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HomeMy WebLinkAboutRESO 6348RESOLUTION NO. 6348 f' ".'''.~ ~ : .. · : t. !: RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS CAMBRIDGE AVENUE UNDERGROUND UTILITIES CONVERSION The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. public interest, to order work to follows, to wit: That it does hereby preliminarily determine that the convenience and necessity require, and ·that it intends be done, acquisitions and improvements to be made, as a) The conversion of existing overhead electric power facilities of the City of Palo Alto and existing overhead telephone facilities of Pacific Bell to under.ground locations to serve the properties along Cambridge Avenue from Birch St re et to Park Boulevard and along Park Boulevard from Cambridge Avenue to California Avenue by the construction of primary and secondary facilities, splice boxes, tr~nsformer vaults and street lighting facilities, and the performance of all work necessary to change over all of the existing service connections to the new underground systems. b) The acquisitions of all land and easements and the construction of all work auxiliary to any of the above and necessary to complete the same, including the removal and disposal of all overhead poles and facilities. SECTION 2. That to the extent that work, rights, improvements or acquisitions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facilities, works, or systems of, or are to be owned, managed and controlled by, any public agency other than this entity, or of any public utility, it is the intention of the legislative body to enter into an agreement with the public agency or public utility or noth pursuant to Chapter 2 (commencing with Section 10100) of Division 12 of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agen, or utility and for the providing of service to the properties in the area benefiting from said work, rights improvements 0r acquisit ins by said agency or utility in accordance with its ~ates, rules and regulations, and that said Rgreement or agreements shall become effective after proceedings have been taken for the levy of the assess~ents and funds are available to carry out the terms of any such agreement or agreements. SECTION 3. That all of the blocks streets and mentioned are shown on maps of record in the off ice Recorder of Santa Clara County, State of California, and upon the plans herein referred to and to be filed with of said City. alleys herein of the County sha 11 be shown the City Clerk SECTION 4. That ~heneve~ any public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done herein. SECTION 5. That all ot said work and improvements are to be constructed at the places and in tne particular locations, of the forms, sizes, dimensions and materials, and at the lines, grades and elevations, as shown and delineated upon the ~lans, profiles and specifications to be made therefor, as hereinafter provided. SECTION 6. That there is to be excepted described any of such ~ork already done to line accepted or shown ~ot to be done on said specifications. from the work above and grade, and marked plans, profiles and SECTION 7. That said Council does hereby adopt and establish as the official grades for said work the grades and elevations to be shown upon said plans, profiles and specifications. Al 1 such grades and elevations are to be in feet and decimals thereof with reference to the datum plane of the City of Palo Alto. SECTION 8. That notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different 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. Thc:t the descriptions of the acquisitions and improvements and c;-.tt tcrmin i of the work contained in th is Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Enginser' s report shall be controlling as to the correct and detailed description thereof. SECTION 10. That the City will contc:-ibute an amount equal to seventy-five percent (75%) of the costs and expenses incidental to the construction of underground electrical facilities in public streets and utility easements. Said contemplated acquisitions and improvements, in th(~ opinion of said Council, are of more than local or ordinary public benefit, and the balance of the costs and expenses thereof {other than such amount as may be contributed by Pacific Bell) are made chargeable upon an assessment district, the exterior boundaries of which d~~trict are the composite and consolidated area as more particularly shown on a map thereof on file in the office of the City Clerk, (identified as •Proposed Boundaries of Underground Utilities Assessment District 2. No. 27, City of Palo Alto, California") to which refec-ence is hereby made for-furthe~ particulars. Said map indicates by a boundary line the extent ot the territory included in the proposed district and shall govern for all details as to the extent of the assessment district. SECTION 11. That said Council further dee la res that a 11 public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function as such, shall be omitted from the assessment hereinafter to be made to cover the costs and expenses of said acquisitions and improvements. SECTION 12. That notice is hereby given that loans from the Electric System-Improvement Reserve and payable with interest at a rate not to exceed twelve percent (12%) per annum, will be made by the City to property owners electing to pay the assessments over a period of years, and pursuant to Sect ion 13 .12. O lC of said Code, providing a procedure tor compliance with Section 19 of Article 16 of the constitution of the State of California. SECTION 14. That said acquisitions and improvements are hereby referred to the City Engineer of said City as the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described herein, being a competent person employed by said City for that purpose, and said City Engineer is hereby directed to make and file with the City Clerk of said City a report in writing, presenting the following: a) Maps and descriptions of the lands and easements to be acquired~ b) Plans and improvements Resolution: specifications to be made of the pur-suant proposed to this c) Engineec's estimate of the total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; d) Diagram showing the assessment district above raferred to, and also the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this Resolution7 and e) A proposed assessment of the total amount (after deducting contributions) of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto. 3. • When any portion or percentage of the costs and expenses of the acquisitions and improvements is to be pa id from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this Section. SECTION 15. That notice is hereby given that, in the opinion of this Council, the public interest will not be served by allowing the pruperty owners to take the contract for the construction of the improvements and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of awar.d of c~ntract shall be published. SECTION 16. That if any excess shall be realized from the assessment it shall be used, in such amounts as the Council may ~etermine, in accordance with the provisions of law for the maintenance of the improvements, unless che Council ahall 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 Utilities, City of Palo Alto, is hereby designated as the person to answer inquiries regarding the protest proce~dings to be had herein and may be contacted during regular off ice hours at Palo Alto Civic Center, 250 Hamilton Avenue, Palo Alto, California, 94301 or by calling (415) 329-2126. INTRODUCED AND PASSED: February ll, 1985 AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, Witherspoon, Woolley NOES: None ABSTENTIONS: None ABSENT: Ncne Attorney 4.