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HomeMy WebLinkAbout23661 RESOLUTION NO. 23661 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM SPRINGS, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO APPROVE THE ACQUISITION OF RIGHT- OF-WAY FOR THE SOUTH PALM CANYON DRAINAGE IMPROVEMENT PROJECT (FEDERAL AID PROJECT NO. BR-NBIL 502) (CP 06-18). WHEREAS, the City of Palm Springs ("City"), has proposed to construct a 4-lane bridge to replace a low water crossing on South Palm Canyon Drive over the Arenas Canyon South Drain Canal in Palm Springs, Federal Aid Project No. BR-NBIL (502), City Project No. 06-18, a local public agency project, ("Project"); and WHEREAS, the Project requires the acquisition of various parcels of permanent right-of-way and temporary easements, from a variety of different property owners; and WHEREAS, pursuant to the terms of a Master Agreement No. 08-5282R, the City shall acquire and furnish all right of way, if any, and to perform all right of way activities, including all eminent domain activities, if necessary, in accordance with procedures acceptable to Caltrans, in compliance with all applicable State and Federal laws and regulations; and WHEREAS, Caltrans is performing complete oversight of the City's right-of-way activities for the Project, in accordance with its own procedures and all applicable State and Federal laws and regulations; and WHEREAS, Title 7 "Procurement and Contracting" of the Palm Springs Municipal Code, ("Code"), established procedures for the procurement of supplies, services, and construction of public projects, and defined the authority for the procurement function including signatory authority for purchase orders and written contracts which bind the City for the acquisition of equipment, supplies, labor or services within the budget approved by the City Council and within the monetary limits established by the City Council; as provided in Section 318 the City Charter; and WHEREAS, Section 318 of the City Charter allows the City Council by Resolution to authorize the City Manager to bind the City, with or without a written contract, including by purchase order, for the acquisition of equipment, materials, supplies, labor, services or other items included within the budget approved by the City Council, and may impose a monetary limit upon such authority; and WHEREAS, the public's interest is best served by implementing a streamlined process for the acquisition of right-of-way and easements for the Project, whereby the City Council authorizes the City Manager to acquire any and all right-of-way and easements for the Project pursuant to the terms of the Agreement. Resolution No. 23661 Page 2 THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council hereby authorizes the City Manager to approve any and all agreements for the acquisition of permanent right-of-way or temporary easements, as the case may be, for the South Palm Canyon Drainage Improvement Project, Federal Aid Project No. BR-NBIL (502) City Project No. 06-18. SECTION 2. The City Manager may designate the Director of Public Works/City Engineer, or his designee, to execute and process any and all escrow documents or other forms on behalf of the City Manager, as may be necessary to facilitate the transfer of property, subject to the approval of the City Attorney. ADOPTED THIS 17T" DAY OF SEPTEMBER, 2014. r ' ATTEST: David H. Ready, City er mes Thompson, City Clerk CERTIFICATION STATE OF CALIFORNIA ) ss. COUNTY OF RIVERSIDE ) CITY OF PALM SPRINGS ) I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that Resolution No. 23661 is a full, true and correct copy, and was duly adopted at a regular meeting of the City Council of the City of Palm Springs on September 17, 2014, by the following vote: AYES: Councilmember Foat, Councilmember Lewin, Councilmember Mills, Mayor Pro Tern Hutcheson, and Mayor Pougnet. NOES: None. ABSENT: None. ABSTAIN: None. Q mes Thompson, City Clerk City of Palm Springs, California