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HomeMy WebLinkAboutRESO 3633• • • • • • RESOLUTION M) . _ A RESOLUTION OF INTENTION TO ACgUIRE AND CONSTRUCT IMPROVEMENTS AND' ORDERING DIVISION OF ASSESSMENTS AND CASH ADVANCES PORTIONS OP FOOTHILLS ANNEXATION •NO. 3 SANITARY TRUNK SEWERS AND WATER SUPPLY SYSTEM PROJECT NO. 62-8 RESOLVED, by the Council of the City of Palo Alto, Calif ornia, that it intends to o rder the followi ng work to be done a nd acquisitio ns and impr ov emente to be made, as herei nafte r described. 1. All of the blocks, streets and alleys he rein me ntio ned are shown on maps of r ecord in the office of the County Reco rde r of Sa nta Clara Coun ty, State of California, a nd shall be shown on the pla ns herein r efer red to and to be filed with the City Clerk of said City. 2. When ever an y public way is herei n refe rred to as run ning between two pu blic ways, or fr om or to any public w ay, the i nte rsec- tion s of the public ways referred to ar e included to the extent that wor k shall be show n on the plans to be done herei n. 3. All of said wor k and improv ements are to be c onstructed at the pla ces and in the particular locations, of the forms, sizes, dimen- sions an d mater ials, and at the lines, grades and elevations as shown and delin eated upon the plan s, pr ofiles an d specifications to be made ther efor , as her eina fter pr ov ided. 4. There is to be ex cepted from the wor k herein descr ibed any of such work alr eady don e to line and grade an d marked excepted or shown no t to be done on said plans, profiles a nd specifications. 5. Said Coun cil does her eby adopt and establish as the o fficial grades for said work the grades a nd elevations to be shown u pon said pla ns, pr ofiles and specification s. All such grades a nd eleva tions ar e to be in feet and decima ls ther eof with referen ce to the datu m plane of the City of Palo Alto. 6. Said acquisition s and improv emen ts ar e more particu la rly described as follows: • s • • • • (c) • (a) Sa nitary T runk Sewers The co nstr uction of a system of m ai n tr unk s anitary s ewers, i ncluding manh oles, wye branches a nd appurte nances, to serve portions of Foothills An ne xation No. 3, f rom the so utherly te rminus of the sa nit ary sewerage facilities co nstructed in P roject No. 59-1 in an existi ng easem ent on the l ands of Ma rthe ns, thence continuing southwesterly, southerly and easterly in said existing easement across the lands of Ma .rthens a nd the lands of Lee to the s outherly termi nus of the existing water facilities constructed in said Project No. 59-1, thence co nti nuing so utherly in easements to be acquired he rei n across the la nds of Lee to the lands of the City of Palo Alto, th ence co ntin uing southerly,, e aste rly and southerly across the lands of the City of Palo Alto to the la nds of Crocke r, thence meanderi ng in a ge nerally so utherly di rec- tion acr oss the la nds of Crocke r to the lands of Dahl, then ce gene rally westerly ac ross a corner of the lan ds of Dahl to the la nds of Lee, thenc e con tinu in g westerly and southerly alo ng the l ands of Le e to the lands of Dahl, thence easte rly and souther ly across the lands of Dahl to Page Mill Roa d, thence continuing so utherly alo ng Page M_1 }toad, thence continuing southerly in easements to be acquired across the lands of Weddle and Dahl to the lan ds of Bur ns, including a sewage lift station on lan ds of the City of Palo Alto, and two siphon s and a dosin g station on the property of Dahl, together with the acquisition of the neces- sar y lan ds an d easemen ts therefor. (b) Wa ter Su pply System The con stru ction of a water transmission , sto rage an d major distr ibu tion system an d appurtenances in easemen ts to be acquired her ein from the southerly terminus of the existing w ater facilities constructed in Project No, 59-1, generally southerly in easements along the lan ds of Lee, thence contin uing so utherly and easterly an d sou ther?y over the lan ds of the City of Palo Alto to the lands of Lee, then ce con- tinu ing southerly acr oss the lands of Lee to the lan ds of F)ahi, thence mean derin g genera lly easterly an d southerly in easemen ts acr oss the lands of Dahl to Page Mill Road, thence continuing sou therly in Page Mill Road to the lands of Weddle, thence souther ly a cross the lands of Weddle to the la nds ol. Dahl, the nce southeasterly across the lands of Da hl, Ligda a nd Beyer to a pr opo sed reser voir site on the lan ds of Burns, together with the con stru ction of a booster pump statio n an d a 1,000,000 gallon reser voir a nd booster station on the lands of the City of Palo Alto, a 1,000,000 ga llon r eservoir a nd booster station on the lan ds of Dahl, and a 1,500,000 gallon reservoir on the lands of Bu rns, in clu din g the a cquisition of a ll lands and easements therefor. Gen eral The acquisition of all lands, ea sements and r ights auxiliar y to an y of the abov e and the construction of all wor k auxiliary ther eto necessa ry to 'comple te the same, Easements will be a cqu ired only wher e the facilities above descr ibed are outside of exist- ing easements and r oad rights -of -wa y. • 2 e • • 7. Notice is he reby given of the fact that in many oases said wo rk a nd improve ment will bring the finished work to a g rade differ- ent f rom that forme rly e xisting, and thet to said extent said grades are hereby changed and that ssid work will be don e to said changed grades, 8. The descriptions of the acquisiti ons and impro vements and the termini of the work contained in this Resol utio n are general in n ature. A11 items of work do not necessarily e xtend for the full e length of the descripti on the re of . The plane a nd profiles of the work an d the m aps and descriptions of the acquisitions as contained in the Engin eer's report, shall be controlli ng as to the correct and detailed description thereof. ✓ 9. The City will contribute that portion of the cost of the sanitary sewer mains an d w ater distribution mains and pump stations which represent* the cost of enlarging said facilities to provide possible ser vice to properties o utside of the assessment district. Said contemplated acqu isitions and impr ovements, in the opini on of this Council, are of more than local or ordin ary public be nefit, and said Council doee hereby make the balance of the costa a nd expenses thereof char geable upon an assessment distr ict, whioh district said Cou ncil declares to be the district benefited by said a cquisitions and improvements, and Which is described as the exterio r boundaries of the com posite an d consolidated a rea of all par cels of property fronting on and capable of service into or from said proposed improve- ments, as sho wn on the map of the assessment district en titled 'Utilities Extension s to Portion s of Foo thills Annexation No. 3", dated March 8, 1963, filed in the o ffice of the City Clerk, to which r efer- ence is hereby made. Said map indicates by a boundary lin e the exten t of the terr itory in cluded in the proposed district a nd shall govern for all details as to the extent of the assessment district. The lan ds of the City of Pa lo Alto shall be omitte d from the assessment. 10. It is hereby r ecognised by the Council that in order for the proper ties herein proposed to be assessed to obtain the benefits whioh the sanitary sewerage facilities herein described ar e designed a • • • • • 3 • • • a • to conf er, additional collecting se wers and laterals will ha ve to be co nstruct ed. It is therefo re r es ol ved that the additio nal faciliti es necessary to provide service will he reafte r be co nstructed by th e City by means of special assess ment proceedings, subdividers' c ash, city a dvances or othe r app rop riate method, a nd that all lands, e asements or r ights of way necessa ry theref or will be acqui red by gift, purchas e, co ndemn ation or oth er app ropri ate method. The ow ners and occupa nts of the lots, tr acts, pieces and pa rcels of la nd lying within the bo unda- r ies of the assessment district shall at all times hereafter be e n- titled to the use an d benefit of the main tr unk s anitary sewers to be constructed herein, subject to s uch reason able rates, r ules and regu- la tion s as a re n ow or m ay hereafter be established by the City, a nd subject to the paymen t of such reasonable co nnectio n charg es as may n ow or hereafter be established in order to compensate fo r the use of said facilities as local collecting lines. by proximate properties or to compe nsate the City for the use of its transmissio n, o utfall and trea tm en t wor ks, exclusive of those to be constructed herein. Right, permission , privilege and authority a re hereby given a nd grant ed to the present an d fu ture owners an d occupan ts of the lands withi n said a ssessment district to open an d con nect all main ,lateral and other sewer s which ma y hereafter be con structed within the sa id district in to and with the said main trun k san itary sew er s, su bject to the r easonable r ates, ru les, regulation s and conn ection char ges referred to abov e. It is fu rther recogn ized tha t in or der for the pro perties herein proposed to be assessed to obtain the benefits which the water supply system facilities herein describe d are designed to confer, a dditional distribution and storage fa cilities will ha ve to be con- str ucted. It is therefor e resolv ed that the additional fa cilities necessary to prov ide ser vice will hereafter be constructed by the City by mean s of special assessmen t proceedings, subdiv iders' cash, city a dvan ces or other appropriate method, and tha t all lan ds, ea semen ts or rights of way necessary therefor will be acquired by gift, purchase, • •• • • • • • • • • • • • • • • • • 4 • • • • • c onde mnation or othe r appropriate method. The owners and occ upants of the lots, tr acts, pieces and parcels of l and lying withi n the b ound a- ries of the assessment dist rict shall at all times hereafte r be entitled to the use and b enefit of the water s upply system f acilities to be con- str ucted herei n, subject to s uch reasonable rates, r ules a nd regula- tions as are now or may hereafte r be establish ed by the City, and sub- ject to the payment of such reasonable con nection charges as m ay now or herea fter be established in orde r to compe nsate for the use of said facilities as local distribution f acilities by p roximate properties or to compen sate the City for the use of its main wat er supply and tr ansmission system, exclusive of those to be constructed he rein. Right, permission, pr iv ilege and authority a re hereby gi ven a nd granted to the present and future owners and occupants of the lands withi n said assessment district to open a nd connect all water mains a nd ser- v ices which may her eafter be constructed within the said district, into and with the sa id water su pply system facilities, subject to the reaso n- a ble rates, rules, regulations an d con nection charges referred to abo ve. 11. Said Council further decla res tha t all public streets, high- w ays, lan es a nd a lleys within said assessment district in use in the perform ance of a public function as su ch, shall be omitted from the assessm ent herea fter to be made to cov er the costs and expenses of said acquisitions an d improvements. 12. Notice is hereby given that serial bonds to repre sent un paid assessmen ts, an d be ar interest at the r ate of not to exceed six per cent (6%) per annu m, will be issu ed hereun der in the ma nner provided in Bond Plan B, Ar ticle 3, Chapter 6, of Or dinance No. 1928, The Palo Alto Improvement Pr ocedu re Code, adopted by said Council on April 11, 1960, the last installment of which bon ds shall matur e not to exce ed fou rteen (14) years fr om the second day of July next succeeding ten mon ths fro m their da te. 13. Except as her ein otherwise pr ovided for the issua nce of bonds, all of said work shall be done as provided in Ar t. A.cle 4 of Chapter 5. of said Code. • • • • • • • 5 • e 14. Reference is hereby made to p roceedings had p ursu ant to Division # of the Strsets and Highways Code on file in th e office of the City Clerk. 15. Said acquisitions and improvements are hereby referred to the City Engi nee r of said City, as the officer hav ing charge and con- trol of th e acquisition and co nstr uctio n of public imp ro veme nts in an d for said City of the kind described herein, and bei ng a c ompete nt per so n employed by s aid City f or that purpose; and said City Engineer is her eby directed to make and file with the City Clerk of this City a r eport in writing, prese nti ng the following: a) Plans and specific ations of the proposed improvements to be made pursuant to this Resol utio n; b) Engineer 's estimate of the total costa and expenses of said a cquisition s and improvements a nd of the incide nt al e xpenses in con nection ther ewith; c) Diagra m showing the assessment district abo ve refe rred to, an d a lso the boun dar ies an d dimen sions of the respective subdivi- sions of land within said district as the same existed at the tim e of the passage of this Resolution , ea ch of which subdivisions shall be giv en a separa te number upon said diagram; d) A propo sed assessment of the total amount of the coats a nd expen ses of the pro posed acquisitions and improve men ts (other th an the portion to be con tributed by the City) u pon the several subdivi- sion s of land within said district in proportion to the estimated benefits to be receiv ed by su ch subdiv isions, r eepeotively, from said acqu isition s an d impr ovemen ts, a nd of the expenses incidental thereto; e) Maps and descriptio ns of the lands, easements an d rights to be acqu ired. 16. If any excess shall be realized from the assessment it shall be spent for the main ten ance of said a cqu isitions an d impr ov ements unless the Council shall her eafter dete rmine tha t said amoun t, or any part the reo f, shall be applied as a credit to each assessment her ein. * * * * 6 X hereby ce rtify that the foregoing is a.fu1l, t rue a nd correct copy of a resol ution duly passed and adopted by the City Council on May 28, 1963, at an adjourned m eeting of the City of Palo Alto, California haV thereof held on the 27th day of M ay , 1963 , by the following vote of the members thereof: AYES, and in favo r thereof, Co uncilmen: Arn old, Bish op, Byxbee Cresap, Dias, Rodgers, Rohrs, Rua, Woodward, Zweng NOES, Cou ncilmen: Dabs ABSENT, Cou ncilmen: Marshall, P orter, Stephens APPROSZED : &444145 M.yor City Clerk of the City of Palo Alto