The URL can be used to link to this page

Home My WebLink About1994-01-11 - RESOLUTIONS - UTILITY UNDERGROUND DIST #94-1 (2)RESOLUTION NO. 945 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA DECLARING ITS INTENTION TO CREATE ITiS SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94-1, ORDERING PREPARATION OF A REPORT AND CALLING FOR A PUBLIC MEETING AND A PUBLIC HEARING WHEREAS, the City Cou�4vyll (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. 90.14s 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'l 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 Utility 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 13.32.090; and WHEREAS, the City council has determined that the public Interest and convenience require the Incorporation of these Prior District proceedings Into now proceedings for the creation of Its San Fernando Road Utility Underground District No. 941 of the City of Santa Clarita (the "District'j, 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 Underground, 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 In forming an assessment district pursuant to the Act and to Incorporate therein the Prior District proceedings completed pursuant to Santa Clarks 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 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 fres 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. RESOLUTION NO. 94-5 Page 2 - January 11, 1994 C SECTION 4. The areas to be benefhted by the Utility Undergrounding and to be assessed to pay the costs of expenses thereof and to be known as San Fernando Road Utility Underground District No. 94-1 of the City of Santa Clarita 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 terns 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; (111) 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 for work 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 March 8, 1994, at 7 p.m., in the William S. Hart School District at 21515 Redvlew Drive, Santa Clarita, California 91350, Administration Building Board Room, any and all persons having any objection to the Utility Undergrounding, to the extent of the District or both, 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 February 22, 1994. RESOLUTION NO. 94.5 ^' Page 3 - January 11, 1994 i. 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 march 8, 1994, 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. Carlos de Leon, whose telephone number (805) 286-4143, Is designated by the City Council to answer Inquiries regarding the hearing procedures for the Resolution of Intention and to answer Injuries relative to any hearing or proceedings. SECTION 10. All public agency property shall be omitted from assessments In these proceedings unless expressly provided and listed here. SECTION 11. The City Clark shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 11th day of January, 1994 yor ATTEST: l� Clerk RESOLUTION NO. 94-5 January 11, 1994 M. STATE OF CALIFORNIA - ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) 1, 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 11th _day of January .1994 by the following vote of Council: AYES: COUNCILMEMBERS: Boyer, Darcy, Heidt, Plajic, Pederson NOES: COUNCILMEMBERS: tie ABSENT: COUNCILMEMBERS: None , G Clerk SES:dIs r W&a