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HomeMy WebLinkAbout1993-08-24 - AGENDA REPORTS - UNDERGROUND UTILITY RESO 93 1 (2)AGENDA REPORT tyMana p oval Item to be presented by:� `�A%� f& CONSENT CALENDAR Anthony J. Nisict'� DATE: August 24, 1993 SUBJECT: SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 RESOLUTION NO. 93-117 DEPARTMENT: COMMUNITY DEVELOPMENT BACKGROUND In the fall of 1990, San Fernando Road Underground Utility District was formed to remove all overhead utilities along San Fernando Road from Lyons Avenue northerly to a point 300 feet north of Magic Mountain Parkway. This project coincided with the widening of San Fernando Road. Along with the Utility District, an assessment district was to be formed to assist In implementing and funding the on-site conversion to underground service of any overhead utility service to existing buildings. All off-site utility work, street utility poles and lines, is funded through the Edison Company's Rule 20A program. Since that time, the road construction has been separated Into phases with Phase III and IV, Drayton Street to Placerita Creek Bridge nearing completion. At this time Phase I, Lyons Avenue to Placerita Creek Is awaiting final design of Newhall Creek Bridge before it can go out to bid, Phase 11 and V have currently completed its design and are being combined and will be under construction in late 1993. This proposed assessment district will cover Phases II and V, and will be formed using the 1911 Act of the California Streets and Highways Code to create a contractual assessment program In which the property owner consents and contracts with the City to perform the utility work. The City will contribute 50% ($28,750) of the cost of on-site work from Account No. 25-96037-227 (see Agenda dated September 25,1990 attached) and the remainder will be assessed and paid by the property owner. Further steps will Include contracts with property owners and a public Information meeting and public hearing. RECOMMENDATION That the City Council approve Resolution No. 93-117, declaring its intention to order creation of Its Underground Utility Assessment District No. 93-1, preliminarily approving the Engineer's Report and setting a public Information meeting and public hearing. ATTACHMENTS Resolution No. 93-117 Preliminary Engineer's Report — in Reading File in the City Clerk's office. September 25, 1990 Agenda — in Reading File in the City Clerk's office. BM:IkI eoux;A,0_„7.bm Adopted:palm `-- a— Agenda Item: RESOLUTION NO. 93-117 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO CREATE ITS SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO. 93-1, ORDERING PREPARATION OF A REPORT AND CALLING FOR A PUBLIC MEETING AND A PUBLIC HEARING 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, the 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. 93-1 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. 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 Informing an assessment district pursuant to the Act and to Incorporate therein the Prior District proceedings completed pursuant to Santa Clarita Municipal Code Chapter 13.22. 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 Resolution No. 93-117 Page 2 City authorizing the Utility Undergrounding, the form of such contract to be contained In the Engineer's Report prepared pursuant to Section 5 hereof. 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 area to be benefited by the Utility Undergrounding and to be assessed to pay the costs and expenses thereof and to be known as San Fernando Road Underground Utility District No. 93.1 of the City of Santa Clarlta shall be that part of the District having exterior boundaries as shown on Exhibit "A", which map is on file in the office of the City Clerk. Reference hereby Is made to that map and exhibit for a full and complete description of the proposed assessment district, and Exhibit "A" shall govern all details as to the extent of the boundaries of the District. SECTION 5. The Engineer of Work shall furnish to the City Council a report in writing pursuant to Section 5898.22 of the Act, presenting the following: (a) A map showing the boundaries of the territory within which contractual assessments are proposed to be offered; (b) 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; (c) A statement of City policies concerning contractual assessments Including all of the following: (1) Identification of the Utility Undergrounding to be financed through the use of contractual assessments; (ii) Identification of a City official authorized to enter Into contractual assessments on behalf of the City; (iii) A maximum aggregate dollar amount of contractual assessments; and (iv) 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. (d) A plan for raising a capital amount required to pay forwork performed pursuant to contractual assessments. The plan may Include amounts to be advanced by the City through funds available to it from any source. The plan may include the sale of a bond or bonds or other financing relationship pursuant to Section 5898.28 of the Act. The plan shall Include a statement of or method for determining the Interest rate and time period during which contracting property owners would pay any assessment. The plan shall provide for any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of the costs incidental to financing, administration, and collection of the contractual assessment program among the consenting property owners and the City. SECTION 6. Notice is hereby given that on October 12, 1993, at 7:00 p.m., in the City Council Chambers of the City at 23920 Valencia Boulevard, Santa Clarita, California 91355, any and all persons having any objection to the Utility Undergrounding, to the extent of the District, or both, Resolution No. 93.117 Page 3 may appear before the City Council and show cause why the Utility Undergrounding should not be carried out in accordance with this Resolution of Intention. Notice Is also hereby given that the additional public meeting required by the Government Code Section 54954.6 shall be held September 28, 1993. SECTION 7. The City Clerk Is hereby directed to publish notice of the public hearing once a week for two (2) successive weeks in a newspaper published at least once a week, with at least five (5) days intervening between the respective publication dates. The first publication shall occur at least.twenty (20) days before the date of the hearing. SECTION 8. At least forty-five (45) days prior to October 12,1993, the City Clerk shall mall notice of the public hearing to each property owner within the District, as such are shown on the last equalized assessment roll, and to the affected utilities. The notice, In the form required by Government Code Section 54954.6(c)(2), shall be mailed, postage prepaid, In the United States mail and shall be deemed given when deposited. The envelope or cover of the mailing shall Include the name and return address of the City. SECTION 9. Roubik Mardirosian whose telephone number is (805) 286-4142, Is designated by the City Council to answer Inquiries regarding the hearing procedures for the Resolution of Intention and to answer Inquiries relative to any hearing or proceedings. SECTION 10. All public agency property shall be omitted from assessment in these proceedings unless expressly provided and listed here. SECTION 11. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this day of 1993. Mayor ATTEST: City Clerk Resolution No. 93-117 Page 4 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, Donna M. Grindey, City Clerk, DO HEREBY CERTIFY that the above and foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at a regular meeting thereof, held on the day of , 1993 by the following vote of Council: AYES: COUNCILMEMBERS: NOES. COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: City Clerk coumlAme-117.bn �i -OF SANTA CLARITA- SAN FERNANDO ROAD UNDERGROUND UTILITY DISTRICT NO.' 93-1 EXHIBIT "A" CITY REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD JROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 Janice H. Heldt Mayor George Pederson Mayor Pro -Tem Councilmembers Carl Boyer Jill KlaJic JoAnne Darcy George A. Caravalho - City Manager Kenneth Pulskamp - Assistant City Manager Donna M. Grindey, C.M.C. - City Clerk Lynn M. Harris - Director of Community Development/Deputy City Manager Anthony J. Nlsich - City Engineer Jeffrey C. Kolln - Director of Public Works/Deputy City Manager Rick Putnam - Director of Parks, Recreation and Community Services Professional Services Burke, Williams, Sorensen & Garr - Special Counsel Willdan Associates - Assessment Engineer Agen�'a Item - f ♦ 9 REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 TABLE OF CONTENTS Paqe 1-3 INTRODUCTION 4 Preliminary Approval 5 Certification 6 PLANS AND SPECIFICATIONS 7 DESCRIPTION/BOUNDARIES-OF WORK . B-10 COST ESTIMATES 11 ASSESSMENT DIAGRAM 12-13 METHOD OF ASSESSMENT 14 RESOLUTION OF INTENTION ATTACHMENTS Exhibit "A" - Diagram Exhibit "B" - Legal Description Exhibit "C!'- Assessment Roll Exhibit"D" - Draft Contract REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 WHEREAS, on the 24th day of August, 1993, the City Council of the City of Santa Clarlta (the "City'l did, pursuant tothe provisions of the Municipal Improvement Act of 1911, commencing with Section 5000, Division 7, Chapter 1 of the Streets and Highways Code of the State of California (the "Act'l as amended and incorporating prior District proceedings completed pursuant to Santa Clarita Municipal Code Chapter 13.22, adopt its Resolution of Intention No. 93-117, for the financing and construction of certain public Improvements, together with appurtenances and appurtenantwork in connection therewith, In a special assessment district known and designated as: SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 (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. concerning 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: ■ Plans and Specifications; A General description otboundaries of work, appliances, rights-of-way, and otherproperty Interests, if any, to be acquired; ■ Cost Estimate; ■ Assessment- Boundary/Dlagram (the "Diagram") showing the District and the subdivisions of land contained therein; ■ 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; ■ 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. (1) 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. ■ 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, I, Richard Kopecky, authorized representative of Wllldan Associates, pursuant to the provisions of the Act, do herein submit the following: II. DESCRIPTION OF SERVICES ■ Improvements to be provided within the District are generally described as follows: - Conversion of all existing overhead utility services to underground service. ■ 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. ■ 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 passage of the Resolution of Intention. Each parcel of land has been given a separate number on the Diagram and In the Assessment Roll. ■ The legal description Is Included as Exhibit "B". ■ The subdivisions and parcels of land and their numbers shown on the Diagram correspond with the numbers appearing on the Assessment Roil, attached as Exhibit ..C.. ■ The details of the draft contract are Included herein as Exhibit "D". ■ The current total true value of land and Improvements on the parcels listed in Exhibit "C" based on 1993 assessor Information Is $514,476.00 ■ The parcels and assessments Included herein do not Include any prior unpaid special assessments. ■ By virtue of authority contained in the Act, and by further direction and order of the City Council, l 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. •2• ■ The statement of City policies regarding contractual assessment Is Included In the method of assessment. SUMMARY COST ESTIMATE See Page 8, 9, and 10) Item Description Cost of Construction Incidental Costs Subtotal City Contribution (50%) Amount to Assessment Amount as Preliminary Changed Amount and Modified $37,950 19.550 $57,500 28.750 $28,750 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. WILLDAN ASSOCIATES Richard Kopecky Engineer of Work City of Santa Clarita -3- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 PRELIMINARY APPROVAL Preliminary approval by the City Council of the City of Santa Clarita on the day of 1199 Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita FINAI APPROVAL Final approval by the City Council of .the City of Santa Clarita on the day of 199 Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita -4- CERTIFICATIONS 1, Donna M. Grindey, as City Clerk, do hereby certify that the foregoing assessment, together.with the diagram attached thereto, was filed in my office on the day of 199 By: Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita State of California I, Donna M. 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 day of 199 By: Donna M. Grindey, C.M.C., City Clerk City of Santa Clarita State of California I, Anthony J. Nisich, 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 thereto, was recorded In my office on the day of '199 By: Anthony J. Nisich, City Engineer City of Santa Clarlta State of California -5- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD 1ROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 111. PLANS AND SPECIFICATIONS The plans and specifications for the Improvements for this .Assessment District are voluminous and are not bound in this report but by this reference are Incorporated as if attached to and made a part of this Report. The plans and specifications titled "Underground Private Utilities in San Fernando Road," are on file In the office of the City Engineer where they are available for Inspection. -6- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT, DISTRICT NO. 93-1 IV. DESCRIPTION/BOUNDARIES 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 north to 300 feet north of Magic Mountain Parkway Including the intersection of San Fernando Road and Magic Mountain Parkway. 25859 San Fernando Road 25861 San Fernando Road 25885 San Fernando Road 25865 San Fernando Road 23228 San Fernando Road 23250 San Fernando Road Two billboards within the railroad right-of-way on the east side of San Fernando Road, and one billboard on the west side of San Fernando Road. -7- V REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 COST ESTIMATES - ACQUISITION WORKS OF IMPROVEMENT PUBLIC WORKS OF IMPROVEMENT Preliminary Amount as Estimated Unit Construction Changed Item Description Quantity Price Amount and Modified 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: 25859 San Fernando Road 1 $4,000 $4,000 25861 San Fernando Road 1 4,000 4,000 25885 San Fernando Road 1 4,000 4,000 25865 San Fernando Road 1 4,000 4,000 23228 San Fernando Road 1 4,000 4,000 23250 San Fernando Road 1 4,000 4,000 Billboard 3 3,000 $ 9,000 Subtotal $33,000 15% Contingency 4,250 TOTAL $37,950 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. •6- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93.1 COST ESTIMATES GENERAUPROJECT INCIDENTAL EXPENSES Amount as Changed and Modified Preliminary Item Description Amount Assessment Engineering $8,000.00 - Utility 0.00 - Engineers Report 0.00 -- Mailing, Posting, Recording 0.00 - Plans and Specifications 0.00 Design Engineering 9,000.00 Construction Administration (City) $ 5,000.00 Subtotal $17,000.00 15% Contingency 2,550.00 TOTAL $19,550.00 Amount as Changed and Modified REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 COST ESTIMATES SUMMARY OF COSTS AND AMOUNT TO ASSESSMENT Amount as Preliminary Changed Item Description Amount and Modified Construction Total $37,950 Incidentals $19,550 Subtotal Incidentals/Constructlon $57,500 City Contribution (50%) $28,750 Amount to Assessment $28,750 -10- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 ASSESSMENT DIAGRAM The Assessment Diagram is shown In a reduced scale format as Exhibit "A". -11- REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 METHOD OF ASSESSMENT In finding that the public necessity, health, safety or welfare require the undergrounding 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 billboards 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 costs for completeness and eligibility under the 1911 Act proceedings. In making the analysis, it is necessary to Identify the benefits that the Improvements rendered to the properties within the boundaries of the Assessment District and to determine that the properties 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 500/6 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 $28,750. .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". -13- RESOLUTION OF INTENTION The Resolution of Intention as heard on August 24, 1993 follows: -14- EXHIBIT W DIAGRAM The Diagram is Included herein In reduced form. -15- CITY OF SANTA CLARITA­ un 11 IV > C) %�S> V) Ica 3 m SAN FERNANDO ROAD m > 0 _z UNDERGROUND o UTILITY DISTRICT NO. 93-1 qd EXHIBIT 'B" LEGAL DESCRIPTION Reference is made to the legal description being too bulky In forth to be Included in this document. Such Information Is on file with the City of Santa Clarita. -16- EXHIBIT "C" REPORT OF ENGINEER FOR CITY OF SANTA CLARITA SAN FERNANDO ROAD UNDERGROUND UTILITY ASSESSMENT DISTRICT NO. 93-1 ASSESSMENT ROLL Assessment Number Owners Name and Address 2861-003-002 Henry Arklin 2861-003-001 Henry Arklin (1 Billboard) 2836-004-820 Metropolitan Transit Authority 2836-004.903 Metropolitan Transit Authority (2 Billboards) TOTAL .17. Preliminary Confirmed Assessment Assessment $10,454.51 10,454.51 2,613.65 $ 5,227.33 $28,750.00 coundIV"3.117.dm EXHIBIT "D" CONTRACTUAL AGREEMENT A copy of the Contractual Agreement Is included herein in draft form. .18. 18807.2 BURKE, WILLIAMS & SORENSEN DRAFT NO. 3, SEPTEMBER 29, 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 WrrH PROPERTY OWNER FOR CONVERSION OF OVERHEAD FACILITIES TO UNDERGROUND TRIS AGREEMENT is made this day of . 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. r 1601.2 WHEREAS, CITY will proceed to accomplish this conversion under the Improvement Act of 1911 (commencing with Section 5000, Division T, Chapter 1, of the California Streets and Highways Code) ("ACT"). WHEREAS, CITY has requested ("UTILITY") to convert UTILITY's overhead facilities pursuant to , a current copy of which is attached as Exhibit "B". NOW, THEREFORE, the parties hereby agree as follows: r 1. Proceedines. Prior to the commencement of any work: a. OWNER, currently served by the overhead facilities to be replaced in the DISTRICT, agrees to pay $ 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 ("PROIECT"); and b. OWNER shall execute a Deed of Trust, 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. r 11e,.2 1 C. 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 d. CITY shall arrange for the concurrent removal of all other aerial distribution facilities in. the DISTRICT; and e. 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. RiLht of Entrv, 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 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. J -3- 1 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 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. isms -4- w I 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 shalt 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: b. To CITY OF SANTA CLARITA, addressed to: CITY OF SANTA CLARITA CITY CLERK 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CA 91355 tao�a -5- lama 9. SuC ssors and Assigne. This Agreement shall inure to the benefit of and be binding upon each of'the parties and their successors and assigns. [SEAL] r CITY. OF SANTA CLARITA, CALIFORNIA By Its ATTEST: CITY CLERK APPROVED.AS TO FORM: CARL K. NEWTON, CITY ATTORNEY ArENDA REPORT City Manager Approval Item to be presented by: PUBLIC =A219C Inhn R. Medina / DATE: September 25, 1990 4 SUBJECT: SAN FERNANDON RO UNDERGROUND.UTILITY DISTRICT DO. 1 Resolution No. -159 DEPARTMENT: Public Works The widening of San Fernando Road between. Magic Mountain Parkway and Lyons Avenue is scheduled to begin construction in 1991. It is appropriate that the existing overhead utilities in that area be relocated underground through the formation of an underground utility district. The City has established procedures for the creation of underground utility districts in Chapter 13.32, Division 2 of the City's Municipal Code. The Code providaa that after a public hearing, the City.. Council may determine that the project meets the established criteria for an underground district, and adopt a resolution establishing the district. At ice August 14, 1990 meeting, the City. C iteell set September 25, 1990 -for a public hearing and authorized staff to proceed with the procedures necessary for the formation of the proposed underground utility district. The attached Engineer's Report mete forth the limits of tha district, enumerates the costs to the utilities and to the private property owners and funding alternatives for. the costa to private property owners. It also discusses the time frames required for the completion of the undergrounding work. The report defines the precles boundaries for the district and provide* for exemptions for specific utility crossings. It should be noted that establishing this district will encumber the City's current balance of Rule 20-A funds as well as its entitlement for the next four years. 1. After the public hearing, the City Council determine that the project meets the criteria for the establishment of an underground utility district; adopc the attached Resolution 90-159 establishing the San Fernando Read Underground Utility District No. 1; and authorize staff to proceed with,,.its implementation. �-- 2. The City Council establish a policy whereby the City will pay up to 50% of the coat to private property owners, and direct the staff to establish procedures for the City to contract for the work unless otherwise requested by the property owners. Agenda Item; r San Fernando Road Underaro=d 'Utility District No. 1 September 25, 1990 ?age 2 3. Allow the repayment of the remaining costs to the private property owners to be made to the City in annual installments over a period not to ereeed three years, and that a lien be assessed to ,those properties that have not repaid these costs at the end of that three year period. MACMENTS Ensineer's Report District Legal Description List of Affected Property Owners Resolution Po. -90-259 Ice 0