HomeMy WebLinkAboutRESO 4812•
RF.SOLUTION NO. 4812
A RESOLUTION OF INTENTION TO
CONSTRUCT IMPROV!JfENTS
DOwNToWN BEAUTIFICATION AND LIGHTING
PROJECT NO. 71-80
RESOLVED, by the Council of the City of Palo Alto,
Califoniia, that
1. In its opinion the public interest and convenience
require and that it is the intention of said Council to order
the improvements more particularly hereinafter described. -
2. Whenever any public way i~ ~erein referred to a run-
ning between two public ways, or from or to any public way, the
intersections of the public ways referred to are included to
the extent that work shall be ahown on the plans to be done
therein.
3. Said streets and highways are more particularfy shown
in the records in the of~1ce of the County Hecorder of the
County ~! Santa Clara, Cal1foni1a, and shall be shown upon the
plans herein referred to and to be filed with the City Clerk
of said City.
. -4. All of said work and improvements are to be constructed
at the places and in the particular locations, ot the forms,
sizes, dimensions and materials, and at the lines, grades and
el~vations aa a~own and delineated upon the p1$11s, profiles and
specifications to be made therefor, as herein•tter provided.
~, There 1a to be excepted from the work herein described
any of auch work alreadY' done to line and grade and marked
excepted or shown not to be dorie on said plan•, prof'i1ea and
apec1f1cationa.
6. Said improvements are more particularly described as
follows, to wit:
a)
b)
c)
• •
~e improving of University Avenue from Alma
Street to Webster Street by the planting of
trees in tree islands in the parking area,
together with flowering shrubs, perennials and
annuals, with ad.jacent planting areas, and an
automatic clock-controlled irrigation system;
expansion of sidewalk areae at the four corners
of the cross-street intersections of Emerson
Street, Bryant Street, Waverly Street and Cowper
Street, and the construction of walks, ramps,
benches, trellises with concealed lighting,
newsracks, trash containers, newspaper ane
bicycle racks; the construction-of a brick
strip next to ~he curb along the ·street front-
age between intersections; the construction of
concrete crosswalks with scored pattern at the.
intersections of Emerson Street, Bryant Street,
Waverly Street and Cowper.Street, with repaving
or the street areas bounded by the crosswalks
and relocation of" storm d1·ain catch basins and
piping; the constr,1ct1on of a new street light-
ing system, including new poles and
luminaires; relocation of traf~ic signals and
ecntrols; and n~w street signs.
The improving of Lytton Avenue and Hamilton
Avenue from Alma Street to Tasso street, High
Street, Emerson Street, Ramona Street, Bryant
Street, Waverly Street, i..nd Cowper Street from
Lytton Avenue to Hamilton Avenue, Florence Street,
Kipling Street and Tasso Street from Lytton
Avenue to University Avenue, by the planting of
trees within th~ ~14ewalk strip and the replace-
ment of existing luminai:res to increase and improve
the lighting level •.
The acquisition of all rights and the construction
and reconstruction of all improvements auxiliary
to any of the above and necessary to complete the
same.
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• • 7. Notice is hereby given of the f~ct that in many cases
said work and improvement will bring the finished work to a grade
d1fterent from that formerly existing, and that to said extent
said grades are hereby changed and that said work will be done to
said changed grades.
8.. Said Council does hereby adopt and establish as the of-
ficial grades for said work the grades 8.rld elevations to be shown
upon said plans, profiles and specifications. All such grades
and elevations are to be 1n feet and decimals thereof Aith refer-
ence to the datum plane of the City of Palo Al_to.
9. In cases where there is any diqparity in level or size
between the improvements proposed to be made herein and private
property and wher~ it is more economical to eliminate such dis-
parity by work on said private property than by adjustment of the
work on public p_roperty, it is hereby determined that 1 t is in the
public interest and more econom1c3l to do such ~ork on private
property to eliminate such disparity. In such cases, said work
on private property shall, with the written consent or the owner
or 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. Notice·is hereby given that it is the intention of the
·'
Council to consider adoption of an ordinance authorizing contribu-
t~ons by the City from any sources ot revenue not otherwise pro-
hibited by law. or any specified amount, portion or percentage of
' ,
such revenues, for the purpose or acquisition or construction or
improvements, the acquisition ot interest in rea_l property and the
payment or expens~s incidental thereto ~or the use and benefit of
the assessment district, and to consider authorizing application
of such revenues as a credit upon the assessment.
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11 •. The descriptions of the improvements and the termini of
the work contained in this Resolution ar~ general in nature. All
items of work do not necessarily extend for the full length of the
description thereof. The plans and p~ofiles of the work, as con-
tained in the Engineer's report, shall be controlling as to the
correct and detailed description thereof.
12. Said contemplated improvements, in the opinion of said
Council, are of more than local or ordinary public benefit, and
the costs and expenses thereof are made chargeable upon an assess-
ment district, the exterior bounda~1es of which are the composite
and consolidated area as more particularly shown on a map thereof
on file in the office of the City Clerk, to which reference is
hereby made tor further particulars. S&id 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 dist1':\ct.
13. Said Council further declares that all public street~,
highways and properties within said assessment district in use in
the performance of a public function as such shall be omitted from
the assessment he·rearter to be made to cover the costs and expenses
ot aaid imprcvements.
14. Notice is hereby given that aerial bonds to represent the
unpaid assessments and bear interest at the rate of not to exceed
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seven percent (7~) per annum, will be issued hereunder in the
manner provided in Bond Plan B, Section 13.16.110 of Chapter
13.16 or Title 13 of the Palo Alto Municipal Code, analogous to
th~ Improvement Bond Act of 1915, Division 10 of the Streets and
Higuways Code, the last installment or which bonds shall mature
not to exceed fourteen (14) years from the second day of July
next succeeding ten (10) months from their date.
15. Except as herein otherwis~ provided for the issuance or
bonds, all of said improv~ments shall be done pursuant to the pro-
visions of Section l3.12.o40 of Chapter 13.12 of Title 13 of said
Code, analogous to the Municipal Improvement Act of 1913.
16. Reference is hereby made to proceedings had pursuant to
Division 4 of the Streets and Highways Code on file in the office
of the City Clerk.
17. Said proposed improvements are hereby referred to the
City Engineer, being a competent person employed by said City for
that purpose; and said Engineer is hereby directed to-' __ ite and
file with the C1~y Clerk a report in writing, presenting the fol-
.<'./,..·'' ·,·
lowing:
a} P1ana and specifications of the proposed improve-
ments to be made pursuant to thia Reso~ution ot Intention;
b} Engineer'• statement of t~e itemized and total
/ estimated costs and expenses or said improvement• and ot the
incidental expenses in connection therewith;
c) Diagram showing the asaeaament d1atr1ct above re-
ferred to, and ala~ the boundaries and d1Jllena1ona or the respective
l ~ l:
subdiv1a1ona of land within said diatr1ct aa th~ same existed at
the time of the ~aaage of this Reaolutiori of Intention, each of
which subdivision• s}'lall be given a separate number upon said
diagram;
d) . A proposed ••••••ment ot the total amount ot the
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• . . • ' . . • • . .
costs and expenses of the proposed improvements upon the ~everal
subdivisions of land in said district in proportion to the esti-
mated benefits to be received by such subdivisions, respectively,
from said improvements, and of the expenses incidental thereto.
When any portion or percentage of the cost and expenses
of the improvements is to be paid from sources other than assess-
ments, the amou..~t or such portion of percentage shall first be
deducted from the total estimated cost and expenses of said
improvements, and said assessment ehall include only the remainder
of the estimated coat and expenses. Said assessment snall refer
to said subdivisions by their respective numbers as assigned pur-
suant to subdivision (c) or this Section.
18. Notice is hereby given that in the opinion of' the Council
the public interest will: not be served by allowing ~he property
owners to take the contract for the conatrµction of' the improve-
ments and that, pursuant to Section 10502.4 of the Streets and
Highways Code, no notice nt •ward of contract shall be published.
19. If &ny excess shall be realized from the assessment it
shall be used, 1n such amounts aa the Council may determine, in
a~cordance 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 s• ot the total amount expended from the improvement
f'und;
b) As a credit upon the assessment and any supplemental
assessment; or
c) For the m&1ntenance of' the improvements.
* * * * * * * *
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I hereby certity that the toregoing is a tull, true and
correct copy ot a resolution duly paased and adopted by the
Council or the City ot Palo Alto, Calitornia, at a meeting
thereof held on the 20th day ot __ A_u_g_u_s_t ____ , 1973,
by the following vote of the members thereof:
AYES, and in favor thereof, Councilmen:
NOES,
ABSENT,
APPROVED:
Beahrs, Clay, Henderson, Norton, Pearson, Rosenbaum
Councilmen: None
Councilmen: Berwald, Comstoc'!<, Sher
Vice ~yor
APPROVED: