HomeMy WebLinkAboutRESO 6257..
• ., J~SRC:cp 05/11/84 08715
RESOLUTION NO. 6257
A RESOLUTION OF PRELIMINARY DETERMINATIOM
AND OF INTENTION TO
MAKE ACQUISITIONS AMO IMPROVEMEMTS
UNIVERSITY AVENUE LOT J PARKING
GARAGE ASSESSMENT DISTRICT
ORl:INAL
The Clty Council of the City of Palo Alto does RESOLVE as follows:
Section l: This Council does hereby preliminarily determine that the
public interest, convenience and necessity requlre, and that it intends to
order the making of the acqu1sitions and improvements described tn Exhiblt "A"
attached hereto and made a part hereof.
Section 2: Except as herein otherwise provided for the issuance of
bonds, all of said worK shall be done as provided ]n the Municipal Improvement
Act of 1913, Sect\on 19 of Article XVI of the Constitution of the State of
California, and Sections l3.12.010, 13.12.40 and 13.12.50 of the Palo Alto
Municipal Code.
Section 3: A11 of said work and i-.provements are to be constructed at
the places and in the particular locations, of the forms, sizes, dimensions
and materials, and at the 11nes. grades and e1evat1ons. as shown and
delineated upon the plans, profiles and specifications to be made therefor. as
hereinafter provided. Tnere is to be excepted from the work above descr,bed
any of such work already done to 11ne and grade and marked excepted or shown
not to be done on said plans. profiles and spec1flcat,ons. Whenever any
public way 1s herein referred to as running bet"een two publtc ways. or from
or to any public way, the 1ntersect,ons of the pub11c ways referred to are
included to the extent that work h sho-.in on said plans to be done therein.
Said streets and htghways are or w111 be more part1cular1y shown 1n the
records in the offtce of the County Recorder of County of Santa Clara. State
of Cal,forn\a, and shall be shown upon sa1d plans.
Sect1on 4: Notice f s hereby g\ven of the fact that \n many ca~es sa1d
work and improvements will bring the finished ~rk to a grade different from
that formerly existing. and that to said extent said grades are hereby changed
and that said work will be don@ to said changed grades.
Section 5: In cases where there is any d1 spari ty in 1 eve l or size
between the 1mprovements proposed to be made herein and private property and
where H \s more econom1cal to eliminate sur.h disparity by work on said
private property than by adjustment of the work on pub11c property, 1t is
hereby determined that it is ~n the publ le interest and more econom1cal to do
such work. on pr1 vate property to eliminate such disparity. In such cases.
said wor~ on private property shail, with the wr1tten consent of the owner of
said property. be done and the actua 1 cost thereof may be added to the
proposed assessment of the lot on which said work 1s to be done.
Section 6: This Council does hereby adopt and establish as the offtc1a1
grades for said work the grades and elevations to !'Je shown upon said plans,
profiles and specifications. All such grades ar.d elevations are to be 1n feet
and decimals thereof •ith reference to the datum plane of thts C1ty.
~ection 7: The descriptions of the acqut st t1ons a.nd tmprovements and
the termin1 of the work conta,ned 1n th\s Resolution are general 1n nature.
All items of work do not necessarily extend for the full length of the
descr1pt1on thereof. The plant and prof11es of the work and maps and
destr\pttons as contatned 1n the Engtneer's Report, hereinafter directed to be
made and filed, shall be contro111ng as to the correct and detailed
descr1pt1on thereof.
Sect,on 8: Sald contemplated acquisitions and 1mprovements, in the
op1n,on of this Counctl, are of 110re than local or ordinary pub11c benefH,
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and the costs and expenses thereof are made chargeable upon an assessment
district. the exterior boundaries of wh1ch are shown on a map thereof on file
1n the office of the City Clerk. to which reference is hereby made for further
partlculars. Sa1d map indicates by a boundary line the exter.t of the
territory included in the proposed dlstrict and shall govern for all details
as to the extent of the assessment district.
Section 9: This Council declares that a11 public streets, highways,
lanes and alleys within said assessment district in use in the performance of
a pub11c function, and all lands owned by any public entity, \nc1udlng the
United States and the State of California, or any departments thereof, shall
be omitted from the assessment hereafter to be made to cover the costs and
expenses of said acquis1tions and 1mprov~ments.
Sect1on 10: Said acqu1 s tt1ons and improvements are hereby referred to
George Bagdon, Assistant Director of Pub11c Horks of this C1ty, as the officer
having charge and control of acquisitions and con~truction of public
improvements 1n and for th1s City of the kind described herein, and sa.1d
off 1 cer i s hereby d 1 rected to make a.nd f i t e with sa. 1 d Cl erk. a report 1 n
wr\ttng. presenting the following:
Ca> Maps and descr1ptlons of the lands and easements to be
acquired, 1f any;
<b> Plans and spectf1cations of the proposed improvements to be
made pursuant to this Resolution;
<c> Engineer's est1m.te of the total costs and expenses of sa'd
acqu1s1t1ons and improvements and of th! tncidental expenses \n connectton
therew\th;
<d> 01agram show1ng the assessment d1strtct above raftrred to. and
also the boundaries and dt•ns1ons of the respecttve subd1vtstons of land
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w1thir. said district as the same existed at the time of the passa9e of thB
Resolution, each of which subdivisions shall be given a separate number upon
said diagram;
<e> A proposed assessment of the total amount of the cost and
expenses of sa\d acquisit1ons and impro11ements upon the sev~ral subdivisions
of land 1n sa,d district in proportlon to the estimated benefits to be
received by such subdiv1s1ons. respectively, from said acquisitions and
tmprove~~nts. Said assessm!nt shail refer to said subdivisions by their
respective numbers as assigned pursuant to ~ubparagraph <d> of this paragraph.
When any portion or percentage of the costs and expenses of said
acqu1s1t1ons and improv~m~nts is to be paid from sources other than
assessments. the amount of such portion or percentage shall first be deducted
from the total estimated cost and expenses of said acquisitions and
improvements. and said assessment shall include only the remainder of the
estimated cost and expenses.
Section 11: If any surplus shall be realized from the proceeds of the
sale of the bonds to be \ssued as provided here1n. such surplus shall be
deposit~d in the redemption fund for said bonds.
Section 12: Ted Nogucht. Project Manager of the Lot J Park1ng Garage
project, is hereby designated as the person to answer \nqu1r1es regarding any
protest proceed1ngs to be had herein, and may be contacted dur\ng regular
office hours at Chile Center. 250 Hamilton Avenue. Palo Alto. Ca11forn\a
94301, or by calling \415>329-2160.
Section 13: To the extent that any of th! won~ .. rtghts. improvements
and acquts1t1ons indicated tn the Eng1r1eer's Report, to be made as prov1ded
heretn, are showii to be connected to the fac1Hties. llH>rks or systems of, or
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are to be owned, managed and controlled by. any public agency other than this
City. or of any publtc ut111ty, it is the 1ntention of this Counc1l to enter
into an agreement with such public agency or public utility pursuant to
Chapter 2 (commencing w\th Section 10100> of D1v1sion 12 of the Streets and
Hignways Code, which agreement may provide for, among other matters. the
ownership. operation and maintenance by such agency or uti11ty of said works,
rights, improvements and acquisitions, and may provide for the installation of
a 11 or a portion of such improvements by said agenr.y or uti 11 ty anci for the
providing of service to the propertie~ in the area benefiting from said work,
rights. improvements and acquisitions by such agency or utility in accordance
with its rates. rules and regulations, and that such agreement shall become
effective after proceedings have been taken for the levy of the assessments
and sale of bonds and funds are available to carry out the terms of any such
agreement.
Section 14: Notice is hereby given that serial bonds to reoresent the
total cost of the project, exclusive of any contributions, and bearing
interest at the rate of not to exceed twelve percent Ci2i> per annum, or such
h,gher rate of interest as may be authorized by applicable law at tne time of
sa 1 e of such bonds, w111 be t ssued hereunder t n the manner prov t ded by the
Bond Plan G. Section 13.16.150 of the Palo Alto Munlcipal Code. the last
1 ns ta 11 ment of wh1 ch bonds sha 11 mature not to exceed twenty four <24> years
from tne second day of July next succeedtng ten ClO> months from the1r d~te.
Sect1on 15; Notice 1s hereby g1ven that. 1n the opinion of thts
Council, the public 1nterest will not be served by allollfing the property
owners to take the contract for the construct1on of the 1mprovements and
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therefore that. pursuant to Section 20487 of the Publ tc Contract Code. no
not1ce of a~ard of contract shall be published.
Section 16: Notice is hereby given that it is the intention of this
Council to consider adoption of an ordinance, authorizing contr~butions by the
City of Pa lo Al to. from any sources of revenue not otherwise proh1 bited by
law, of a specif1ed amount. portion or percentage of such revenues, for the
purpose of acQuisition or construction of improvements. the acquisition of
interests in real property and the payment of expenses incidental thereto for
the use and benefit of the assessment district contemplated by this
Resolution, and tc consider authorizing application of such r. 1enues as a
credit upon the assessment proposad to be levied in proceedings pursuant
hereto.
Section i7: It is the intention of this Council to create a special
reserve fund p1Jrsuant to and as authorized by Part 16 of Division 10 of the
Streets ar.d Highways Code of the State of California.
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The foregoing Resolution _,as duly and regularly adopted at a regular
meeting of the Council of the Ctty of Palo Alto held on the 21st day
of May • i984, by the following vote:
AYES: Bechtel, Cobb, Fletcher, Klein, levy, Renzel, Sutorius,
Witherspoon, Woolley
NOES: None
ABSTENTIONS: None
ABSENT: None
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.A.THST:
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APPROVED AS TO FORM:
APPROVED:
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-. • . .. J~:SRC:cp 05/14/84 08765
With~n the C\ty of Palo Alt~, County of Santa Clara, State of California, the
construction of a five story parking garage containing aoproximately 424
parking spaces. together wah appurtenant storm dra1ns, lighting, electrical
and fire services faci11t1es and perimeter landscaping wHh requir~d
irrigation systems, upon a site bound by Hamilton Avenue on the so~th.
University Avenue on the north, Webster Street on the east and Cowper Street
on the west with entrances and exits on Webster and Cowper Streets; and the
acqu1sition of all r1ghts of •ay, easements, licenses, permits and franchises
and the construction of all auxiliary work necessary and/or convenient to the
accomplishment of the foregoing improvements.
UNIVERSITY AVENUE LOT J PARKING
GARAGE ASSESSMENT DISTRICT
Exht b\t A