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• ORIGINAL
RESOLUTION NO. 6118
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALO ALTO
OF INTENTION TO ACQUIRE ANO CONSTRUCT IMPROVEMENTS
ORME STREET UNDERGROUND UTILITIES CONVERSION
The Counc11 of the City of Palo Alto does RESOLVE as follows:
SECTION 1. That it does hereby preliminarily determine that the pub11c
interest. convenience and necessity require. and that it intends to order work
to be done. acquis1ttons and improvements to be made. as follows. to wit:
a> The conversion of existing overhead electric power facilities of
the City of P~lo alto and ex1st1ng overhead telephone fac111ttes of
,the Pac1 ft c Te 1 ephone and Te 1 egraph Company to underground
locations to serve the properties along Orme Street from Los Robles
Avenue to Juana Br\ones School by the construction of primary and
secondary fac11\t1es. splice boxes. transformer vaults and street
11 ghti ng faci I Hies, and the performance of a 11 work necessary to
change over a 11 of the ex 1st, ng serv1 ce connecttons to the riew
underground systems.
b> The acqu1sit1ons of all land and easements and the construction of
a 11 work. aux n 1 ary to any of the above and necessary to complete
the same, 1nclud1ng the removal and disposal of all overhead poles
and fac11fties.
SECTION 2. That to the extent that work, r1ghts, improvements or
acqu1sittor.s indicated 1n the Engineer's Report. to be made as prov1ded
herein. are shown to be connected to the fac111ties, works, or systems of. or
are to be owned. managed and controlled by, any public agency othe1 than this
entity. or of any public uttlity, tt 1s the intention of the 1eg1slat1ve body
to enter 1 nto an agreement w1th the public agency or pub 11 c ut111ty or both
pursuant to Chapter 2 <corrinenc1ng w1th Sect1on 10100> of 01viston 12 of the
Streets and H1ghways Code, which agreement or agreements shall provide for the
ownersh1 p by sa 1 d agency or util 1ty of such works, rt ghts, improvements or
acqu1sit1ons. ar.d may provide for the installation of alt or a port1on thereof
by satd agency or ut11ity and for the providing of service to the properties
in the area beneftting from said work. rtghts improvements or acquisitions by
sa1d agency or utflity fn accordance wfth fts rates, rules and reguiatfons.
and that said agreement or agreements shall becomv effective after proceedings
have b<;en taken for the levy of the assessments and sale of bonds and funds
are available to carry out the terms of any such agreement or agreements.
SECTION 3. That all of the blocl<s streets and alleys herein mentioned
are shown on maps of record in the off t ce of the County Recorder of Santa
Clara County, State of ca11fornta, and shall be shown upon the plans herein
referred to and to be ftled with the City Clerk of said City.
SECTION 4. That whenever any public way 1s herein referred to as
running between two public ways. or from or to any public way, the
intersections of the pub11c ways referred to are included to the extent that
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work shall be shown on the plans to be done here1n.
SECTION S. That all of sa1d work and 1mprovements are to be constructed
at the places and in the particular locations, of the forms. sizes. dimensions
and materials. and at the lines. grades and elevations. as shown and
delineated upon the plans, prof11es and spectf1cat1ons to be made therefor, as
hereinafter provided.
SECTION 6. That there 1 s to be excepted from the work above descr1 bed
any of such work already done to line and grade, and marked accepted or shown
not to be done on sa1d plans. prof1les and specif1cat1ons.
SECTION 7. That sa 1 d Counc11 doe~ hereby adopt and establish as the
off,ctal grades for satd work the grades and elevations to be shown upon ~a1d
plans, profiles and spec1f1cat1ons. All such grades and elevat1ons are to be
in feet and decimals chereof w1th reference to the datu~ plane of the C1ty of
Palo Alt:o.
SECTION 8. That notice ts hereby given of the fact that 1n many cases
said work and 1mprovement w, 11 br1ng the f1n1 shed work to a grade dtfferent
from that formerly existing. and that to said extent said grades are hereby
changed and that said work will be done to said changed grades.
SECTION 9. That the descriptions of the acqutsittons and improvement~
and the term1n1 of the work. contained fn this Resolution are general tn
nature. A 11 1 tems of work. do not necessar11 y eictend for the ful 1 1 ength of
the descr1pt1on thereof. The plans and prof1les of the work. and maps and
descr1pt1ons as contained 1n the Eng1neer 1 s report shall be controlling as to
the correct and detailed description thereof.
SECTION 10. That the Ctty wtll contrtbute an amount equal to
seventy-f1ve percent <7St> of the costs and expenses incidental to the
construction of underground electrical fac11tttes 1n public streets and
utility easements. Said contemplated acqu1s1t1ons and improvements, tn the
op1n1on of sat d Council. are of more than loca 1 or ordt nary publ 1 c benef1t.
and the balance of the costs and expenses thereof <other than such amount as
may be contrtbuted by the Pacific Telephone and Telegraph Company> are made
chargeable upon an assessment d1strict. the extertor boundartes of wh1ch
distr1ct are the compostte and consolidated area as more particularly shown on
a map thereof on ftle tn the office of the Ctty Clerk, <1dentttied as
"Proposed Boundaries of Orme Street Underground Ut111 ties Assessment Dt str1 ct
No. 25, City of Palo Alto. California11 ) to wh~ct'! reference 1s hereby made for
further particulars. Said map indicates by a boundary line the extent of the
terraory included tn the proposed distr1ct and shall govern for all details
as to the extent of t~e assessment d1strtct.
SECTION 11. That satd Council further declares that a11 public streets.
highways. lanes and alleys within satd assessment d1strtct In use In the
performance of a publtc function as such. shall be omttted from the assessment
hereinafter to be made to cover the costs and expenses of satd acqutstttons
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and 1aprovf9tnts.
SECTION 12. That notice ts hereby given that serial bonds to represent
unpatd-assess•nts. and bear tnterest at the ra.te of not to exceed twelve
percent < 1 n> per annu•, w\ 1l be \ ssued hereunder In the manner provl ded l n
Sond Plan B, Se«:tton 13.16.1 !O of the Palo Alto Mun1ctpa1 Code, anal09ous to
the Imc:irove•nt Sond Act of 1915, Dtvtston 10 of the Streets and Highways
Code, and Stct1on 13. 12.010 of s•td Code, providing a procedure for comp11ance
wtth Sect'on 17 of ~rt1cle XIIt of the Constitution of the State of Ca11fornta.
SECTIOM 1!. That sa\d acqu\s,ttons a"d ,iapr~vements are hereby referred
to tht City En9tne1r of satd City as the off,cer havtng charge and control of
th• acqu1slt,ons and con~tructton of public 1mprovements In and for satd C1ty
of the ldnd described htre,n. betnq a competent person eap1oyed by satd C1ty
for that purpose. •nd satd C1ty Engineer h hereby dtrected to Nke and fne
•tth tht Ctty Cierk of sa1d C1ty a report In writtng, present1ng the followtng:
a> Maps and descriptions of the lands and ease111nts to be acquired;
b> Plans and spt'c ! ft cat tons of the proposed 1 mproveinents to be made
pufsuant to thf s Reso1ut1on;
c> Engtneer's tstt .. tc of the total costs and expenses of sa1d
acQutsHtont. and tl!C)rov.-nts •nd of the tnctdenta.1 expenses tn
connectton therew1th;
d> Dtagra• showtng the ass•ss111nt distrtct above referred to. and a1so
the bound1.r1ti and d111tnstons of the rtspecttve subdtvtsions of
land •'thin s1td d1strtct n the sue e.hted at the ttme of the
passage of this Resolut1on; and
e> A proposed usess111nt of the tota 1 a10Unt <after deductt ng
contdbut1ons> of the costs and expenses of the proPosed
1cqutstt,0ns and tmprov..ents upon the several subd1v1itons of land
1n satd dhtrtct tn proportton to the tstheted beneftts to be
rtcttved by such subdtv\1\~s. rtspecttvety. free said acqu1stttons
and i11prov1 .. nts. and of the expenses tnctdenta1 thereto.
When any pc:;rtton or p1rcenta91 of the costs and eipensts of the
lCQu1s\tlons and t11prov ... nt~ t> to be pa1d froa sources other than
usess•nts. the amount of such port ton or percentage sha 11 ft rst be deducted
frcm tl'lt tota I esttNttd cost and expenses. Sa td assessment sha 11 refer to
satd subdtvtstOfls by th•'r rtsptettve nUllDers as 1ss\9ned pursuant to
sub0tv1s1on {0) or tn1s Section.
SEC TI°" 1 S. That not t ct h he rt by g hen tha. t, In the opt n ton of th !s
Councn, the pubHc tnterest will not bt served by atlow1ng the property
own•rs to take the tontr1ct for the construct1on of tht tmprov..,nts and that,
pursuant to Stctton 10502.4 of tht Streets and Htghways Code. no notice of
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award of contract shall be published.
SECTION 16. That if any excess shail be real,zed from the assessment 1t
shall be used. in such amounts as the Council may determine, 1n accordance
w1th the prov1stons of law for the matntenance of the improvements. unless the
Cou;1cil shall hereafter determine that It should be applied as credit upon the
assessment and any supplemental assessments.
SECTION 17. That Jack Taylor, Chief Electrical Engineer. Department of
Ut111ttes. C1ty of Palo Alto, 1s hereby designated as the person to answer
tnqu1r1es regard1ng the protest proceedings to be had here1n and may be
contacted dur1ng regular office hours at Palo Alto C1v1c Center, 250 Hamilton
Avenue, Palo Alto, California. 94301 or by calling <415> 329-2126.
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The foregoing Resolution was du1y and regularly adopted at a regular
meeting of the Counc11 of the C1ty of Pa1c Alto held on the _l§__ day
of May , 1983. b·1 the following vote:
AYES: Bechtel, Cobb, Eyerly, Fazzino, Fletcher, Klein, Levy, Renzel
NOES: None
ABSTENTIONS: None:
ABSENT: Witherspoon
A~p~
orney
Acting
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