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CC RES 1986-062RESOLUTION N0, 86 -62 A RESOLUTION OF THE CITY COUNCIL OF THE Cl2Y OF RANCHO PALOS VERDES DECLARING THE INTEATTION TO CONSTRUCT AND ACQUI1tE THE NECESSARY RIGHTS- OF -WAY FOR IMPROVEMENT DISTRICT N0. 7 FOR THE UTILITY CONVERSION PROJECT IN SEA COVE DRIVE AND OTHER RIGHTS OF WAY (IMPROVEMENT DISTRICT N0. 7) WHEREAS, the City Council of the City of Rancho Palos Verdes did on March 5, 1985, adopt a resolution instituting proceedings and acknowledging a waiver of Debt Limit Investigation Proceedings as provided in Section 2804 (3), Division 4, Streets and Highways Code of the State of California, and commencing proceedings under and in accordance with provisions of the Municipal Improvement Act of 1911, including the acquisition of necessary rights of way, for the construction of the City utility conversion project Improvement No. 7; and WHEREAS, the Council has found and determined by resolution that the public interest and convenience requires the construction of the utility conversion project in Sea Cove Drive and other rights of way. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALMS - VERDES FINDS, RESOLVES AND ORDERS AS FOLLOWS: Section 1: The public interest and convenience require and it is the intention of the City Council to order acquisition to be made, work to be done, and improvement made as follows, to wit: First: The acquisition of rights -of -way for underground utility pur- poses by gift or purchases or eminent domain proceedings consisting in gen- eral of the following: Parcel A - The southwesterly 6 feet of the southeasterly 147 feet of Lot 81, Tract No. 14649, as shown on map recorded in Book 345, pages 23 to 26 of Maps, in the Office of the Recorder of the County of Los Angeles. Parcel B - The northeasterly 6 feet of the northwesterly 18 feet of the southeasterly 147 feet of Lot 80, said Tract No. 14649. Parcel C - A strip of land 6 feet wide lying within that portion of Lot 471 said Tract No. 14649, the westerly line of said strip being described +` as follows: Beginning at the most southerly corner of said lot; thence north along said westerly line a distance of 28 feet. Parcel D - All that portion of Lot 15, said Tract No. 14649, bounded easterly by a straight line joining a point in the northwesterly line of said lot, northeasterly thereon 3 feet from the southwesterly line of said lot with a point in said southwesterly line, southeasterly thereon 3 feet from said northwesterly line. 702CP /RES13.1 Parcel E - The northeasterly 10 feet of the northwesterly 15 feet of that parcel of land owned by the Los Angeles County Sanitation District No. 5 being a portion of Lot 107 of Los Angels County Assessor Map No. 51, recorded in Book 1, page 1, of Assessor's Maps, Second: The excavation of trenches, backfilling, resurfacing, and the installation of conduit and underground structures together with appurte- nant work for the conversion of overhead electric and communication facili- ties to underground location in SEA COVE DRIVE within Tract No. 14649, as shown on map recorded in Book 345, pages 23 to 26 of Maps; and in THE ABOVE DESCRIBED EASEMENTS ( PARCELS A THROUGH E), Third: The relocation or alteration of existing pipeline utilities where required to complete the above- mentioned work within the above -de- scribed limits. All of said work shall be performed in the streets and right -of -way and between the limits described above except where the plans indicate that said work shall be omitted. Section 2: IT IS ESTIMATED SUCH WORK OR IMPROVEMENTS WILL COST THE TOTAL SUM OF ONE HUNDRED EIGHTY THREE THOUSAND TWO HUNDRED DOLLARS ($183)200), THIS SUM INCLUDES A PORTION OF THE COSTS OF THE UNDERGROUND ELECTRIC AND COMMUNICATION FACILITIES IN ACCORDANCE WITH THE PROPOSED AGREEMENTS BETWEEN THE CITY OF RANCHO PALOS VERDES AND THE SOUTHERN CALI- FORNIA EDISON COMPANY, THE GENERAL TELEPHONE COMPANY OF CALIFORNIA AND TIMES MIRROR CABLE TELEVISION, INC. ALSO INCLUDED IS THE ESTIMATED COST OF ACQUISITION, ENGINEERING, AND INCIDENTALS THERETO IN THE AMOUNT OF FORTY NINE THOUSAND EIGHT HUNDRED DOLLARS ($49,800) . THE ESTIMATED COST OF DOING WORK ON PRIVATE PROPERTY IS NOT INCLUDED IN THIS SUM. THE COST OF NECESSARY WORK ON PRIVATE PROPERTY MAY BE INCLUDED IN THE FINAL ASSESSMENT IF THE OWNER OF SAID PRIVATE PROPERTY FILES A WRIT- TEN REQUEST FOR SAID WORK TO BE PERFORMED BY THE CITY'S CONTRACTOR WITH THE CITY CLERK NOT LATER THAN THE DATE FIXED FOR COMMENCEMENT OF CONSTRUCTION OF THE CONVERSION. Section 3: All work and improvements aforesaid shall be done and per- formed as shown on and in accordance with the plans and specifications therefor filed in the office of the Director of Public Works. Reference is hereby made to said plans and specifications for a full and detailed de- scription of said proposed work or improvement, and said plans and.specifi- cations shall govern for all details of the proposed work or improvements. Section 4: The City Council hereby makes the expense of the acquisi- tion, work, and improvement chargeable upon a district, which district the Council hereby declares to be the district benefitted by the acquisition work or improvement and to be assessed to pay the costs and expense there- of. A map of the district indicating by a boundary line the extent of the territory included in the proposed district, approved by the Council and endorsed with the certificate of the City Clerk, is on file in the above - mentioned office of the Director of Public Works. Reference is hereby made 7-0-2-GPLERS - -2- esolution No. 86 -62 to the map for a full and complete description of the assessment district and the map shall govern for all details as to the extent of the assessment district. Section 5: 'Registered bonds shall be issued in accordance with Divi- sion 7, Streets and Highways Code, to represent each assessment of One Hun - dred Fifty Dollars ($150) or more remaining unpaid for thirty (30) days after the date of the recording of the warrant. The registered bonds shall extend over a period ending nine (9) years from the second day of January next succeeding the next September 1st following their date, and shall bear interest at the rate of twelve (12 ) percent, or less, per annum on all sums unpaid, until the whole of the principal and interest is paid. The redemp- tion provisions of said bonds shall provide a premium of five (5) percent of unmatured principal. The principal sum shall become due and payable to the Treasurer in equal annual payments on each October 15th succeeding the September 1st following their date until fully paid. The first interest payment shall be payable to the Treasurer on April 15th next succeeding the March 1st or the October 15th next succeeding the September 1st, as the case may be, next following the date of the bonds. The following interest payments shall each be for six months interest and shall be payable to the Treasurer on each fifteenth day of April and Octo- ber, the last interest payment coming due on the October 15th immediately preceeding the last annual payment of the principal of the bonds issued to represent the unpaid assessment. A two (2) percent per month penalty, as provided in Section 6442 of the Streets and Highways Code, shall be imposed on any delinquent installment of the principal of the unpaid assessment or of interest thereon. The two (2) percent penalty first imposed shall be retained by the Treasurer as a cost of servicing the delinquency and all subsequent penalties shall be paid to the holder of the bond along with and as part of such defaulted payment. Section 6: That the proceedings for the aforesaid work or improvement shall be under and in accordance with Division 7, Streets and Highways Code. The streets hereinbefore referred to are public streets and are located in the City of Rancho Palos Verdes. Section 7: It is the opinion of the Council that the public interest will not be served by allowing the property owners to take the contract for the work to be done in public streets and easements. to be acquired under these proceedings. Section 8: It is hereby determined that because damages would be very difficult to ascertain in the event the contractor does not complete the work within the time limit specified in the contract or within such further time as this Council shall have authorized, the contractor shall pay the City of Rancho Palos Verdes liquidated damages. The liquidated damages for this improvement are fixed in the amount of One Hundred Dollar ($100) per 702CP /RES1391 -5 -3- Resolution No. 86 -62 day. Money received by the City of Rancho Palos Verdes on account of such liquidated damages shall be disbursed as provided in Section 20427 of the Public Contract Code, Section 9: The City of Rancho Palos Verdes intends to enter into agreements for the conversion of overhead electric and communication facil- ities with the Southern California Edison Company, General Telephone Com- pany of California, and Times Mirror Cable Television, Inc., pursuant to Section 20883 of the Public Contract Code of the State of California. Among other things, said agreements shall provide that upon confirmation of the assessment, said public utilities shall have legal title to the elec- tric or communication facilities, which shall thereafter constitute part of a system of public utilities and further provides the utility companies will furnish and install the underground cable facilities within the dis- trict in accordance with said agreements, and furthermore shall pay a por- tion of the costs of said underground cable facilities in accordance with said, agreements and that the district to be assessed for the conversion is within the service area of said public utilities. Section 10: The 5th day of November, 1986, at the hour of 7:30 P.M. of said day, is the day and the hour and Hesse Park, City of Rancho Palos Ver- des, California 90274, is the place fixed by the Council when and .where any or all persons having any objections to the proposed acquisition, work or improvement, or to the extent of the district to be assessed, or to any or all of the foregoing, may appear before the Council and show cause why the proposed acquisition, work, or improvement should not be carried out in ac- cordance with this Resolution. Section 11: Answers to inquiries regarding the hearing proceedings may be obtained at the office of the Director of Public Works, Mr . George Wentz, telephone number (213)377-03,60, Section 12: The Street Superintendent shall cause to be conspicuously posted along the line of the contemplated work or improvement and along all open streets within the district liable to be assessed, notices of the adoption of this Resolution in the manner and in the form required by law. .Section 13: The Clerk of the City Council shall certify to the adop- tion of this Resolution and shall cause the same to be published for two days in the Peninsula News, a newspaper published and circulated in the City of Rancho Palos Verdes, which is hereby designated for that purpose by the Council. 702CP /RES13.1 -5 -4- Resolution No. 86 -62 The Council does hereby direct the Clerk thereof to mail notices of the adoption of this Resolution of Intention to all persons owning real proper- ty proposed to be assessed for the work herein described whose names and addresses appear on the last equalized assessment roll of the County of Los Angeles or as known to the Clerk the contents of said notices to be as re- quired by law. PASSED , APPROVED, AND ADOPTED on September 16, 1986. ATTEST: ,r CITY CLERK State 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. 86 -62 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on September 16, 1986. (::- 11 1 1 - - Ci Clerk Ci q of Rancho Palos Verdes 702CP/RES13 a 1-5 —5— Resolution No. 86 -62