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HomeMy WebLinkAboutRESO 45662-14-72-45 ORIGINAL RESOLUTION NO. 4566 A RESOLUTION OF PPELIMINARY DETERMINATION AND OF INTENTION TO· ACQUIRE AND CONSTRUCT IMPROVEMENTS GREEN ACRES I UNDERGROUND UTILITIES CONVERSION RESOLVED, by the Council of the City of Palo Alto, California, as follows: 1. That it does hereby preliminarily determine that the public interest, convenience and necessity require, and that it intends to order work to be done, acquisitions and improvements to be made, as follows, to wit: a) The conve~3ion or existing overhead electric power facilities or the City or Palo Alto and the exist- ing overhead telephone facilities of the Pacific Telephone and Telegraph Company to underground locations to serve all of the properties along Pomona Avenue :from near Arastradero Road to Glen- brook Drive, Fairmede from Pomona Avenue to Los Palos Avenue, Los Palos Place, Los Palos Avenue from near Arastradero Road to Glenbrook Drive, Glenbrcok Drive from the property line of the Terman Junior High School for its full length, and the property of the Terman Junior High School, by the construction of primary and secondary facili- ties, splice boxes, transformer vaults and street lighting i'?cilitiea, and the performance of all work necessary to change over all or the existing service connections to the new underground systems. '' b} The acquisition of all lands and easements and the construct1on or all work auxiliary to any or the above and necessary to complete the same, including the removal and disposal or all overhead poles and racil1t1es. 2. To the extent that work, rights, improvements or acqui- sitions indicated in the Engineer's Report, to be made as provided herein, 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 or any public utility, it is the intention or the legislative body to enter into an agree- ment or agreements with the public agency or public utility or both pursuant to Chapter 2 (commencing with Section lOlQ~) or D1Vis1on 12 • of the Streets and Highways Code, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the -in- stallation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said work, rights, improvements or acquisitions .bY said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken tor the levy of the assessments and sale of bonds and funds are available to carry out the terms or any such agreement or agreements. 3. All of the blocks, streets and alleys herein mentioned are shown on llklPS of record in the office of the County Recorder of santa Clara County, State of California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 4. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the 1ntersec- t1ons 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 or said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions 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 or such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 7. Sa~d Coun~il 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 2 .. • 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 fini:~hed work to a grade different 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. 9. The descriptions 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. The plans and profiles of the work and maps and descriptions as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 10. The City will contribute an amount equal to seventy-five percent {75~) of the cost and expenses incidental to the construction of underground electrical facilities in public streets and utility easements. said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the balance or the costs and expenses thereof (other than such aw.ount as may be 'contributed by The Pacific Telephone and Telegraph Company) are made chargeable upon an assessment district, the exterior boundaries of which district are the composite and con- solidated area as more particularly shown on a map thereof on file in the office of the City Clerk, (identified as "Proposed Boundaries -of Green Acres I Underground Utilities Assessment District No. 15, City of Palo Alto, Califorl~a 11 ) to which reference is hereby made for further particulars. said map indicates by a bolindary line the extent or the territory included in the proposed district and shall govern for all details as to the extent or the assessment district. 11. Said Council further declares that all public streets, highways, lanes and alleys within said assessment district in use in the performance of a public function as such, shall be omitted 3 • from the assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 12. Notice is hereby given that serial bonds to represent unpaid assessments, and bear interest at the rate of not to exceed seven percent {7~) per annum, will be issued hereunder in the manner provided in Bond Plan B, Section 13.16.110 of the Palo Alto Municipal Code, analagous to the Imprcvement Bond Act or 1915, Di~ision 10 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed nine (9) years from the second day of July next succeeding ten months from their date. 13. 'Except as !lereln otherwise provided for t;he issuance or bonds, all of_said work shall be done as provided in Section 13.12.o40 or said Code, being analagous to the Municipal Improvement Act or 1913, Division 12 of the Streets and Highways Code, and Section 13.12.010 or said Code, providing a procedure for compliance with Section 17 of Article XIII of the Constitution of the State of Calif'ornia. 14. said acquisitions and improvements are hereby referred to the City Eng1ne~r of said City as the officer having charge and control or the acquisitions and construction of pu~lic improvements in and for said City or the kind described herein, being a competent person employed by said City for that purpose, and said City Engineer is hereby directed to make and file with the City Clerk of said City a report in writing, presenting the following: (a) Maps and descriptions or the lands and easements to f be acqui1•ed; · (b) Plans and specifications of the proposed improvements to be made pursuant to this Resolution; (c) Engineer's estimate or the total costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; 4 ~-------------------------------. . • • (d) Diagram showing the assessment district above referred to, and also the boundaries and dimensions of the respective subdivi- sions of land Within said district as the same existed at the time or the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment or the total amount {after deducting contributions) or the costs and expenses of the proposed acquisitions and improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improve- ments, and of the expenses incidental thereto. When any portion or percentage or 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 0£ said acquisi- tions and improvements, and said assessment shall include only the remainder or the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (d) or this section. 15. Notice is hereby given that, 1n the opinion of the Council, the public interest will not be served by alloW1ng the property owners to take the contract ror the construction ot the improvements and that, pursuant to Section 10502.4 ot the Streets and Highways Code, no notice of award or contract shall be pubh ... ·::ed. 16. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine, 1n accordanca with the provisions or 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 assess- ment. * * * * * * 5 . " .. • • I hereby certify that the foregoing 11 a tull. true and correct copy or a resolution duly pa11ed and adopted by the Council of the City ot Palo Alto, Caliton"iia. at a meeting thereof held on the 28th day ot February lgr.I., by the following vote ot the members thereof: APPROVED: AYES, and in favor thereot, Councilmen: NOES, ABSENT> Miyor UNANIMOUS Councilmen: N ... ne Councilmen: None city er1t of~ city ot-Piio XiEo