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Home My WebLink AboutRESO 5268\ wJML:a :pn 9/2_111s RESOLUTION NO. 5268 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS ORIGINAL SILVA AVENUE -SILVA CX>URT ASSESSMENT DISTRICT SANITARY SEWERAGE PROJECT RESOLVED, by the Council of the City of Palo Alto, California, that 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the acquisitions and improvements hereinafter more particularly describ~d. 2. Whenever any public way is herein referred to as run- ning between two public ways, or from or to any public way, the intersections of the public ways referred to ~e included to the ext~~t that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the off ice o:f the County Recorder of the County of Santa Clara, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of this City. 4. All of Sa.id work and iq>rovements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions and 111aterials, and at the lines, grades and elevations as shown and delineated upon the plans, profiles and specifications to oe made therefore, as hereinafter provided. 5. There is to be excepted from the work herein 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. 6. Notice is hereby given of the tact that in llUUly cases said work and improvements will bring the finished wort to a grade different from that-formerly existing, and tbat to said extent said grades are hereby changed and that said work will be done to said changed grades. 7. Said acquisitions and improvements are more particu- larly described as follows: a) The construction of sanitary sewer mains, wye branches, risers, manholes, cleanouts and laterals. with cast iron manhole and riser frames and covers, in Silva Avenue and Silva Court and in such easements to be acquired herein as may be necessary to provide sanitary sewerage service to the properties hereinafter described. b) The acqui$ition of rights of service and use in existing sanitary sewerage and sewage dis- posal facilities of the City of Palo Alto by pay- ment of connection or other charges duly established therefor. c) The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. 8. 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. 9. In cases where' there is any disparity in level or size between the imi:rovements 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 priv&te property shall, with the written consent of the owner of said property, be done and tbe actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. The descriptions ot the acquisitions and improvements and the termini ot the work contained in this Resolution are gene- ral in nature. All 1tem.s ot work do not necessarily extend for ~be full len1tb of the deacrlptioa thereof, Tbe pla.ns and profiles of the work and mapa and de•cr.iptiona, as contained in the l~gineer• s -2- Report, shall be controlling as to the correct and detailed description thereof. 11. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made charge- able upon an assessment district, the exterior boundaries of which are the composite and consolidated area more particularly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for further particulars. Said map indi- cates by a boundary l_ine 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 Council further declares that all public streets and highways within said assessment district in use in the perfor- mance of a public function as such shall be omitted from the assess- ment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 13. Notice is hereby given the serial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder i~ the manner provided in Section 13.16.110, Chapter 13.16, Title 13, Bond Plan B of the Palo Alto Municipal Code (analogous to the Improvement Bond Act of 1915), the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten months from their date. The provisions of Part 11.l of said Improvement Bond Act of 1915, providing an alternative procedure for the advance payment of assessments and the call~ng of bonds, shall apply. 14. Except as herein otherwise provided for the issuance of bonds, all of s&id improvements shall be done pursuant to the provisions of Section 13.12.040, Chapter 13.12, Title 13 of said Code (analogous to the Municipal Improvement Act of 1913), 15. Beference is hereby ma.de to proceedings had pursuant -3- to Division 4 of the Streets and Highways Code on file in the office of the City Clerk. 17. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said :gngineer is hereby directed to make and file with the City Clerk of this City a report in writing, presenting the following: a) Plans and specifications of the proposed improve- ments to be made pursuant to this Resolution of Intention; b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and improvements and of the incidental expenses in conn~ction therewith; c) 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 tim·~ of the passage of this Resolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in propor- tion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incide~tal thereto; e) Maps and descriptions of the lands, easements. facilities and rights-of-way 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 portion or percentage shall first be deducted from the total estimated cost and expenses of said acquisitions and improvements, and said assessment shall in- clude only the remainder of the estimated cost and expenses. Said &&sessment shall refer to said subdivisions by their respective -4- numbers as assigned pursuant to subdivision (c) of this Section. 18. 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. 19. 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 provis~ons of law, for one or more of the following purposes: a) Transfer to the general fund of the City, provide 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 any supplemental assessment; or c) For the maintenance of the improvements. 20. Mark Harris, the Project Manager, is hereby designated as the person to answer inquiries regarding any protest proceedings to be had herein, and may be contacted during regular office hours at the Civic Center, 250 Hamilton Avenue, _Palo Alto, or by calling (415) 329-2562. * * • * * • * -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 12 th day of October ~~~~~~-· 197~, by ~be follcwing vote of the members thereof: AYES, and in favor thereof, Councilmembers: Beahrs, Berwald, Comstock, Eyerly, Norton, Sher, Witherspoon NOES, Councilmembers: None ABSENT, Councilmembers: Carey, Clay ~_j.~,.~ City Clerk~e City of Palo Alto APPROVED: Approved: