HomeMy WebLinkAboutRESO 6357•
RESOLUTION NO. 6357
ORIGINAL
RESOLUTION OF THE COUNCIL OF "'if'HE"CITY OF PALO ALTO
OF INTENTIO~ TO ACQUIRE AND CONSTRUCT IMPROVEMENTS
Pl\RK BOULEVARD UNDERGROUND UTILITIES CONVERSION
The Council of the City of Palo Alto does RESOLVE a& follows:
SECTION 1.
public interf;!st,
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 f aci 1 it ies of Pacific Be 11 to
underground locations to serve the properties
from the north-westerly side of Park Bouleva~d
between Sherman Avenue and a point between Mutadero
Creek and Lambert Avenue, to the Southern Pacific
right of way on the north-east, including the block
bounded by the northwesterly side of Poge Mill
Road, the southwesterly side of Ash Street and the
n~rthwesterly side of OJ.ive Avenue, and a parc~l on
the southwesterly side of Park Boulevard at
Sheridan Avenue, all as more particularly described
on that certain map entitled "Underground Utility
District No. 28", on file :n the office of the City
Clerk by the construction of primary and secondary
facilities, splice boxes, transformer 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) lne acquisitions of all land and easements and the
construct ion of all work auxiliary to any of the
above and necessary to complete the samei including
the removal and disposal of all overhead poles and
facilities.
SECTION 2. That to the extent that work, rights, improvements or
acquisitions ind1cated in the Engineer 1 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 t _th 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 3uch works, rights, improvements or acquisitions, and may
provide for the installation of all or a portion thereof by said agency
or utility and for the providing of service to the properties in the
area benefiting from said work, rights improvements or acquisitions by
said agency or utility in accordance with its rates, rules and
regulations, and that said agre~mant or agreements shall become
effective after proceedings have oeen taken for the levy of the
assessments and funds are available to carry out the terms of any such
agreement or agreements.
SECTION 3. That all of the blocks streets and alleys herein
mentioned are shown on maps of r-ecord in the office of the County
Recorder of Santa Clara County, State of California, and shall be shown
upon the plans herein referred to and to be filed with the City Clerk
of said City.
SECTION 4. That whenever .:any public way is herein referred to as
t"unning 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 S. That all of said work and improvements are to be
constructed at ttte places and in the particular locations, of the
forms, sizes, dimensions and mat~rials, and at the lines, grades and
elevations, as showu and delineated upon the plans, profiles and
specif lcations to be made therefor, as hereinafter provided.
SECTION 6. That there is to be excepted
described any o'f such work already .:...one to line
accepted or shown not to be done on said
specifications.
from the work above
and grade, and ~arked
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. All 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 wor:k and improvement will bring the finished work to a grade
different from that formE>rly 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 acquisitions and
improvements and the termini of the work contair.ed in this Resolution
are general in nature. All itel'llS of work do not necessarily extend for
the full length of the description thereof. The plans and profiles of
the work and 1llaps and descriptions as contained in the Engineer's
report shall bG controlling as to the correct and detailed d~scription
thereof.
SECTION 10. That the City will contribute an amount equal to
seventy-five percent (75%) of the costs and expenses incidental to the
construction of underground electrical faoilities in public streets and
2.
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utility easements. Said contemplated acquisitions and improvements, in
the 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 amourt as may be contributed by Pacific Bell) are made chargeable
upon an assessment district, the exterior boundaries of which district
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
No. 28, City of Palo Alto, California•) to which reference is hereby
made for further:' particulars. Said n~ap indicates by a boundary line
the extent of the territory included in the proposed district and shall
govern for all details as to the extent of the assessment district.
S!3CTION 11. That said Council further declares that all 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 improvement~.
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 section 13 .12. 010 of said Code, providing a
procedure for 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
pursuant
proposed
to this
c) En~ineer's estimate of the total costs and expenses
of said '!cquisitions and improvements and of the
incidental expenses in connection therewith:
d) Diagram showing the assessment district above
referred to, and also the boundaries and dimensions
of the respective subdivisions o~ land within said
district as the same existed at the time of the
passage of this ResolutionJ and
3.
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e) A proposed assessment of the total amount (after
deductiny 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.
When any portion or percentage of the costs and expenses of the
acquisitions and improvements 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. Said assessment
shall refer to said subdivisions by their respective numbers as
assigned pursuant to subdivision (a) o~ 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
property 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 award of contract 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
determine, in accordance with the provisions of law for the maintenance
of the improvements, unless the Council shall hereafter determine that
it shc~~c 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 recarding the protest proceedings to be had
herein and may be contacted during regular ofl ice hours at Palo Al to
Civic Center, 250 Hamilton Avenue, Palo Alto, California, 94301 or by
calling (415} 329-2126.
INTRODUCED AND PASSED: March 4, 1985
AYES: Bechtel, Cobb, Fletcher, Klein, Levy, Renzel, Sutorius,
Witherspoon, Woolley
NOES: None
ABSTENTIONS: None
ABSENT: None
4.
FORM:
Attorney
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