CC RES 1989-006RESOLUTION N0, 89 -6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF RANCHO PALOS VERDES DECLARING ITS INTENTION
TO ORDER IMPROVEMENTS FOR PROPOSED RANCHO
PALOS VERDES IMPROVEMENT DISTRICT N0. 9, DEL
CERRO PURSUANT TO THE MUNICIPAL IMPROVEMENT
ACT OF 1913
THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES
HEREBY FINDS, DETERMINES, RESOLVES AND ORDERS AS FOLLOWS:
Section 1. The City Council hereby (i) finds that
the public interest, necessity and convenience require and (ii)
declares its intention to order improvements authorized by Divi-
sion 12 of the California Streets and Highways Code, commencing
with Section 10000. Such improvements are briefly described in
Section 3, below.
Section 2. 1 The district of land to be benefited by
the improvements briefly described in Section 3, below, and to be
specially assessed to pay the costs and expenses of such im-
provements and the damages caused thereby, shall be referred to
as "Ranch-o Palos Verdes Improvement District No. 9, Del Cerro."
Section 3. The proposed improvements may be briefly
described as follows:
A. The excavation of trenches, backfilling, resurfac-
ing, and the installation of communication cable and wire
facilities and underground supporting structures such as con-
duits, manholes, pull boxes, handholes, and other associated
facilities, together with appurtenances and appurtenant work for
the conversion of overhead electric and communication facilities,
to underground locations.
B. The relocation or alteration of existing pipeline
utilities where required to complete the above - described work.
C. The acquisition of rights -of -way, easements or
land necessary for the accomplishment of the above - described
works of improvement.
D. All electric or communication facilities, includ-
ing connections to owners' premises located upon any lot or par-
cel within the Assessment District shall be constructed,
reconstructed or converted by the owners I of such lot or parcel at
the owner's expense. Provided, however, such work may be done by
the contractor of public utility performing the conversion work
and the cost thereof included in the assessment to be levied upon
such lot or parcel provided the owner executes and files with the
City Clerk a written request therefor which expressly authorizes
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the contractor or public utility and their respective officers,
agents and employees to enter upon such lot or parcel 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
thereof in the assessment.
Section 4. For a description of the exterior bound-
aries of the real property to be benefited by the improvements
briefly described in Section 3, above, and to be specially as-
sessed to pay the cost and expenses of such improvements,
reference is hereby made to a map of the exterior boundaries of
such real property designated "Proposed Boundaries of Rancho
Palos Verdes Improvement District No. 9, Del Cerro," hereby ap-
proved by the City Cou nc i 1 and now on file i n the office of the
City Clerk of the City of Rancho. Pal -os Verdes. The office of the
City Clerk is located at City Hall, 39040 Hawthorne Boulevard,
Rancho Palos Verdes 90274.
Section 5. The City Engineer is hereby appointed
and designated as Assessment Engineer for purposes of assessment
proceedings to be undertaken in connection with the proposed
Rancho Palos Verdes Improvement District No. 9, Del Cerro.
Section 6. Such proposed improvements are hereby
referred to the Assessment Engineer to make a written report in
accordance with Section 10204 of the California Streets and High-
ways Code and to file such report with the City Clerk, which
report shall contain the following:
A. Plans and specifications of such proposed improve-
ments if the improvements are not already installed.
B. A general description of the works and appliances
already installed and any other property necessary or convenient
for the operation of the improvements, if the works, appliances,
or property are to be acquired as part of such proposed improve-
ments,
C. An estimate of the cost of the improvements and
the cost of lands, rights -of -way, easements and incidental ex-
penses in connection with the improvements, including any cost of
registering bonds.
D. A diagram showing, as they existed at the time of
passage of this Resolution, all of the following:
1. The exterior boundaries of Rancho Palos
Verdes Improvement District No. 9, Del Cerro;
2o The - boundaries of any zones within such Im-
provement District; and
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3. The lines and dimensions of each parcel of
land within such Improvement District.
Each subdivision, including each separate condominium
interest as defined in Section 783 of the California Civil Code,
shall be given a separate number upon such diagram.
E. A proposed assessment of the total amount of the
costs and expenses of such proposed improvements upon the several
subdivisions of land in Rancho Palos Verdes Improvement District
No. 9, Del Cerro in proportion to the estimated benefits to be
received by each subdivision, respectively, from such improve-
ments.
F. A proposed maximum annual assessment upon each of
the several subdivision of land in Rancho Palos Verdes Improve-
ment District No. 9, Del Cerro to pay costs incurred by the City
and not otherwise reimbursed which result from the administration
and collection of assessments or from the administration or
registration of any associated bonds and reserve or other related
funds.
Section 7. The City Council hereby determines that
it is in the public interest and more economical to eliminate any
disparity in levels or size between such proposed improvements
and private property on such private property, rather than to ad-
just the work on public property to eliminate such disparity.
Section 8. Provision is hereby made for the is-
suance of improvement bonds pursuant to Chapter 7 of Division 12
of the California Streets and Highways Code, commencing with Sec-
tion 10600.
Section 9. Notice is hereby given that serial bonds
to represent unpaid assessments, and to bear interest at the rate
of not to exceed 12 percent per annum, payable semiannually,
shall be issued hereunder 'in the. manner provided by Part 5 of
Division 7 of the California Streets and Highways Code, and the
last installment of bonds shall mature 14 years from the second
day of January next succeeding the next September l s t following
their date.
Section 10. The City Council hereby designates the
City Treasurer, or the designated agent of the City Treasurer, to
collect and receive the assessments.
Section 11. Pursuant to California Streets and High-
ways Code Section 6464, the City Council hereby elects to have
the redemption provision of the bonds provide for the payment of
a premium of 5 percent of unmatured principal.
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Section 12. Pursuant to California Streets and High-
ways Code Section 6442, the City Council hereby elects to have
the City Treasurer retain the first delinquency penalty of 2 per-
cent as a cost of servicing the delinquency.
Section 13. Any surplus moneys remaining in the im-
provement fund after the completion of such proposed improvements
shall be disposed of in accordance with California Streets and
Highways Code Section 10427.
Section 14. In the opinion of the City Council, the
public interest will not be served by allowing property owners to
take a contract to perform the work.
Section 15. The City Council hereby declares that
any lot or parcel belonging to the United States, the State of
California, the County of Los Angeles or the City of Rancho Palos
Verdes, which is in use in the performance of any public func-
tion, shall be omitted from the assessment to cover the costs and
expenses of the improvements described in Section 3, above.
Section 16. The City Engineer is hereby appointed
and designated to perform the duties and functions of the Super-
intendent of Streets in connection with assessment proceedings to
be undertaken in connection with proposed Rancho Palos Verdes Im-
provement District No. 9, Del Cerro pursuant to the Municipal Im-
provement Act of 1913 (Division 12 of the California Streets and
Highways Code) and the Improvement Act of 1911 (Division 7 of the
California Streets and Highways Code) .
Section 17. The City Council hereby declares its in-
tention to enter into an agreement with Southern California
Edison under the provisions of Chapter 2 of Division 12 of the
California Streets and Highways Code. Among other things, such
agreements may provide that, upon confirmation of the assessment,
the public utilities shall have legal title to the electric or
communication facilities, which shall thereafter constitute part
of a system of the public utilities and be used, operated, main-
tained and managed by it as part of its system. Such agreements
also may provide, among other things, for any of the following:
the supplying or approval by the public utilities of plans and
specifications; a contribution of labor and materials, or money
by the public utilities, the performance by the public utilities
of all or any part of the work of improvements, and payment to
the public utilities for any work or improvement performed or
service rendered.
1989.
PASSED, APPROVED AND ADOPTED this 17th day of January
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ATTEST:
CITY CLERK
Vtate of California )
County of Los Angeles ) ss
City of Rancho Palos Verdes )
If JO PURCELL , City Clerk of the City of Rancho Palos
Verdes, hereby certify that the above Resolution No. 88 -6 was
duly and regularly passed and adopted by the said City Council at
a regular meeting thereof held on January 17, 1989.
City lerk
City of Rancho Palos Verdes
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