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Home My WebLink About1994-03-08 - RESOLUTIONS - UTILITY UNDERGROUND DIST 94-1 (2)RESOLUTION NO. 94.24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, APPROVING THE FINAL ENGINEER'S REPORT FOR ITS SAN FERNANDO ROAD UTILITY UNDERGROUND DISTRICT NO. 94.1 AND CONFIRMING 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 incorporaU,4d herein by reference; and WHEREAS, the City Council, as further authorized by!ssa:hia Clarita Municipal Code Section 13.32.060, previously adopted Resolution No. 90-159 on Sepic;G4,,er 25, 1990, finding that the public necessity, health, safety, or welfare required and Utility Un<t jrgrvunding and, therefore, established Its San Fernando Road Underground Utility District No. I (et«e "Prior District"); and WHEREAS, following adoption of Resolution No. 90-114), the City mailed to each utility and to each property owner In the Prior District notice of th<- tl'ellKy Undergrounding as required by Santa Clarita Municipal Code Sections 13.32.070 and 13.:;a>rA; and WHEREAS, the City Council has determined that the pubile Interest and convenience require the Incorporation of these Prior District proceedings Into new proceedings for the creation of its San Fernando Road Utility Underground District No. 94-1 of the City of Santa Clarlta (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 January 11, 1994, adopted Its Resolution of Intention No. 94-5 for the construction of Improvements and the levy of contractual assessments 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 "Engineering's Report") has been presented to, and considered by, the City Council; and WHEREAS, the City Council has considered the Engineer's Report and has made modifications to Include additional City contributions and reduced assessments; 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 on -half (1/2) of the total value of the parcels proposed to be assessed; and WHEREAS, at a duly noticed public hearing held on March 8, 1994, the City Council did not receive protests from owners of any land proposed to be assessed; Resolution No. 94-24 March 8, 1994 - Page 2 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 Clarlta Municipal Code Chapter 13.32. the city Council has further determined 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 (1/2) of the total value of the parcels proposed to be assessed. 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 as modified 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 as modified 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 as modified. 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 therefore. SECTION 11. Following execution of any and all contracts between the District and property owners, the City Clerk shall execute and record a Notice of Assessment In the office of the Los Angeles County Recorder. SECTION 12. Following such recordation, the City Clerk shall published 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. Resolution No. 94.24 March 8, 1994 - Page 3 SECTION 13. The Mayor, the City Clerk, the City Engineer, and their designees are hereby authorized and directed to take all actions and do all things necessary or desirable hereunder and under the Act with respect to the formation of the District, including, but not limited to, the execution and delivery of any and all agreements, certificates, Instruments and other documents, which they, or any of them, deem necessary or desirable and not Inconsistent with the purposes hereof. SECTION 14. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 8th day of March 1994. i 4-a;®r:i� ATTEST: �i y Clerk 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 8th day of March 1994 by the following vote of Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: BM:CLN:hds Boyer, Darcy; Heidt, Klajic, Pederson None None Clerk