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CC RES 1988-069RESOLUTION N0, 88 -69 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, 5A, DAL AD I ER DRIVE, ET AL. 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. 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 improve- ments and the damages caused thereby, shall be referred to as "Rancho Palos Verdes Improvement District No. 5A, Daladier Drive, et al." 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 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 1 City Clerk a written request therefor which expressly authorizes 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. 5A, Daladier Drive, et al. ", hereby approved by the City Council and now on file in the office of the City Clerk of the City of Rancho Palos Verdes, The office of the City Clerk is located at City Hall, 39 040 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. 5A, Daladier Drive, et al. 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: 10 The exterior boundaries of Rancho Palos Verdes Improvement District No. 5A, Daladier Drive, et al.; 2 RESOL. 88 -69 2* The boundaries of any zones within such Im- provement District; and 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. 5A, Daladier Drive, et al. in proportion to the estimated benefits to be received by each subdivision, respectively, from such improvements. F. A proposed maximum annual assessment upon each of the several subdivision of land in Rancho Palos Verdes Improve- ment District No. 5A, Daladier Drive, et al, to pay costs in- curred by the City and not otherwise reimbursed which result from the administration and collection of assessments or from the ad- ministration 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 1st 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. 3 RESOL. 88 -69 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. 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. 5A, Daladier Drive, et al. pursuant to the Municipal Improvement 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. 4 RESOL. 88 -69 PASSED, APPROVED AND ADOPTED this 15th day of November, I ATTEST: County of Los Angeles City of Rancho Palos Verdes ss I, JO PURCELL, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 88 -69 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on November 15, 1988. City Clerk Cit of Rancho Palos Verdes 5 RESOL. 88 -69