i I.i: L'�'J TSIS AGREEI�NT is made and entered into this 17th day of December , 19�, by and between City of Palm Desert, California, hereafter called "Ovner", and Hood Communications. Inc., hareinafter called "Contractor". W I T N B S S S T H L- • L 1. Contractor has submitted to Owner its Coatractor's Proposal for the construction of Owners Project. PROJBCT N0. 926, LAS PALMAS AVENUE AT HIGBWAY 111 ELECTRICAL ONDBRGROUNDING PROJECT in strict accozdance with the Contract Document• identified below and Owner hae accepted said Proposal. 2. Contractor states that it has re-e�cami.ned its Contractore's Proposal and found it to be correct, has ascertained that ita subcontractors are properlp licensed and posseas the requisite skill and forces, has examined the site and Contract in accordance with the Contract Dxuments for tiie money set forth in its Proposal to be paid as provided in the Contzact Dxuments. AGREEMENT: IT IS AGREED BY THE PARTIBS AS FOLLOWSs 1. Contract Dxuments: The entire contract consist of the following: (a� The Agreement; (b) The Notice Invitinq Bids; (c) The Instructions to Bidders; (d) The Contractors Propoaal; (e) The Hidder's Bond; (f) The Performance Bond; (q) The Labor and Material Bond; (h) The General Conditions; (i) The Special Provisions; (j) The standard Specifications as modified in other portions of the Contract Dxuments; (k) The Plans; (1) Addenda Nos. 1 i 2 ;(m) The Determination of Prevailinq Waqe Rates for Public Work; (n) Any Chanqe Orders issued; (o) Any additional or supplemental specifications, notices, instructions and drawinqa issued in accordance with the provisions of the Contract Dxuments. All of said Documents presently in existence are by this reference incorporated herein with like effects if here set forth in full and upon the proper issuance of their documenta they ahall likewise be deemed incorporated. The Bid Bond is exonerated upon execution of this Aqreement, the Payment Bond, and the Faithful Performance Bond. 2. Contractor shall comQaence the work within ten calendar days after the date of the Notice to Prxeed and will do all thinqs necessary to construct the work generally described in Recital No. 1 in accordance with the Contract Documents and will complete said work within thirty ( 30 ) workinq days from the Notice to Prxeed date to the satisfaction of the Enqineer. G-1 • RESO�I,UTION NO. 94-32 m IN WITNESS WHEREOF the partiea hbreto have executed of cauaed to be executed by their duly authorized officials, thi� Aqreement which ehall be deemed an oriqinal on the date firat above written. BY ( NAi� ) : TITLB: ATTEST BY: NAME: v sANDRA A. RILEY ' v TITLE: OWNER: BY: TITLE: MAYOR - CITY OF PALM DESERT [SEAL] TITLE: CITY CLERR - CITY OF PAI�M DESERT G-3 _ ,_- �= ' .� = � �il+ ��i�� SECRETAAY/TREASURER (Company Officer)