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HomeMy WebLinkAboutRESO 5370that • WJllL: KJmb 12-10-7S RESOLUTION NO. 5370 ORIGINAL A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRtCT RESOLVED, by the Council of the City of Palo Alto, California, 1. It does hereby preliminarily determine that the public inter- est, convenience and necessity require, and that it intends to order the work to be done and the acquisitions and improvements to be made, as more particularly described in Exhibit "A" hereto attached and by reference made a part hereof. 2. To the extent that work, rights. improvements or acquisi- tions indi.cated in the Engineer's Report, to be made as provided here- in, 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 or agreements with the public agency or public utility or both pursuant to Chapter 2 (com- mencing with Section 10100) of Division 12 of the Streets and Highways Code, which agrer~ment or agreements shall provide for the ownership by said agency or utility of such work, rights, improvements or acquisi- tions, and may provide for the installation of all or a portion thereof by said agency or utility and for the p~oviding of service to the properties in the area benefiting from said work, rights, improve- ments or acquisitions by said agency or utility in accordance with its rates, rules and_regulatiODs, and that said agreement or agreements shall become effective after proceedings have been taken for the l_evy of the assessments and sale of bonds and funds are available to carry out the terms of-any such agreement or agreements. 3. All of the blocks, streets and alleys herein mentioned are shown on maps of record in the office of the County Recorder of the County of Santa Clara, State of California, and shall be shown upon tbe plans berein referred to and to be filed with the City Clerk of this City. 4. Whenever any public way is herein referred to as running between two public ways, or from 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 improvements are to be constructed at the pla~es and in the particular locations, of the forms, sizes, dimen- sions 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 o: shown not to be done on said plans. profiles and specifications. 7. This Council does hereby adopt and establish as the official grades for said work the grades ani elevations to be shown upo~ 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 differ- ent from that formerly existing, and that to said extent said grades are hereby changed and that said work wjll be ~one to said changed grades. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private prop- erty anci where it is more eeon"ll!lical to eli.Jlinate sucb dispsrity by work on said priyate property than by adjustment of the work on public property 1 it is hereby determined that it is in the public interest and more econOllical to do such work on private property to eliminate such disparity. In such cases, said 1r<1rk on private property shall, with tbo written consent of the· owner of said property, be done and the actual cost thereof _,. be ad~d to the proposed assessment of tbe lot on wbicb •aid work ia to be done. 2 10. Notice is hereby given that it is the intention of the Council · to consider ado}Jtior\ o:t an ordinance authorizing contributions by the City from any sources of revenue not otherwise prohibited by law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in real property and the payment of expenses incidental thereto for the use and benefit of the assessment district, and to con- sider authorizing application of such revenues as a credit upon the assessment. 11. The description of the acquisitions and improvements and-the termini of the work contained in this Resolution are general in nature. All items of work do not necessarily extend for the full length of the description thereof. '!'he plans and profiles oi the work and maps and descriptions, as contained in_ the Engineer's Report, shall be control- ling as to the correct and detailed description thereof. 12. Said contemplated acquisitions 8.Dd improvements, in the opinion of this Co1mcil * are of more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon -........ _ an assessment di~ '·ict, the exterior boundaries of which are the com- posite and consolidated area as more particularly shown on a map there- of on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indicates by a boundary : ~ line the extent of. the territory included in the proposed district and shall govern for all d:etails as to the extent of the assessment district. 13. Said Council further declares that all public streets, high- ways, lanes and alleys within said assessment. district in USA. in the performance of a public function as such* shall be omitted from the assessment hereafter to be ma.de to cover the costs an<\ expenses of said acquisitions and improvements. 14. Notice is hereby given tbat serial bonds to represent the unpaid assesSllenta, and bear interest at the rate of not to exceed eight percent (81) per annm, will be issued hereunder in the manner 3 • provided in the Improvement Bond Act of 1915, Division 10 of the -- Streets and Highways Code. the last installment of which bonds shaJ.l mature not to exceed twenty-four (24) years from the second day of July next succeeding ten months froru their date. The provi~ions of Part 11.l of the Streets and Highways C.Ode, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 15. Except as herein otherwise provided for the issuance of bonds, all ~f said work shall be done as pro•rided in the Municipal Improvement Act of 1913, Division 12 of the Streets and Highways Code, and Section i7 of Article XIII of the Constitution of the State of California. 16. Said acquisitions and improvements are hereby referred to the Director of Public Works of this City, as the officer having charge and control of the acquisition and construction of public improvements in and for this City of the kind described herein, being a competent person employed by this City for that purpose, and said Director of Public Works is hereby directed to make and file with the City Clerk a report in writing, presenting the following: a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; b) Engineer's estimate of the total costs and expensee of said acquisitions az:d improvements and of the incidental expenses in cQunection therewith; c) Diagram showing tbe assessment district above referred to, and also the bol!Ddaries and dimensions of the respective subdivi- sions of land within said district u; tbe same existed at the time of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions and improvements upon the several subdi vis·ioo& of land in said district in proportion to the 4 estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements; e) Maps and descriptions of the lands and easements to be acquired. When any portion or percentage of the cost and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such ~ortion or percentage shall first be deducted from the total estimated cost and expenses of said acqui- sitions and improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessmeL shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 17. Notice is hereby given that in the upj.nion 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 Se~tion 10502.4 of the Streets and Highways Code, no noiice of award of contract shall be published. 18. 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 one or more of the following purposes: a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5$ of the total amount expended from the improvement fund; b) As a credit upon_ the assessment and a.ny supplemental assessment; or c) For t~e maintenance of the improvements . • • • • * • 5 • I hereby certify that the foregoing is a full, true and correct copy of a resolution duly passed and adopted by the Council of the City of Palo Alto, California, at a meeting thereof held on the 21st day of~Ma~r_c_h_·--~--~~' 1977, by the following vote of the members thereof: AYES, and in favor thereof, Councilmembers: Beahrs, Berwald, Carey, Clay, Eyerly, Norton, Witherspoon NOES, Counci lmembers: Comstock ABSENT, Councilmembers: Sher City e City of Palo Alto APPROVED: APPROVED: . . • DESCRIPTION OF PROPOSED ACQUISITIONS AND IMPROVEMENTS WILLOW ROAD PROJECT NO. 74-65 ASSESSMENT DISTRICT a) The widening and improving of Sand Hil-1 Road from Santa Cruz Avenue to its northeasterly terminus, and Willow Road from said terminus of Sand Hill Road northeasterly to Arboretum P.oad, by grading and the construction therein of a four-lane road section, 64-feet wide, located within a 90-foot right of way, with a landscaped median strip, and by constructing therein base pavement, wearing surface, curbs, gutters, storm drainage facilities, street lighting facilities and landscaping improvements, with bicycle paths between the edge of curb and the right of way line, together with such additional acquisitions and improve- -ments as may be necessary to mitigate any environ- mental impacts caused by the project. b) The widening and improving of Willow Road from Arboretum Road northeasterly to El Camino Real generally along the alignment identified as Align- ment I as shown on the plat on file in the off ice of the City Clerk, by grading and the construction therein of base pavement, wearing surface, drainage facilities as required, street lighting facilities, landscaping improvements. together with such addi- tional acquisitions and improvements as may be necessary to mitigate any environmental impacts caused by the project. ~) The acquisition of all lands, easements, facilities and rights and the construction of all work auxiliary t"o any of the above and necessary to complete the same. EXHIBIT 11A" • • . see. . "'~°" . J],7 "'· .... . . . 11/'jD o, · ... ./ti #e . . ···. men-koneJ . . . .. -. -. --" ~ --. in 5.170 · . ..