HomeMy WebLinkAbout1992-10-27 - RESOLUTIONS - UTILITY DIST 92-3 ENGR RPT (2)RESOLUTION NO. 92- 187
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SANTA CLARITA APPROVING THE FINAL
ENGINEER'S REPORT FOR ITS SAN FERNANDO ROAD
UNDERGROUND UTILITY DISTRICT NO. 92-3 AND
CONFIRMM% THE CONTRACTUAL ASSESSMENT
WHEREAS, the City Council (the "City Council") of the City of Santa Clarita,
California ("City"), as authorized by Santa Clarita Municipal Code Section 13.32.060,
previously adopted Resolution No. 90-143 on July 24, 1990, calling for a public hearing to
ascertain whether the public necessity, health, safety, or welfare requires the removal of poles,
overhead wires and associated overhead structures and the underground installation of wires and
facilities for supplying electric, communication, or similar or associated service (the "Utility
Undergrounding") on a portion of San Fernando Road between Magic Mountain Parkway and
Lyons Avenue more particularly described in Exhibit "A" attached hereto and incorporated
herein by reference; and
WHEREAS, the City Council, as further authorized by Santa Clarita Municipal Code
Section 13.32.060, previously adopted Resolution No. 90-159 on September 25, 1990, finding
that the public necessity, health, safety, or welfare required the Utility Undergrounding and,
therefore, established its San Fernando Road Underground Utility District No. 1 (the "Prior
District"); and
WHEREAS, following adoption of Resolution No. 90-159, the City mailed to each utility
and to each property owner in the Prior District notice of the Utility Undergrounding as required
by Santa Clarita Municipal Code Sections 13.32.070 and 13.32.080; and
WHEREAS, the City Council has determined that the public interest and convenience
require the incorporation of these Prior District proceedings into new proceedings for the
creation of its San Fernando Road Underground Utility District No. 92-3 of the City of Santa
Clarita (the "District"), with boundaries as shown in Exhibit "A"; and
WHEREAS, the City Council proposes that the City has agreed to pay over fifty percent
(50%) of all costs of the Utility Undergrounding, excluding costs of property owners'
connections to underground electric or communications facilities; and
WHEREAS, the City Council on September 8, 1992 adopted its Resolution of Intention
No. 92- under the Municipal Improvement Act of 1913 and the Improvement Bond Act of
1915 for the construction of improvements in the District; and
WHEREAS, pursuant to the Resolution of Intention, the report containing plans and
specifications, an estimate of cost, a diagram and assessment (the "Engineer's Report") has been
presented to, and considered by, the City Council; and
WHEREAS, pursuant to Streets and Highways Code Section 2961(d), the City Council
finds that the Engineer's Report states that the total amount of the principal sum of all unpaid
special assessments levied against the parcels proposed to be assessed, plus the principal amount
of the contractual assessment proposed to be levied in the instant proceedings, does not exceed
one-half (1h) of the total value of the parcels proposed to be assessed; and
WHEREAS, at a duly noticed public hearing held on October 13, 1992, the City Council
did not receive protests from owners of any land proposed to be assessed;
NOW, IT IS HEREBY RESOLVED, DETERMINED AND DECLARED BY THE
CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. The public interest, convenience and necessity require, and it is the
intention of the City Council pursuant to the Improvement Act of 1911 (commencing with Streets
and Highways Code Section 5000) (the "Act"), to order the Utility Undergrounding within the
District, with boundaries as shown in Exhibit "A".
SECTION 3. The City Council has determined to proceed in forming an assessment
district pursuant to the Act and to incorporate therein the Prior District proceedings completed
pursuant to Santa Clarita Municipal Code Chapter 13.32. The City Council has further
determined to make contractual assessment financing available to property owners within the
District as authorized by Sections 5898.20 through 5898.30 of the Act to partially fund the costs
of the Utility Undergrounding. Each property owner in the District will be asked to execute a
contract with the City authorizing the Utility Undergrounding, the form of such contract to be
contained in the Final Engineer's Report prepared pursuant to Section 5 of this Resolution.
Assessments shall be levied only against property owners who give their free and willing consent
by executing a contract with the City. Assessments to be paid by each property owner may be
secured by a deed of trust.
SECTION 4. The total amount of the principal sum of all unpaid special assessments
levied against the parcels proposed to be assessed, plus the principal amount of the contractual
assessment proposed to be levied in the instant proceedings, does not exceed one-half (1h) of the
total value of the parcels proposed to be assessed.
5fa
SECTION 5. The Engineer's Report as modified (the "Final Engineer's Report"), the
contractual assessment, and the diagram are hereby confirmed and approved. The Final
Engineer's Report shall stand as the report for the purpose of all subsequent proceedings for the
District and shall govern all details thereof.
SECTION 6. The improvements shall be constructed in accordance with the Resolution
of Intention and the Final Engineer's Report for the District.
SECTION 7. This Resolution shall be final as to all persons and the assessment is
hereby levied upon the respective subdivisions of land in the District according to the Final
Engineer's Report.
SECTION 8. The Negative Declaration respecting the District is hereby approved and
the City Clerk shall record the Notice of Determination in the office of the Los Angeles County
Recorder.
SECTION 9. The contractual assessment shall be recorded in the office of the
Superintendent of Streets.
SECTION 10. The City Clerk shall file a copy of the assessment diagram in the office
of the Los Angeles County Recorder and cause to be paid the filing fee therefor.
SECTION 11. The City Clerk shall execute and record a Notice of Assessment in the
office of the Los Angeles County Recorder.
SECTION 12. The City Clerk shall publish once a week for two consecutive weeks in
a newspaper of general circulation and also mail to each property owner of record a Notice of
Recordation of Assessment.
SECTION 13. The City Clerk shall certify the adoption of this Resolution.
-3-
PASSED, APPROVED AND ADOPTED by the City Council of the City of Santa
Clarita, California at a regular meeting held on the 27th day of October, 1992.
ATTEST:
CITY CLERK p
CITY OF SANTA CLARITA, CALIFORNIA
MAYOR
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City
Council of the City of Santa Clarita at a regular meeting thereof, held on the 27th day of
October, 1992, by the following vote of the City Council:
AYES: COUNCILMEMBERS Boyer, Darcy, Heidt, Pederson, Klajic
NOES: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
�i
CITY CLERK
-4-
,
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
Ociohcr 13, 1992
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
Jill Kline
Mayor
COUnCllmembers
Carl Boyer
Jan Heidt
Jo Anne Darcy
Geonue Pederson
George Caravalho - City Manager
Kenneth Pulskamp - Assistant Citv Manager
Donna Grindev - City Clerk
Lynn Harris - Director of Community Development
Anthony J. Nisich - City Engineer
Jeffrey C. Kolin - Director of Public Works
Kenneth Pulskamp - Acting Director of Parks, Recreation & Arts
Professional Services
Burke, Williams, Sorensen & Garr - Special Counsel
Willdan Associates - Assessment Engineer
Citv of Santa Clariri
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
TABLE OF CONTENTS
Pa ,,e s
1-3
INTRODUCTION
4
Preliminary Approval
5
Certification
6
PLANS AND SPECIFICATIONS
7
DESCRIPTION/BOUNDARIES OF WORK
8-10
COST ESTIMATES
11
ASSESSMENT DIAGRAM
13-13
METHOD OF ASSESSMENT
14
RESOLUTION OF INTENTION
ATTACHMENTS
Exhibit "A" - Diagram
Exhibit "B" - Le, -4 Description
Exhibit "C" - Assessment Roll
Exhibit "D" - Draft Contract
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
INTRODUCTION
Cine of Sanrt Clunta
WHEREAS, on the 22 day of September, 1992, the City Council of the City of Stutta Clarita (the "City")
did, pursuant to the provisions of the Municipal Improvement Act of 1911, commencing with SCCtlon
5000, Division 7, Chapter 1 of the Streets and Highways Code of the State of California (the "Act"), as
amended, and incorporating prior District proceedings completed pursuant to Santa Clarita Municipal Code
Chapter 13.22, adopt its Resolution of Intention No. 92-176, for the financing and construction of certain
public improvements, together with appurtenances and appurtenant work in connection therewith, in a
special assessment district known and designated as
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
OF THE CITY OF SANTA CLARITA
(hereinafter referred to as the "Assessment District" or "District"); and,
To execute contracts between the City and each property owner in the District authorizing the utility
undergrounding and conceming the contractual assessments (hereinafter referred to as "Assessments").
WHEREAS, the Resolution of Intention, as required by law, did direct the appointed Engineer of Work to
make and file a Report, consisting of the following:
o Plans and specifications;
o General description of boundaries of work, appliances, rights-of-way, and other property
interests, if any, to be acquired;
o Cost Estimate;
o Assessment Diagram (the "Diagram") showing the District and the subdivisions of land contained
therein; and
o A proposed assessment of the costs and expenses of the improvements (hereinafter referred to as
"Works of Improvement") levied upon the parcels and lots of land within the boundaries of the
District.
o A draft contract specifying the terms and conditions that would be agreed to by a property owner
within the contractual assessment area and the City.
10/13/92
Cite of Santa Clar to
(i) Identification of a City official authorized to enter into contractual assessments on behalf of
the City.
(ii) A maximum aggregate dollar amount of contractual assessments.
(iii) A method for setting requests from property owners for financing through contractual
assessments in priority order in the event that requests appear likely to exceed the
authorization amount.
o A plan for raising a capital amount required to pay for work performed pursuant to contractual
assessments.
For particulars, reference is made to the Resolution of Intention as previously adopted.
NOW, THEREFORE, 1, Richard Kopecky, authorized representative of Wilid:m Associates, pursuant to
the provisions of the Act, do herein submit the following:
II. DESCRIPTION OF SERVICES
o Improvements to be provided within the District are generally described as follows:
o Conversion of all existing overhead utility services to underground service
0 1, pursuant to the provisions of the law and the Resolution of Intention, have assessed the costs
and expenses of the works of improvement as constructed in place in the District upon the parcels
of land in the District benefited thereby in direct proportion and relation to the estimated benefits to
be received by each of said parcels. For particulars of identification of the parcels, reference is
made to the Diagram.
o A Diagram, attached as Exhibit "A", showing the District, as well as the lines and dimensions of
each parcel of land within the District as they existed at the time of the passage of the Resolution of
Intention. Each parcel of land has been given a separate number on the Diaggam and in the
Assessment Roll.
o The legal description is included as Exhibit "B".
o The subdivisions and parcels of land and their numbers shown on the Diagram correspond with the
numbers appearing on the Assessment Roll, attached as Exhibit "C.
o The details of the draft contract are included herein as Exhibit "D".
o The current total true value of land and improvements on the parcels listed in Exhibit "C" based on
1992 assessor information is S 400,000.
o The parcels and assessments included herein do not include any prior unpaid special assessments.
o By virtue of authority contained in the Act, and by further direction and order of the City Council, I
hereby make the following assessment to cover the costs and expense of the Works of
Improvement for the District based on the costs and expenses as set forth herein.
o The statement of City policies regarding contractual assessments is included in the method of
assessment.
10/13/92
^ SUMMARY COST ESTIMATE
(See Pages 8, 9, and 10)
Amount as
Preliminary
Changed
Item Description Amountand
Modified
Cost of Construction $ 29,900
$ 20,700
Incidental Costs $ 17.250
$ 17.250
Subtotal $ 47,150
$ 37,950
City Contribution (50%) ($ 23,575)
L__18,975)
Amount to Assessment $ 23,575
$ 18,975
For particulars of the individual assessments and their descriptions, reference is made to the
^ Assessment Roll (see Exhibit "C).
All costs and expenses of the Works of Improvement have been assessed to all parcels of land
within the District in a manner which is more clearly defined in the Method of Assessment.
10/13/92
3
WILLDAN ASSOCIATES
Richard Kopecky
Engineer of Work
City of Santa Clarita
ry of Santa Clam
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
PRELIMINARY APPROVAL
Preliminary approval by the Cit- Council of the City of Santa Clarita on the — day of
19--'
Donna Grindey, City Clerk
City of Santa Clannt
FINAL APPROVAL
Final approval by the City Council of the City of Santa Clarita on the _ day of
, 19
10/13/92
a]
Donna Grindey, City Clerk
City of Santa Clarita
City of Santa Clarity
CERTIFICATIONS
I, Donna Grindey, as City Clerk, do herehv certify that the foregoing assessment, together with the
diagram attached thereto, was filed in my office on the day of , 19_.
By:
Donna Grindey, City Clerk
City of Santa Cla ita
State of California
I, Donna Grindey, as City Clerk, do hereby certify that the foregoing assessment, together with the
diagram attached thereto, was approved and confirmed in my office on the _______ (illy of
, 19__.
By:
Donna Grindey, City Clerk
city of Santa Clarita
State of California
I City Engineer of said City, acting as Superintendent of Streets of said
City, do hereby certify that the foregoing assessment, together with the diagram attached hereto, was
recorded in my office on the day of 19
By:
Superintendent of Streets
Citv of Santa Clarity
State of California
10/13/92
City of Sant:+ Clarity
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
III. PLANS AND SPECIFICATIONS
The plans and specifications for the improvements for this Assessment District are voluminous and are 1101
bound in this report but by this reference are incorporated as if attached to and made a pan of this Report.
The plans and specifications titled " Undergound Private Utilities in San Fernando Road," are on file in the
office of the City Engineer where they are available for inspection.
10/13/92
6
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
IV. DESCRIPTIONBOUNDARIES OF WORK
Furnish, install, complete in place and energize all electrical, telephone and cable television materials
necessary to convert existing overhead services to underground services at the following locations along
San Fernando Road from Drayton Street south to Placerita Creek.
25359 San Fernando Road
25030 San Fernando Road
25104 San Fernando Road
One Billboard within the Southern Pacific Railroad/Los Angeles County Transportation Commission right-
of-way on the east side of San Fernando Road and a tail crossing gate located at Circle J Ranch Road.
10/13/92
7
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
VJNN• • 1 • • • �i7iuTii
PUBLIC WORKS OF IMPROVEMENT
Amount as
Estimated Unit Preliminary Changed
Item Description Quantity Unit Price Amount and Modified
1. Furnish, install, complete in place and energize all electrical, telephone and cable television
materials necessary to convert existing overhead services to underground services as specified on
the plans and in these specifications located at:
25359 San Fernando Road
1
4,000
4,000
$ 4,000
.-. 25030 San Fernando Road
1
4,000
4,000
4,000
25104 San Fernando Road
1
4,000
4,000
4,000
Billboard
1
3,000
14,000
3,000
Rail Crossing Gate
1
3,000
0
3.000
Subtotal
26,000
$ 18,000
15% Contingency
3,900
2,700
TOTAL
29,900
$ 20,700
Note: The construction amounts included herein include all necessary conduit, trenching, and connection
work necessary. All cable work will be handled by the individual utilities.
10/13/92
3
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
COST ESTIMATES
GENERAL/PROJECT INCIDENTAL EXPENSES
Preliminary
Item Description
Amount
Assessment Engineering
i 6.000
o Utility Coordination
0
o Engineers Report
0
o Mailing, Posting, Recording
0
o Plans and Specifications
�>
Design Engineering
4,000
Construction Administration (City)
5.000
Subtotal
S 15,000
15% Contingency2.250
TOTAL
S 17,250
10/13/92
9
t; of Santa Clar a
Amount as
Chanted
and Modified
S ()
2,000
1,500
1,000
1.500
4.000
5.000
S 15,000
2.250
$ 17,250
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
COST ESTIMATES
SUMMARY OF COSTS AND AMOUNT TO ASSESSMENT
Item Description
Construction Total
Incidentals
Subtotal Incidentals/Construction
City Contribution (50%)
Amount to Assessment
10/13/92
ftll
Amount as
Preliminary Changed
Amount and Modified
$ 29,900
$ 20,700
17.250
17.250
$ 47,150
$ 37,950
($ 23,575)
(18,975)
$ 23,575
$ 18,975
City of Santa Clarita
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
ASSESSMENT DIAGRAM
The Assessment Diagram is shown in a reduced scale format as Exhibit "A".
10/13/92
�iHi�.5��L1p.[yR>'.7R1
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
METHOD OF ASSESSMENT
In finding that the public necessity, health, safety or welfare require the under -grounding of utilities along
San Fernando Road, and as part of the widening of San Fernando Road, all overhead utilities are being
removed. In conjunction with this conversion, all existing overhead services to businesses or hiPboards
that are affected will also be undergrounded.
The Municipal Improvement Act of 1911 provides that the costs and incidental expenses of a project be
assessed in proportion to the estimated "benefit" received by each of the lots or parcels of land within the
assessment district. The Act, however, does not provide a specific benefit formula, hence that
determination is made by the Assessment Engineer for consideration by the legislative body. The formula
used should be one that reflects benefit received by each parcel and results in the most equitable proration
of the costs to each of the lots or parcels within the assessment district.
^ Figures used to determine the cost of improvements were obtained from the engineer of work and reflect
estimated costs at the time of the preparation of the plans. The assessment engineer then reviewed the
estimated cots for completeness and eligibility under the 1911 Act proceedings.
In making the analysis, it as necessary to identify the benefits that the improvements rendered to the
properties within the boundaries of the Assessment District and to determine that the propenies receive a
direct and special benefit distinguished from that of the general public. It was determined that the
improvements were a specific and direct benefit to each property involved. For each business/billboard
that is converted, this benefit is in the visual and safety improvements received from the removal of all
overhead utility lines.
All costs relating to a specific onsite conversion plus the proportionate share of construction engineering
and assessment engineering costs will be covered 5011c by the City with the remaining 50% assessed to the
specific property.
In the case of a property with one owner but multiple connections, all connection fees will be totaled
together with one assessment placed on the property.
The underground improvements and subsequent assessments are further detailed in the ".Agreement with
Property Owner for Conversion of Overhead Facilities to Underground". See Exhibit "D" for a draft
sample. This report and agreement, along with the following statement regarding City policies concerning
contractual assessments, further details the method of collection of the assessments.
The City Manager of the City of Santa Clarita is hereby given as the City official authorized to enter into
contractual assessments on behalf of the City.
The maximum aggregate dollar amount of the assessments will be $18,975.
10/13/92
12
Any requests for additional conversion work will be denied as this project covers all possible work needed
to convert existing services.
The funds to convert the overhead utilities will be advanced from the City of Santa Clarita Community
Development budget and such conversion is an addendum to the existing San Fernando Road widening
project. There is no provision for a reserve fund. All assessments resulting from this District will be due
and payable by cashier's check within 30 days from the date of recording of the notice of the property
liens. If payment is not received by the City treasurer within such 30 day period, an interest charge of 5%
per annum compounded monthly based on the unpaid balance will accrue until such time as payment is
received. All fees for the financing, administration, and collection process are included in the original
assessment and have been apportioned.
For a breakdown of the individual connection assessments, see Exhibit "C".
10/13/92
13
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RESOLUTION OF INTENTION
The Resolution of Intention as heard on September 22, 1992 follows:
10/13/92
14
(ii) ldcr,"fication o` z Gty off,:iai autnonzcd tc ente::rite CC a:: "';Z
asscssmcnu on behalf of the City.
(iii) h maxi -num aggregate dollar amount of cont.Ta:tua1 assessments.
(ivr A method for setting requests from pro?: }' owners for ftr,anc.-g
through contractual assessments to pno^ty order in the event ""a' requests zDpra ::):c.v
to C%:tt the au,honzatior, amount.
(d) P. plan for raising a capital amount required to pay for u•orl: performed
pursuant to contractuJ assessments. The plan may include amounts to ire advanced by
the Ciry through funds available to it from any source. Tnc pian may ;nauoe :he e
of a bond or bonds or other financing relationship pursuant to Sr bon SE9R.ZE of the
hct. The plan shall include z statement of o,- method for det=rminmg the interest rat=
and me rr ict during which contracung prop -
;,y owners would pay any asscssmect.
-Inc plan shall provide for any reserve fund o- funds. i ne plan shall protide for the
aaporuonmcnt of all or any poruon of the costs incidental to financing, admintst-rauor,•
and coiiecuon o,` the con'actual assessment program among me conscnung prop riy
owners and the City.
SECTION 6. Notice is hereby given that on October, 13, 1992, at 7:00 p.m., in the
Ciry Council Chambers of the City at 23920 Valencia Boulevard, Santa Clarita, Caiifornia
9'.355, any and all persons having any obiwhe U tion to the Utility Undcrgrounding, to the
extent of
the Discic,, or both, may appear before the City Council and show cause why iry
Undergrounding should not be c.%rntd out in accordance. with this Resolution of Intention.
SECTION i. The City Clerk is hereby dire`ted to publish notix of the public h"ca,^g
once a we -i: for two (2) successive weeks in a newspaper pubBhOd at leas: on - a pub. i, :io.
at l.zst five (5) days intervening berwe~n the respxuve publication nates. The i t pubauon
S'-1211 o.ur at least twenty (20) days before the date.. of the hearing.
[SECTION 8. Tnc City Clerk, widdri tzn (10) days of the adoption of this Resolution,
sh21 mail a copy hereof together witn a copy at the notice to be pubushcd to ra"h prop r}'
owm= within the Disaict, as such z:e shown on the last ectusse
liz� assment roil, 2hd IO nc
afixted utilities.]
SECTION 9.
p��,-.y j. Ki--ich whose telephone ;)'_—D`_7 ':s
cwt 'CTIOI' is designated by the Ciry Council to 7saver ineu: its regarding he
hear-.nz Droc-ndures to: the ResoluuOn of Int`^radon a'id to answer 1nOt:^.eS felaIIve :A any beta -+n_
Or
SECTION 10. rU public agency prop r shall be o„titter from asscssmcnt in hese
o-o:i^.gS exce= isesso_ �ce_s o.ne^� =s n�eies County =a^=? r_a_.on
. -.
2e3`--r..=—a.s
233 B C 3
SECTION 11. The City Clerk shd; cerufv srte adoption of tht<- Resolution.
PASSED, APPROVED A^'D ADOP D by the City Council of the Ctsy Of San:a
1992.
C,, Zn Caitfo.nia at a regular meeting held or, the 5th day of September,
CITY OF SAN—IA CLAR:T. P.. CALIFOR.'t'IA
n -
MAY0V1
A, : 71T:
n
r�
CiT1"CLEF.}: 0 ,
I HEP.EBY CEP.TIFY that the foregoing Resolution was day adopter by the City
Council of the City of Santa Clarity at a rgular meting the=", held on the Eth day of
September, 1992, by th_ follov✓ing vote of the City Council:
AYES: COUNCILMEMBERS
Bove Da_cy, Heid-, Pe5e_s0n F.ujic
NOES: COU1r'CLT1vf._.MBERS true
ABSE NT: COUNCIL MEMByRS None
/
(n=
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Citv of Santa Clarity
EXHIBIT "A"
DIAGRAM
The Diagram is included herein in reduced form.
r
City of Santa Clarita
EXHIBIT "B"
LEGAL DESCRIPTION
Reference is made to the legal description being too bulky in forni, to be included in this document. Such
information is on file with the City of Santa Clarita.
Cily of Santa
Clarita
EXHIBIT "C"
^
REPORT OF ENGINEER
FOR
CITY OF SANTA CLARITA
SAN FERNANDO ROAD
UNDERGROUND UTILITY
DISTRICT NO. 92-3
ASSESSMENT ROLL
Assessment
Preliminary
Confirmed
Number
Owners Name and Address
Assessment
Assessment
2859-001-034
Hi -Chic Restaurant
$ 3,325.00
$
3,325.00
25359 San Fernando Road
2834-001-802
LA County Transportation Commission
$ 3,912.50
$
3,912.50
2836-004-815
LA County Transportation Commission
$ 3,912.50
$
3,912.50
2836-004-802
LA County Transportation Commission
$ 3,912.50
$
3,912.50
2836-004-803
LA County Transportation Commission
$ 3,912.50
$
3,912.50
Civ of Santa Clarita
EXHIBIT "D"
CONTRACTUAL AGREEMENT
A copy of the Contractual Agreement is included herein in draft form.
BURKE, WILLIAMS & SORENSEN
DRAFT NO. 4, OCTOBER 8, 1992
FOR DISCUSSION PURPOSES ONLY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Santa Clarita
c/o Carl K. Newton, City Attorney
23920 Valencia Boulevard, Suite 300
Santa Clarita, California 91355
AGREEMENT WITH PROPERTY OWNER FOR CONVERSION OF
OVERHEAD FACILITIES TO UNDERGROUND
THIS AGREEMENT is made this day of October, 1992 by and between
("OWNER") and CITY OF SANTA CLARITA, a general law city and
municipal corporation duly organized and existing under the laws of the State of California
("CITY").
WITNESSETH:
WHEREAS, CITY desires to convert overhead utility facilities to underground utility
facilities within a certain area subject to its jurisdiction, more particularly described as a
portion of San Fernando Road between Magic Mountain Parkway and Lyons Avenue
("DISTRICT"), as shown on the map of the DISTRICT in Exhibit "A" attached hereto and
incorporated herein by reference.
3
WHEREAS, CITY will proceed to accomplish this conversion under the Improvement
Act of 1911 (commencing with Section 5000, Division 7, Chapter 1, of the California Streets
and Highways Code) ("ACT").
WHEREAS, CITY has requested
overhead facilities pursuant to
Exhibit "B".
("UTILITY") to convert UTILITY's
a current copy of which is attached as
WHEREAS, OWNER is the owner of certain real property more particularly
described on Exhibit "C" attached hereto and incorporated herein by reference
("PROPERTY").
NOW, THEREFORE, the parties hereby agree as follows:
1. Proceedingg. Prior to the commencement of any work:
a. OWNER, currently served by the overhead facilities to be replaced in
the DISTRICT, agrees to pay $
("ASSESSMENT")
as his/her share of the costs of, and to provide and transfer ownership
to UTILITY of, the underground supporting structure within involved
public ways and other utility rights-of-way ("PROJECT"). The
ASSESSMENT shall be due and payable to the City Treasurer by
cashier's check within thirty (30) days from the date of recording the
Notice of the ASSESSMENT. If payment is not received within such
thirty (30) day period, the ASSESSMENT shall thereafter accrue an
interest charge of five percent (5%) per annum compounded monthly; and
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b. OWNER shall execute a Deed of Trust against the PROPERTY, said
deed to be recorded in favor of CITY for an amount which represents
OWNER's share of the costs of the PROJECT. When construction of
the PROJECT is complete, that system has been accepted by utility,
and all sums owed by and due from OWNER have been paid, CITY
shall reconvey the Deed of Trust to OWNER; and
C. The ASSESSMENT and the interest thereon shall constitute a lien
against the Property until it is paid pursuant to Section 5898.30 of the
ACT; and
d. OWNER agrees to provide and maintain the underground supporting
structure on his/her property and not within involved public ways and
other utility rights-of-way; and
e. CITY shall arrange for the concurrent removal of all other aerial
distribution facilities in the DISTRICT; and
f. CITY shall do all things under the ACT and other laws required to
establish the validity of this Agreement and CITY's authority and
ability to perform it.
2. Right of Entry. Concurrently herewith, OWNER has executed an agreement
entitled "Permission to Enter and Authorization to Perform Work" by which OWNER
consents to entry by CITY, UTILITY and their employees, agents, and subcontractors for
the purpose of completing the PROJECT. By such consent OWNER agrees to take all steps
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a
necessary to prevent any delay or interference by any tenant or other persons with the
PROJECT authorized by this Agreement.
3. Work to be Performed. CITY shall install, or cause to be installed, the
underground supporting structure necessary for UTILITY's facilities being undergrounded.
CITY shall furnish and supply plans and specifications for each installation. CITY shall give
UTILITY seventy-two (72) hours prior notice of the commencement of such installation
work. However, there shall be no contractual relationship between UTILITY and any of
CITY's contractors.
4. Notice of Completion Transfer of Title Installation of Cable. When the
construction of the PROJECT is completed and that system has been accepted by UTILITY
and confirmed by CITY, CITY shall give UTILITY a written Notice of Completion of that
structure, and CITY shall file said Notice with the Los Angeles County Recorder.
Thereupon, title to the underground supporting structure within involved public ways and
other utility rights-of-way shall vest in UTILITY, shall constitute a part of UTILITY's
communication system, and shall thereafter be used, operated and maintained by UTILITY as
part of its system. CITY will affirm such vesting by a bill of sale. Within ten (10) business
days of the recording of the Notice, UTILITY shall commence installation of the cable and
will substantially complete such installation and removal of the overhead facilities within one
hundred eighty (180) calendar days of the recording of that Notice, excluding delays caused
by shortages of labor or materials, strikes, labor disturbances, wars, riots, weather
conditions, government rule, regulation or order, or any other cause or condition beyond
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UTILITY's reasonable control. UTILITY shall coordinate its work with that work to be
done by CITY's general contractor.
5. Abandonment. This Agreement is subject to CITY's power to abandon the
proceedings at any time prior to the effective date of this Agreement. Except for the
furnishings of the plans, UTILITY need not perform the PROJECT before the effective date
of this Agreement. Should the proceedings be partially or wholly abandoned at any time,
CITY shall reimburse UTILITY for its costs of preparing plans and specifications for the
abandoned installation.
6. Effective Date. The effective date shall be the date the work is lawfully
ordered by CITY under the ACT. This Agreement shall be null and void if the effective
date does not occur prior to 1993.
7. Modification by the Commission. This Agreement shall at all times be subject
to such changes or modifications as the California Public Utilities Commission may direct in
the exercise of its jurisdiction upon the written approval of the parties hereto.
8. Notices. Any notice hereunder shall be deemed to have been given if and
when sent by registered or certified mail, return receipt requested, as follows:
a. To OWNER, addressed to:
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b. To CITY OF SANTA CLARITA, addressed to:
CITY OF SANTA CLARITA
CITY CLERK
23920 VALENCIA BOULEVARD, SUITE 300
SANTA CLARITA, CA 91355
9. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon each of the parties and their successors and assigns.
OWNER
[SEAL]
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CITY OF SANTA CLARITA,
CALIFORNIA
By_
Its
ATTEST:
CITY CLERK
APPROVED AS TO FORM:
CARL K. NEWTON, CITY ATTORNEY