HomeMy WebLinkAboutRESO 5472I I
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· •0122A-7A ~ML1KIJ1ahY l0/11/77
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ORIGINAL
RESOLUTION NO. 5472
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OP INTENTION TO ACQUIRE AND CONS~UCT IMPROVIMBNTS
UNOERGROUND UTILITIES CONVERSION
UNDERGROUND UTILITY DISTRICT NO. 19
RBSOLVBD, by the Council of the City of Palo Alto, San~a Clara
County, California, that_ it does hereby prelimlnarily deteraine that
the public intereec, convenience and necessity require, and that it
intends t~ order the following work to be done, acquisitions and
iaproveaents to be Jaade, as follows:
. 1. 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 Company
to underground locations to ~erve alL. lf the propertiea ill~.9 Raaona
Street frOll Forest Avenue to Bomer AvEt.·:ue, by the con•truct1on cf
priaary and secondary facilities, splice boxes, transforMr'vaults
e:u&O Cil.L"•.at !i;h~in; f:t::il!tie~. -and the -~!'f'°'r'!'~_n~• nf all work_ . -.
r.ccessary to cbanqe over all of the existing service connection• to
the n•w undergr~und systeas. The acquisition of all lands and
eaaeaents.and the construction of all work auxiliary to any of t~•
,,_above and necessary to complete the sue, including tbe raoval and
disposal of all overhead poles and facilities.
2. To the extent that wcrk, rights, i11Prove .. nta or
acquisitions indicated in the Bn9ineer•s Report, to·be aad• a•
provided herein, are ahJwn to be connected to the facilitie•, wor~~
or systems of, or are to be owned, aanaged end control~~d by, any
public agency otber than thia entity, or of any public utility, lt
is the i~tention of the 199ialative body to enter into an agre ... nt
or agreeaenta wit.b the public agency or public utility or both .
pursuant to Chapter 2 (comaencin9 with Section 10100) of Diviaion·12
of the St~~ets ~nd Hi~hways Code,.~hich agreeaent or agreeaents
s~~ll provide for the ownership by· said agency or utility of such
vorka, rights, iaproveaenta 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
benefitinc; frO!!!. said work, rights, improvements or acquisitions by
aaid agency or util!ty in accordance with its rates, rules ~n1
.a:-egulati.ons, and that said agreeaer.t or agreements shall· becorae
effective after proceedings have been taken for the levy of the
asaeasaents and sale of bonds and funds are available to earry out
the teraa of any such ·~~·!e~ent or agreements.
--~~ All of the blocks, streets and alleys herein mentioned are
abown on ups of record in the otf ice of the county Recorder of
Santa Clara County, State of California, and shall be shown upon the
plans herein referred to and to oe. filed with the City Clerk ot aaid
City.
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4. Whenever any public way is herein referred to as runnin9
between two public ways, or from or to any public way, the
intersectiona ~f the public ways referred to are included to the
extent that work shall be shown on the plans to be done herein • • s. !1"11 of said work and improvements are to be constructed at
the plac~s and in the particular locations, of the forms,-si2es,
diaensions and aaterials, and at ~he lines, grades an~ elevations,
aa shown and delineated upon the plans, profiles and specifications
to t;e aade therefor, aa hereinafter provided.
---6=.--'.ri\;tre -r9-·to-be" except_ed from-the work' abOve-descr ibed any-.
of such work already done to line and grade and ~arked excepted or
shown ·not to be done on caid 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 •~id plans, profiles and specifications. All such grades and
elevation~· are to be in feet and deciaals thereof with reference to
the datua plane of t'•• City of Palo Alto. ----.----
8. 'ROtice is hereby given of the fact-that in aany cases said
work and i.Jlprovement will bring the finis~ed work to a grade
difterent froa that foraerly e~isting, and that to said extent said
grades are hereby cban~ed and that said w<;>rk ~~11. be .. done to said changed grade1h ~ _________ ,.-._
~~-~ 9. In cases where ttere-ts any disparity in level bt size c'~==--betveen _the fJIPt'OVeaentS pr~cied to be Ude herein and private
-----..,~u~~ty·and wbere--it-it;1~m0r@ eeen~!~~l to eli!dnat~ Bucll.disparity
by work on said private property than by adjust~ent of the work on
public property, it t* hereby deterained that it is ir. the_ public ._,
interest and 110re econc11ical to do such work on private ~operty to
eliainate such disparity. · 1 In su.:h cases, said work on pt-.lvate
prope~ty aball, with tbe written c.:onaent Of .the owner of said
property, he done (~ the actual cost thereof aay be added to the
proposecl asaeasaent of the lot on which said work is to be done.
. . 10. Rotice is hereby given that it is the intentio~ of the
Council to consider adoption-?f an ordinance authorizing
contributions by the Ci~y frOQ any sources of revenue not otherwise
prohibited by law, or any spe<::ified aaount, portion or percentage of
. ________ aucb r-e96-nues, for the purpose of aqquisition or construction of
i111>roveaenta, the acquisition o~ i-nterest in real property and the
payaent of ezpenaea incidental thereto for the use and benefit of
the aaseaaaent district, and to consider authorizing application of
such revenues aa a credit ugon the asaeasaent.
11. The descriptions of the acquisitions and iaproveaents .and
the teraini of the work contained in this Resolution are general in
nature. All !teas of work do not ~ecesaarily eztend for the full
length of the description thereof. The plans and profiles of the
.Ork and aapa and descr iptiona aa contained in ·.the Bn9ineer • s Report
shall be controlling aa to the correct and detailed description
thereof~
12. The City will c:ontril°'ute an allOUttt equal to f tfty perc•nt-~--.
CSOt) of-the coet and •"P8n•ea incidental to the c~natructi~n of
un4erground electrical f&cilitiea in public streets and utility
••• ... nta. Said conte•plated acquisitions and improveaents, in tbe
opinioo of said Council, are of aore t~an local or ordinary public
benefit, an4 tbe balance of the coats and expenses-thereof (other
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than such amount as may be eontribut~d by The Pacific Telephone and
Telegraph Company) are made chargeable upon an assessment district,
the exterior boundaries of which district are the composite and
consolidated areu as more particularly--shown on a map thereof on
file in the office of the City Clerk (identified as uProposed
Boundaries of Underground Utility Assessment District No. 19, City
of Palo Alto, California"), to which reference is he~eby made for
Eurther particulars. Said map indicates by a boundary line the
extent of the territory included in the proposed district and shall
govern for all d~tails -ds to the extent of the assessm~nt _dtst1ic~.
13. Said Council further declares that all public streets,
hi~hways, l4nea anJ alleys within Sa~d assass~cnt district in use in
the performanr.~ of a-public function as such, shall be omitt~d from
the assessment-he_rl!'after tc. be made to cover the costs and expenses
of said acquisfcions and improvements.
14. Rotice i6 hereby given that serial bonds to represent' i
unpaid assessments, and to bear interest at the rate of not to
a~ceed.-eigbt percent (8') per annum, will be issued hereunder in the
manner provided in Bond Plan B, Section 13.16.110 .~f the Pal~ Alto
Municipal Code, analagous to the Im~rovement Bond Act of 1915~ ·
Division 10 of .. the ~treets' and Highways Code, the last installment
of which b?nds shall mature not to exceed niQe (9) years from the
-sec::oriC! day of July ne~t-$ucc·eeding ten months from their date.
15. Bxcept as hereir. ·otherwise provided for the issuance of
bonds, all of said work shall be done as provided in Section
13.12.040 of said Code, being analagous to the Municlp~l Improvement
Act of 1913, Divisiort 12 of the St~eets and Big~ways Code, and
Section 13.12.010 of, said Code, providing a pro.:edure for compliance
with Section 19 of Article XVI of the Constitution of the State of
California~-
16. --Said acquisitions,_ and improvements are hereby referred to
tbe City Bng!neer of said City as the officer having charge and
control of the acquisitions and constpictiqn~of public improvements
in A!1d for said Cit::_;-of the kind der:.cr ibed_-herein, being a cODJpetent
person employed by said City for that purPe>se, and said City
Engineer is hereby direct~d to make and file with the City Clerk of
said City a report in writing, presenting ~he following: ·--:---
(a)
be acquired;
Maps and descriptinns of the lands and easements to
(b) Plans and specifications of the pr-oposed
i11Proveaents to ~ aade pursuant to this ~solution1
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_ (c) Bnglneer ts estimate of the total costs and ex~enses
of said acquisitons and improveaents and of the incidental £~penses
in connection therewith1
(d) D:~agraa showing the aasesa•ent district above
referred to, ar4 also the boundaries and diaenaions of the
respective subdivisions of land within said district as the same
exist~d _at the tiae of the passage of tbla Resolution, each-of whic~
subdivisions shall be given a aeparat~ n_uaber ~pon said (iagram,
(e) A proposed aaaesa3ent of the tQtal aaount (aftec
deducting contr!butiona) of the coats and expenses of the proposed
acquisitions and iaproveaerits upon the several aubdtvislons of land
in said district in proportion to the ••tiaated benefits to be
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received by such subdivisions, respectively, from said acquisitions
and iaproveaents, and of the expenses incidf!ntal thereto.
When any portion or percentage of l'he cost and expenses of the
acquisitions and improvemants is to be paid from sources other than
asse~s•enta, the amoun~ of such portion or percentage sh~ll first be
de~ucted from the total estimated cost and expens~s of said
acquisition& and improvements, and said assessment shall include
only the rem~_in_der __ 9~ the estimated cost and expenses. Said
assessment ah~ll refer to said subdivisions by ttLeir respective
numbers as assigr.ed pursuant to subdivision (d) of this sect.ion.
17. Notice is hereby given that, in the opinion of the
Council, the public interest will not be served by allowing the
property O\fllers to take the contract for the construction of the
improvements and that, pursuant to Section 10502.4 ot the Streets
and Highways Code, no notice of award ~f contract shall be published.
18. If any excess shall be realized from the assessment, it
shall be used, in suQh amounts &s the council may determine, in
accorl"tanc:e 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 upon the assessment and any
supplemental aasesSlllent.
19. J. s. Taylor of said City be, and he is hereby designated
as, the person to answer inquiries regarding any protest proceedings
to be had herein, and aay be co=itacted during regular off ice hours
at the Civic Center, 250 Hamilton Avenue, Palo Alto, California
94301, or by calling (415) 329-2126.
* * * * * * ; ·--_,
I hereby certify that the foregoing is a full, true and
correct copy of a Aesolution duly passed and adopted by the Council
of the City of Palo Alto, California, at a meeting thereof held on
.,the 25th day of October , 1977, by the fol!owfng vote of the mellber s thereof: ; ·,_
AYBS, and il'l favor thereof, Councilaembers: Brenner, Carey,
Clay. Byerly. Fazzino. Fletcher, Henderson, Sher, Witherspoon
NOES. .. CuuncilaClilDers:None ·
ABSBHT, council•eabers: Notte
city Clerk of (ff! city of Palo Alto
APPROVED:
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