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Home My WebLink AboutRESO 4445. . that • 9rML:KJ'mh 3-25-71-25 ORIGINAL RESOLUTION NO. 4445 A RESOLUTION OF INTE?f.:'ION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS EMBARCADERO WAY EXTE~SION ASSESSMENT DISTRICT PROJECT N0.70-61 RESOLVED, by the Council of the City of Palo Alto, California, 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, to wit: a) The improving of Embarcadero Way from the south- easterly terminus of the existing imp1~vementa southeasterly about 213 feet by grading and the construction therein of pavement, cu~bs, gutters, sanitary sewer mains, storm sewers, underground power system, and street lighting, together with the acquisition of all lands and easements neces- sary therefor. b) The acquisition of all lands and easements and the construction of all work auxiliary to any of the above and necessary to co?nplete the same. _ 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent 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 office of the County Recorder of the County of Santa Clara, California, and shall be shown upon the plans here- in referred to and to be filed with the City Clerk of said City. 4. All of said worlt 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 h,reinafter pr~vided. 5. Notice is hereby given of the fact that in many cases .-_dai.h work and i?nprovement will bring the finished 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. 6. There is to be excepted from the work herei'.1 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. 7. Said Council does hereby adopt and establish as the offi- cial grades-fo~ said work the grades and elevations to be shown upon said plans, profiles and specifications. All such grades and eleva- tions are to be in feet and decimals thereof with reference to the datum plane of the City of Palo Alto. 8. The descriptions of the acq~isitions 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 the maps and descriptions, as contained in the Engineer's report, shall be controlling as to the correct and detailed de- scription thereof. 9. Said contemplated acquisitions and improvements, in the opinion of this Council, are e>t more than local or ordinary public benefit, and the costs and expenses thereof are made chargeable upon an assessment district, the exterior boundaries 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 for further particulars. Said map indi- cates by a boundary lj.ne the extent of the territory included in the proposed district and shall govern for all details ae to the extent ot the assessment district. 10. SaiQ Council further declares that all EUblic streets and highway~ within said assessment district in use in the per- formance of a public function as euch shall be omitted from the 2 • • assessment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. 11. Notice is hereby given that s~rial bonds to represent the unpaid assessments, and bear interest at the rate of not to exceed 5even percent (7~) per annum~ will be issued hereunder in the manner provided in Bond Plan B, Section 13.16.110 of Chapter 13.16 of Title 13 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 nine (9) years from the second day of July next suc- ceeding ten months from their date. The provisions ~t Part 11.1 of the Improvement Bond Act of 1915 (Division lC of the Streets and Highways Code), providing an alteniative procedure for the advance payment of assessments and ~he calling of bonds, shall apply. 12. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the pro- visions of Section 13.12.040 of Chapter 13.12 of Title 13 of said Municipal Code (analogous tQ the Municipal Improvement Act of 1913). 13. 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. 14. Said proposed acquisitions and improvements are hereby -referred to the City E=lgineer, being a competent person employed by said City for that purpose; and said Engineer is hereby.directed to make and file with the City Clerk of said City a report in writ- . ing, preaenti~ the following: a) Plana and specifications of the proposed improvementP. to be made pursuant to this Resolution of Intention; b) Engineer'• statement of the itemized and total_ estimated costs and expe~aes of said acquisitions And improvements and of the incidental expenses in connection therewith;_ c) Diagram showing the assessment district above referred to, 3 • • and also the boundaries and dimensions ot the respective subdivi- sions of land ~ithin said district as the same existed at the time of the passage ot this ~esolution of Intention, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment or the total amount o~ the costs and expenses or the proposed acquisitions and improvements upon the several subdivisions of l&nd in said district in proportion to the est1matPd benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses inci- dental thereto; e) Maps and descriptions or the lands and easements to be acquired. When any portion or {l.arcentage of the cost and expenses of the acquisitions and improvements is to be paid from aou!'¢ea other than a.saessments, the amount of such portion or percentage shall first be deducted from the total estimated cost and expenses of eaid acquisitions and improvements, and said assessment shall include only the remainder of the estimated cost and e.xpenaaa. Said assessment shall refer to said subdivisions by their reepective numbers .is assigned pursuant to subdivision (c) o'f' this Section. 15. Hot1ce is hereby given th~t ~n the opinion ot the Council, the public interest will not be served oy all.owing the property owners to take the contract tor the construction ot the improve- ments and that, pursuant to Section 10502.4 of the Streets and Highways Code, no notice of award of contract shall be published. 16. It any excess shall be realized from the aa1e•111ent, it shall be uaed, in such amounts aa the Couneil may dete:raine, in accordance with the provisions ot law, tor one or more ot the tol- lowing purpo1e1: ~) Tran1ter to the general fund or the City, provided that the amount ot any such transfer ah.all not exceed the leaaer ot $1,000 or s• ot the total amount expend-'d from the 1.aprove•nt tund; 4 • • b) As a credit upon the assessment and any supplemental assessment; or c) . For the maintenance of the improve,1ents. * * * * * * I hereby certify that the foregoing is a full, true and cor- rect 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 l 9th day of April , 1971, by the following vote of the members thereof: AYES,, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark, Comstock, Dias, Gallagher, Norton, Pearson, Wheatley NOES, ABSENT, APPROVED: Councilmen: None Councilmen: Spaeth ~ I • ' 1 d:/~, ~ az. fun ' ActingCity Clerk of ~e cyOilo Alto 5 e e_ • \~~ M~~<--'-