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HomeMy WebLinkAboutRESO 4961---------------------------------------• • • WJML:KIJ :v 6-21~-71'-55 RESOLUTION NO. 4961 ORIGINAL ----- A RESOLUTION OF PRELIMI~ARY DETERMINATION AND OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS UNDERGROUND UTILITIES ASSESSMENT DISTRICT NO. 17 RESOLVED, by the Council of the City of Palo Alto, California, as follows: 1. That it does hereby preli~inarily determine that the public interest, convenience and necessity require, and that it 1:1tends to order work to be done, acquisitlons and improvements to be made, as follows, to wit: a) The conversion of existing overhead electric power facilities of the City of Palo Alto and the existing overhead telephone facilities of the Pacific Telephone and Telegraph Compa~y to underground loca- tions to serve all of the properties in the area bounded by Florence Street, University Avenue, Ramona Street and Lytton Avenue, excepting the parcel at the southeasterly intersection of Florence Street and Lytton Avenue and the two.parcels lying southeasterly and southwesterly thereof fronting on Florence Street and Lytton Avenue, respective- ly, by the construction of primary and secondary facilities, splice boxes, transformer vaults, and the performance of all work necessary to change over all of the existing service connections to the new underground systems. b) The acquisition of all lands and easements and th= 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. 2. 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 racilities, 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 or agreements with the public agency or public utility or both pursuant to Chapter 2 (commenc- ing 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- I I l ~ ( 1 ' • • thereof by said agency or utility and for the providing of service to the properties in the arP.a benefiting from said work, rights, improvements or acquisitions by said agency or utility in accornance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of the assessments and sale of bonds and funds are available to carry cut the terms of any such agreement or agreements. 3. All of the blocks, streets an1 alleys herein mentioned are shown on maps of record in the off ice of the County Recorder or Santa Clara County, State of California, and shall b~ shown upon the plans herein referred to and to be filed with the City Clerk of said City. q. Whenever any public way is herein referred to as running between two public ways> or fron or to any public way> the intersec- tions of the public ways referred to are included to the extent that work shall be shown on the plans to be done herein. 5. All of said work and inprovements 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, profiles and specifications to be made therefor, as hereinafter provided. 6. There is to be excepted from the work above described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. 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. 8. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different 2 ( ' ( I • • from that for~erly existing, and that to said extent said grades are hereby changed and that said work will be done to said changed grades. 9. In cases where there is any disparity in level or size between the i~provements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. The descriptions of the acquisitions and improvements and the termini of the work contained in this Resolution are general in nat~re. All items of work do not necessarily extend for the full length cf the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 11. The City will contribute an amount equal to seventy-five percent (75%) of the cost and expenses incidental to the construc~lon of underground electrical facilities in public streets and 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 thereor (other t:\an such amount as may be contributed by the Pacific Telephone and Telegraph Company) are made chargeable upon an assessment district> the exterior boundaries of which district are the composite and con- solidated 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. 17. City of Palo 3 • Alto, California") to which reference is hereby made for ft1rther particulars. Said map 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. 12. Said ~ouncil 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 hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 13. Notice is further given that should there be publicly owned operative property within the assessment district, certifi- cates or serial bonds to represeut the unpaid assessments against publicly owned property in use in the performance of a public function and bear interest at the rate of not to exceed seven per- cent (7%) per annum, will be issued hereunder pursuant to Section 6467 or Chapter 4.5, (commencing with Section 6468) Part 5, Division 7 of the Streets and Highways Code of the State of California, the Improvement Act of 1911, the last installment of which certificates or bonds shall mature not to exceed nine (9) years from the second day of June beginning with the fiscal year next following the date of the bonds. 14. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate cf not to exceed seven percent (7%) per annum, ;rill be issued hereunder in the manner provided in Bond Plan B, Section 13.16.110 of the Palo Alto Municipal Code, analagous to the Improvement 3ond Act of 1915, Division 10 or the Streets and Highways Code, the last installment of which bonds shall mature not to exceed nine (9) years from the second day of July next succeeding ten months f~om their date. 15. Except as herein otherwise provided for the issuance of . bonds, all or said work shall be done as provided in Section 13.12.040 I I j ' • of said Code, being analagous to the Municipal Improvement Act of 1913, Division 12 of the Streets and Hiehways Code, and Section 13.12.010 of said Code, providing~ procedure for compliance with Section 17 of Article XIII of the Constitution of the State of California. 16. Said acquisitions and improvements are hereby referred to the City Engineer of said City ~s the officer having charge and control of the acquisitions and constructivn 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 specifications of the proposed improvements to be made pursuant to this Resolution; (c) En~ineer's estimate of the total costs and expenses of saj.d acquisitions 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 respec- tive subdivisions of land within said district as the same existed at the time of the passage of this Resolution, each of which sub- divisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount (after deducting contributions) of the costs and expenses of the proposed acquisitions and impr)vemento upon the several subdivisions of land in said district in proportior. to the eL~1~ated benefits to be received by such subdivisions, respectively, from said acqu13itions and improvements, and of the expenses incidental thereto. 5 . . • When any portion or )ercenta~e of the cost and expenses of the acquisitions and improve~ents 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 tte estimated cost and expenses. Said assess- ment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) of this section. 17. Notice is hereby given that, in the opinion of the 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. 18. If any excess shall be realized from the assessment it shall be used, in such amounts a3 the Council may. ~etermine, in accordance with the provisions of law for the maintenance of the improvements, unless the Council shall hereafter determine that it should be applied as a credit ~pon the assessment and any supple- mental assessment. * * * * * 6 'I• : • • I hereby certify that the foregoing is a full, true and correct copy of a resolution duly 9assed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 1st day of July , 197 4, by the ---------- following vote of the members thereof: AYES, and in favor thereof, Councilmen: Henderson, Norton, Pearson, Rosenbaum, Sher Berwald, Clay, Comstock, NOES, Councilmen: Beahrs ABSENT, Councilmen: None ity of Palo Alto APPROVED: Mayor APPROVED: ~~--· . ounsel