CC RES 1995-005RESOLUTION NO. 95- 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DECLARING ITS
INTENTION TO ORDER IMPROVEMENTS FOR PROPOSED
SILVER SPUR UNDERGROUNDING ASSESSMENT
DISTRICT
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council, by its Resolution No.
95 -04, determined that the public interest, necessity and
convenience requires and ordered the removal of poles, overhead
wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication, or similar associated service within an area
designated as the "Silver Spur Undergrounding District" (the
"Undergrounding District ").
Section 2. In conjunction with the undergrounding of
structures and facilities in the Undergrounding District, if a
property owner within the Undergrounding District desires to
continue to receive electric, communication or other similar or
associated service, improvements must be made on his or her
property. Such improvements include the construction,
reconstruction, relocation or conversion of electric and
communication facilities located on the property, including
connections to the owner's premises.
Section 3. Pursuant to the Municipal Improvement Act
of 1913, Division 12 of the California Streets and Highways Code,
commencing with Section 10000 (the "Act ") , such improvements may
be constructed by the City, the public utility or the contractor
performing the conversion work, and the costs of the improvements
may be included in an assessment to be levied upon the property;
provided, that the property owner shall execute a written request
therefor and file the same with the City Clerk. Any such request
shall expressly authorize the City, the public utility or the
contractor and their respective officers, agents and employees to
enter upon the property for such purpose and shall waive any
right of protest or objection in respect of the doing of the work
and the inclusion of the cost of the work in an assessment.
Section 4. The City Council, in its Resolution No. 95-
04, has determined that the affected public utilities have
voluntarily agreed to pay the costs of undergrounding electric
and communication facilities in the Undergrounding District,
excluding the cost of users' connections to the underground
facilities.
Section 5. The City
public interest, necessity and
declares its intention to order
950120 R6876 -00001 rdw 1101036 2
Council hereby (i) finds that the
convenience require and (ii)
the construction, reconstruction,
relocation or conversion of electric and communication facilities
located on private property, including connections to the owner's
premises, within the Undergrounding District (the
"Improvements ").
Section 6. The district of land to be benefitted by
the improvements and to be specially assessed to pay the costs
and expenses of such improvements, including incidental expenses,
shall be referred to as the "Silver Spur Undergrounding
Assessment District" (the "Assessment District ").
Section 7. For a full and complete description of the
exterior boundaries of the proposed Assessment District, refer-
ence is hereby made to a map of the exterior boundaries of such
real property labeled "Exhibit /Attachment A, Silver Spur
Undergrounding District," which map is on file in the office of
the City Clerk and open to public inspection. The office of the
City Clerk is located at 30940 Hawthorne Boulevard, Rancho Palos
Verdes, California 90274,
Section 8. The City Council hereby declares its inten-
tion to comply with the requirements of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931,
Division 4 of the California Streets and Highways Code (the 111931
Act ") by proceeding under Part 7.5 of the 1931 Act.
Section 9. The proposed Improvements are hereby refer-
red to the Engineer to make and file with the City Clerk a report
in writing in accordance with Section 10204 of the Act, which
report shall also contain all of the information required by
Section 2961 of the 1931 Act.
Section 10. The City Council hereby determines that it
is in the public interest and more economical to eliminate any
disparity in level or size between the proposed Improvements and
private property on such private property, rather than to adjust
the work on public property to eliminate such disparity.
Section 11. The City Council hereby designates the
City Treasurer, or the designated agent of the City Treasurer, to
collect and receive the assessments.
Section 12. Any surplus moneys remaining in the
improvement fund after the completion of the proposed Improve-
ments and the payment of all claims from the improvement fund
shall be disposed of in accordance with Section 10427 of the Act.
Section 13. The City Council hereby declares that any
lot or parcel belonging to any public entity, which is in use in
the performance of any public function, shall be omitted from the
assessment to cover the costs and expenses of the Improvements.
950120 R6876 -00001 rdw 1101036 2 - 2 - RESOL. NO. 95 -5
Section 14. The City Engineer is hereby appointed and
designated to perform the duties and functions of the
Superintendent of Streets in connection with the assessment
proceedings.
PASSED, APPROVED and ADOPTED this 17th day of January,
19950
Mayor
ATTEST:
CitV Clerk
Stldte of .California
County of Los Angeles ) SS
City of Rancho Palos Verdes
I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes
hereby certify that the above Resolution No. 95 -5 was duly and
regularly passed and adopted by the said City Council at a
regular meeting thereof held on January 17, 19950
Cit Clerk
950120 R6876 -00001 rdw 1101036 2 - 3 - RESOL . NO. 95 -5
0
Exhibit/Attachment A
Silver Spur Undergrounding District
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