HomeMy WebLinkAbout22353 - RESOLUTIONS - 10/1/2008 RESOLUTION NO. 22353
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM SPRINGS, CALIFORNIA, AGREEING TO HEAR
FUTURE RESOLUTIONS OF NECESSITY FOR THE
INDIAN CANYON DRIVE / INTERSTATE 10
INTERCHANGE PROJECT (CP NO. 00-14, CALTRANS EA
455700).
WHEREAS, the City of Palm Springs ("City") is empowered to acquire by eminent
domain any property to carry out its powers or functions pursuant to Article I, Section 19
of the California Constitution, and Section 1230.010 et seq. of the California Code of
Civil Procedure, known as the "Eminent Domain Law"; and
WHEREAS, pursuant to Streets and Highways Code Section 102, the state of
California, acting by and through its Department of Transportation ("Caltrans"), may
acquire by eminent domain any property necessary for state highway purposes; and
WHEREAS, the City, in cooperation with Caltrans, has proposed to widen Indian
Canyon Drive on both sides of Interstate 10 (1-10) near the interchange, to widen and
relocate existing ramps and to replace the existing overcrossing structure on 1-10 at
Indian Canyon Drive, City Project No. 00-14, Caltrans Project EA 455700, a local public
agency project on the State Highway System, ("Project"); and
WHEREAS, on October 3, 2007, the City approved Amendment No. 2 to City
Agreement No. 4429, Caltrans Agreement No. 8-1165, a Cooperative Agreement
regarding the preliminary engineering, design, and all right-of-way activities associated
with the Project ("Agreement"); and
WHEREAS, pursuant to the terms of the Agreement, the City shall acquire and furnish
all right of way, if any, outside of the existing State Highway System right of way 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, all local public agency projects on the State Highway System, within
existing or proposed State Highway System rights-of-way, are subject to the
requirements of the Caltrans Right-of-Way Manual, ("Manual'); and
WHEREAS, Section 17.04.09.00 "Condemnation for LPA Projects — General' of the
Manual references state law allowing the City to hear and adopt resolutions of necessity
for the acquisition of property needed for local public agency projects on the State
Highway System, provided that the City has passed a resolution, by two-thirds vote,
agreeing to hear Resolutions of Necessity for the Project; and
Resolution No. 22353
Page 2
WHEREAS, the City shall follow all State and Federal laws and regulations, and rules
specified in the Manual, in the issuance of any Notices of Intent to adopt a Resolution of
Necessity, and in the adoption of Resolutions of Necessity; and
WHEREAS, the City Attorney shall be designated to process and approve the issuance
of any Notices of Intent to adopt a Resolution of Necessity, and the adoption of any
Resolutions of Necessity, and to confirm all State and Federal laws and regulations are
satisfied with regard to the acquisition of property for State Highway purposes for the
Project.
THE CITY COUNCIL OF THE CITY OF PALM SPRINGS DOES HEREBY RESOLVE
AS FOLLOWS:
Section 1. The City Council hereby agrees to acquire property for State Highway
purposes, and to hear the Resolutions of Necessity for the Indian Canyon
Drive/Interstate 10 Interchange, City Project No. 00-14, Galtrans Project EA 455700.
Section 2. The City Council hereby designates its City Attorney to prepare, review,
process, and approve any Notices of Intent to adopt a Resolution of Necessity, and the
adoption of any Resolutions of Necessity, and to confirm all State and Federal laws and
regulations are satisfied with regard to the acquisition of property for State Highway
purposes for the Indian Canyon Drive/Interstate 10 Interchange, City Project No. 00-14,
Caltrans Project EA 455700.
ADOPTED THIS 1 st day of October, 2008.
David H. Ready, Ci nager
ATTEST:
YJ s Thompson, City Clerk
Resolution No. 22353
Page 3
CERTIFICATION
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE ) ss.
CITY OF PALM SPRINGS )
I, JAMES THOMPSON, City Clerk of the City of Palm Springs, hereby certify that
Resolution No. 22353 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 the 15t day of October, 2008,
by the following vote:
AYES: Councilmember Hutcheson, Councilmember Mills, Councilmember
Weigel, Mayor Pro Tern Foat, and Mayor Pougnet.
NOES: None.
ABSENT: None.
ABSTAIN: None.
;'W� mes Thompson, City Clerk
City of Palm Springs, California