Loading...
HomeMy WebLinkAboutCC RES 06-049RESOLUTION NO. 06-49 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA DECLARING ITS INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED HIGHLANDS UTILITY UNDERGROUNDING ASSESSMENT DISTRICT NO. 04-01 PURSUANT TO THE MUNICIPAL IMPROVEMENT ACT OF 1913 AND IN ACCORDANCE WITH ARTICLE XIIID OF THE CALIFORNIA CONSTITUTION, TO COMPLY WITH THE REQUIREMENTS OF DIVISION 4 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE BY PROCEEDING UNDER PART 7.5 THEREOF AND TO DESIGNATE SUCH DISTRICT AN UNDERGROUND UTILITY DISTRICT PURSUANT TO CHAPTER 12.12 OF THE MUNICIPAL CODE AND APPROVING AND ADOPTING A MODIFIED BOUNDARY MAP IN CONNECTION THEREWITH RECITALS: WHEREAS, on December 14, 2000, the City Council adopted its Resolution No. 00-135, establishing a policy in connection with the initiation of special assessment proceedings by petition of property owners for the purpose of financing the conversion of overhead utility facilities to underground locations; and WHEREAS, on April 6, 2004, a written petition of property owners (the "Petition") was presented to the City Council requesting the conversion of overhead utility facilities within an area commonly known as the Highlands. A copy of the Petition is on file in the Office of the City Clerk; and WHEREAS, on May 13, 2004, the City Council adopted its Resolution No. 04-36, initiating proceedings, pursuant to Chapter 12.12 of the Palm Desert Municipal Code (the "Municipal Code") and the Municipal Improvement Act of 1913 (Division 12 of the California Streets and Highways Code, commencing with Section 10000) (the "1913 Act") for the conversion to underground service of overhead electric and communication facilities in the Highlands area and the formation of an assessment district in connection therewith; and WHEREAS, by its Resolution No. 04-36, the City Council also established the boundaries of the proposed district in accordance with a map entitled "Palm Desert Highlands Utility Underground Assessment District" (the "2004 Map"); and WHEREAS, the City Clerk has executed a Certificate of Sufficiency (the "Certificate") with regard to the Petition, and has presented the Certificate and the Petition to the City Council; and WHEREAS, the City Council desires to continue proceedings pursuant to the 1913 Act to form Highlands Utility Undergrounding Assessment District No. 04-02 (the "District"); and WHEREAS, the City Council desires to approve and adopt a map entitled "Proposed Boundaries of Highlands Utility Undergrounding Assessment District No. 04-01" (the "2006 Map") modifying the boundaries previously established by the 2004 Map; and RESOLUTION NO. 06-49 WHEREAS, the City Council desires to designate the District as an Underground Utility District pursuant to Chapter 12.12 of the Municipal Code. NOW, THEREFORE, BE IT RESOLVED, DETERMINED, AND ORDERED BY THE CITY COUNCIL OF THE CITY OF PALM DESERT AS FOLLOWS: Section 1. The above recitals are all true and correct and a substantive part of this Resolution. Section 2. The City Council hereby (i) finds that the public interest, necessity and convenience require, and (ii) declares its intention to order, improvements authorized by the Act (the "Improvements"). The Improvements are briefly described in Section 5, below. Section 3. Section 4. The district of land to be benefited by the Improvements, below, and to be specially assessed to pay the costs and expenses of such improvements, including incidental expenses, shall be referred to as " Highlands Utility Undergrounding Assessment District No. 04-01." The 2006 Map of the District is hereby approved and adopted. The original 2006 Map of the District and one copy thereof shall be filed in the Office of the City Clerk. The 2006 Map of the District shall govern for all details as to the extent of the District. A certificate evidencing the data and adoption of this resolution shall be endorsed on the original 2006 Map of the District and on at least one copy thereof. Within 15 days or sooner after adoption of the resolution fixing the time and place of hearing on the formation or extent of the District, a copy of the 2006 Map of the District shall be filed with correct and proper endorsements thereon in the Office of the County Clerk and Recorder, County of Riverside, pursuant to Section 3111 of the California Streets and Highways Code. For a full and complete description of the exterior boundaries of the proposed District, reference is hereby made to the 2006 Map, which will be on file in the office of the City Clerk of the City and open to public inspection. The office of the City Clerk is located at 73-510 Fred Warring Drive, Palm Desert, California 92260-2578. Section 5. The proposed Improvements are briefly described as: All work and equipment necessary to convert the existing overhead utility lines within the District to underground service and the removal of all abandoned power poles, lines, and associated equipment. P6401-1034\859553.3 2 RESOLUTION NO. 06-49 Section 6. Section 7. Section 8. Section 9. Section 10. Such work and equipment shall include, but shall not be limited to, trenching, installing the new utility vaults needed to receive the conduits and transformers, laying the conduit lines into the trenches, re -paving the street, switching service to the underground system and removing the existing overhead poles and wires. This includes power lines owned by Southern California Edison, phone lines owned by Verizon, cable television and fiber optic lines. The public improvement portion of the undergrounding of utilities will terminate at a service lateral located at the front of each property to be served in the District. Each individual property owner will be responsible for the trenching, backfilling, conduits, conductors and conversion panels needed from the service lateral to the connection point at the house. With respect to each lot or parcel for which a written request is accepted by the City Clerk pursuant to Section 5896.15 of the Code, the Improvements shall include (subject to applicable rules regulations, tariffs and ordinances) such trenching, backfilling, conduits, conductors and conversion panels needed from the service lateral to the connection point at house. The City Council hereby declares its intention to comply with the requirements of the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, Division 4 of the Code (the "1931 Act") by proceeding under Part 7.5 of the 1931 Act. The proposed Improvements are hereby referred to MuniFinancial, as Assessment Engineer, to make and file with the City Clerk a report in writing in accordance with Article XIIID, Section 4 of the California Constitution and Section 10204 of the 1913 Act, which report shall also contain all of the information required by Section 2961 of the 1931 Act and Section 12.12.030 of the Municipal Code. To the extent permitted by Section 5896.14 of the Code, the City Council hereby determines that it is in the public interest and more economical to do work on private property to eliminate any disparity in level or size between the proposed Improvements and private property than to adjust the work on public property to eliminate such disparity. Provision is hereby made for the issuance of improvement bonds, in one or more series, pursuant to Chapter 7 of Division 12 of the Code, commencing with Section 10600. Notice is hereby given that serial bonds or term bonds or both to represent unpaid assessments, and to bear interest at the rate of not to exceed twelve percent per year, or such other amount authorized by law, payable semiannually, shall be issued hereunder in one or more series in the manner provided by the Improvement Bond Act of 1915 (commencing with Section 8500 of the Code) P6401-1034\859553.3 3 RESOLUTION NO. 06-49 (the "1915 Act"), and the last installment of bonds shall mature a maximum of 39 years from the second day of September next succeeding 12 months from their date. Section 11. The City Council hereby determines and declares that the City will not obligate itself to advance available funds from the City treasury to cure any deficiency which may occur in the bond redemption fund. Section 12. The City Council hereby determines that the principal amount of bonds maturing or becoming subject to mandatory prior redemption each year shall be other than an amount equal to an even annual proportion of the aggregate principal amount of the bonds, and the amount of principal maturing or becoming subject to mandatory prior redemption in each year plus the amount of interest payable in that year shall be an aggregate amount that is substantially equal each year, except for the moneys falling due on the first maturity or mandatory prior redemption date of the bonds which shall be adjusted to reflect the amount of interest earned from the date when the bonds bear interest to the date when the first interest is payable on the bonds. Section 13. With respect to the procedures for collection of assessments and the advance retirement of bonds in connection with the proposed District, the City Council proposes to proceed under the provisions of Part 11.1 of the 1915 Act (commencing with Section 8670 of the 1915 Act). Section 14. The City hereby designates the City Treasurer, or the designated agent of the City Treasurer, to collect and receive the assessments. Section 15. Any surplus moneys remaining in the improvement fund after the completion of the proposed Improvements and the payment of all claims from the improvement fund shall be disposed of in accordance with Section 10427 of the 1913 Act. Section 16. In the opinion of the City, the public interest will not be served by allowing property owners to take a contract to perform any of the work. Notwithstanding the foregoing (and subject to applicable rules, regulations, tariffs and ordinances), it shall be the responsibility of the owner of each lot or parcel in the District to construct, reconstruct, relocate, or convert all electric or communication facilities located upon such lot or parcel, unless a written request pursuant to Section 5896.14 of the Code is executed by the such owner and accepted by the City Clerk. Section 17. The Improvements will be designed by Southern California Edison and Verizon (collectively the "Public Utilities"). Either the Public Utilities or the City (or some combination thereof) will construct the Improvements. Once completed, the Improvements will become the property of the Public Utilities. The City Council hereby declares its intention to enter into agreements with the Public Utilities pursuant to Chapter 2 of the 1913 Act (commencing with Section 10100 P6401-1034\859553.3 4 r RESOLUTION NO. 06-49 of the 1913 Act), to the extent the Improvements are to be owned, managed or controlled by the Public Utilities. Section 18. Pursuant to Section 10205 of the 1913 Act, the City intends to make a contribution of revenues as a credit against the assessment. Section 19. The City Engineer is hereby appointed and designated to perform the duties and functions of the Superintendent of Streets in connection with the proposed District pursuant to the 1913 Act. P6401-1034\859553.3 5 RESOLUTION NO. 06-49 PASSED, APPROVED, AND ADOPTED THIS 13th DAY OF April , 2006. STATE OF CALIFORNIA COUNTY OF RIVERSIDE CITY OF PALM DESERT ) ss. I, Rachelle D. Klassen, City Clerk of the City of Palm Desert, County of Riverside, State of California do hereby certify that the foregoing Resolution No. 06-49 was regularly adopted by the City Council of said City of Palm Desert at a regular meeting of said council held on the 13th day of April, 2006 by the following vote: AYES: BENSON, CRITES, KELLY, and FERGUSON NOES: NONE ABSENT: SPIEGEL ABSTAINED: NONE Jim F gush , ,Matyor City o 1r rDese'rt, California ATTEST: R. chelle D. Klassen, City Clerk City of Palm Desert, California P6401-1034\859553.3 6