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HomeMy WebLinkAbout2002-06-25 - RESOLUTIONS - SOLEDAD UNDERGROUND UTILITY (2)RESOLUTION NO. 02-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, DECLARING ITS INTENTION TO CREATE A SOLEDAD CANYON ROAD UNDERGROUND UTILITY DISTRICT NO. 2002-01, 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 a resolution initiating proceedings pursuant to the Improvement Act of 1911 commencing with Section 5000, Division 7, Chapter 1, of the California Streets and Highways Code (the "Act"), for the formation of an underground utility district 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 the distribution and transmission of electricity, communication, or similar associated service (the "Utility Undergrounding") on a portion of Soledad Canyon Road between Camp Plenty Road and Sierra Highway, more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. NOW, THEREFORE, the City Council of the City of Santa Clarita, State of California does hereby resolve, determine, and find 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 Streets and Highways Code, Division 7, Chapter 1, commencing with 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. The City Council has further determined to make contractual agreements available to property owners within the District as authorized by Section 5898.20 through 5898.32 of the Act to allow the undergrounding of their overhead utilities. 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 6 hereof. Funding for the undergrounding of all overhead utilities and appurtenant facilities will be covered by the City's Rule 20A funds with all work performed by each individual utility, which services that particular structure or property. SECTION 4. The area to be benefited by the Utility Undergrounding and to be known as Soledad Canyon Road Underground Utility District No. 2002-01 (the "District") 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 is hereby made to that map and exhibit for a full and complete description of the proposed District, and Exhibit "A" shall govern all details as to the extent of the boundaries of the District. Resolution No. 02-104 Page 2 SECTION 5. The City has designated MuniFinancial as the Engineer of Work for all work necessary for the preparation of the District. SECTION 6. 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 the utilities are to be undergrounded. 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. (i) 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. SECTION 7. Pursuant to Chapter 3, Section 5132 of the Streets and Highways Code, notice is hereby given that on August 27, 2002, at 6:00 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, 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. SECTION 8. 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 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 9. At least forty-five (45) days prior to. August 27, 2002, the City Clerk shall mail 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. Resolution No. 02-104 Page 3 - SECTION 10. The Department of Transportation & Engineering Services, whose telephone number is (661) 259-2489, is designated by the City Council as the department to answer questions regarding the hearing procedures for the Resolution of Intention and to answer inquiries relative to any hearing or proceeding. SECTION 11. The City Clerk shall certify the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 25th day of June, 2002. ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do 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 25th day of June, 2002, by the following vote: AYES: COUNCILMEMBERS: Smyth, Weste, McLean, Kellar, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None 6R 00-t'� CITY CLERK JR:lkl eoumcil\ s400l—Unde=gmunding.doc 2