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HomeMy WebLinkAboutRESO 4230• ORIGINAL • WJML: KJmh 4-1-69-25 RESOLUTION NO, 4230 A RESOLUTION OF INTENTION TO ACQUIRE IMPROVEMENTS FOOTHILLS GAS SYSTEM ASSESSMENT DISTRICT RESOLVED, by the Council of the City of Palo Alt.), California, that 1. It does hereby preliminarily determine that the public interest, convenience and necessity require, and that it is the intention of said Council to order the acquisition of rights of service and use in the gas system of the City, including the improve- ments thereto more particularly hereinafter described. 2. All of the blocks, streets and alleys herein mentioned are shown on maps of record in the office of the County Recorder of the County of Santa Clara, State of California. 3. 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 has actually been performed therein. 4, All of said work and improvements have been constructed at the places and in the locations set forth in the general description thereof set forth in the Engineer's Report. 5. The descriptions of the acquisitions and the termini of the work contained in this Resolution are general in nature. Al items of work do not necessarily extend for the full length of the description thereof. The maps and descriptions, and the work as it actually exists and as contained in the Engineer's Report, shall be controlling as to the correct and detailed description thereof. 6. Said acquisitions are more particularly described as follows, to wit: cc • • Primary Supply System An existing pipeline through the Interstate 280 Highway Interchange on Page Mill Road, together with the surplus capacity constructed in Gas Distribution Station No. 3 located near Page Mill Road and Matadero Creek, steel gas trans- mission pipe and appurtenances from Gas Distri- bution Station No. 3 near Page Mill Road and Matadero Creek generally southerly and southwest- erly in easements acquired across the lands of Stanford University to near the City limits of the City of Palo Alto, thence continuing south- westerly in easements acquired herein to the gas pipeline at the Interstate 280 Highway Inter- change referred to above; and from the southerly terminus of said pipeline generally in, along and parallel to Page Mill Road to and across Arastradero Road, thence westerly and northwest- erly generally parallel to Arastradero Road to a point approximately 2200 feet from Page Mill Road, thence southwesterly in easements acquired herein to the westerly boundaries of the Palo Alto Hills Golf & Country Club property. Gas Service System to the Alexis Drive Area A secondary supply gas pipeline and appurtenances from the southwesterly terminus of the last men- tioned pipeline at the property line of the Palo Alto Hills Golf & Country Club, generally south- westerly in easements acquired herein across said Country Club property to its easterly boundary, together with a complete gas distribution system including gas service connections in Alexis Drive, Bandera Drive, Country Club Court and such public utility easements as are necessary to provide complete gas distribution service to all of the properties within the subareas identified as Subareas 6, 7, 8 and 9 on the map showing the boundaries of the proposed assessment district hereinafter referred to. Gas Service System to Stanford and American Institute for Research Area A secondary gas supply pipeline and appurtenances from the point on the primary supply system above described on Arastradero Road from which said primary supply system line leaves Arastradero Road southwesterly, generally westerly, southerly and westerly along Arastradero Road to the most west- erly City limits line of the City of Palo Alto en Arastradero Road. General The acquisition of all lands and easements and rights of service and use auxiliary to any of the above and necessary to complete the same. 2 • • Said Council further declares that all public streets, h".gnways, lanes and alleys within the assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and expenses of said acquisitions. 8. The Council intends to advance to the project that portion of the cost thereof which represents the capacity in the system neces- sary to provide future service to lands identified as Subarea 10 and Subarea 11 on the map showing the boundaries of the proposed project area hereinafter referred to, which lands are now outside the City limits of the City of Palo Alto. 9. A charge for the privilege of connecting to the City's gas system is hereby established as a condition to the providing of gas service in said Subareas 10 and 11 in the amount of $75.13 per acre, said charge to be included in and collected as part of any special assessments which may hereafter be levied for the ext.r+_sion of secondary supply system facilities or distribution facilities into sad areas; provided, however, that the establishment of said charge and the provision for collection thereof as set forth in this Reso- lution shall not preclude the Council from the establishment and collection of other and different and additional charges for such connection, the charge established in this section being for the sole purpose of charging said Subareas with the portion of the cost of the design capacity of the facilities provided pursuant to this Resolution which is attributable to said Subareas. 10., The balance of the costs and expenses of said contemplated acquisitions, in the opinion of said Council, are of more than local or ordinary public benefit and are made chargeable upon an assess- ment district, the exterior boundaries of which district are the composite and consolidated area (exclusive of said Subareas 10 and II) as more particularly shown on a map thereof on file in the office of the City Clerk, entitled "Map Showing Boundaries of Proposed Project 3 • . Area, Foothills Gas System, Project No. 68-82", to which reference is hereby made for further particulars. Said map indicates by a boundary line the extent of the territory included in the proposed project area, which includes the assessment district, and shall govern for all de- tails as to the extent of the said area and assessment district. 11. The Council hereby declares that the City intends to further advance to the project that portion of the cost thereof represented by assessments against the portion of the assessment district identified as Subarea 1 (Sunset property), Subarea 4 (Mullen property), Subarea 5 (Schnell property), Subarea 10A (Stanford University property) and Subarea 12 (private lands) on the map showing boundaries of the pro- posed project area above referred to, all from available funds with- out the issuance of bonds. The City has paid that portion of the cost of the project represented by said assessments as such costs accrued and has thereby succeeded to all rights under the assessments and to all rights which would have accrued under the bonds had they been issued. The right is reserved, however, to issue bonds to represent the unpaid portions of said assessments, or to commence the collection of said assessments in installments with interest, at any time after notice is given as required by subsection (k) of Sec- tion 13.04.170 of the Palo Alto Municipal Code. 12. It is hereby recognized by the Council that in order for the properties herein assessed to obtain the benefits which the gas facilities herein proposed are designed to confer, additional distri- bution facilities and service connections will have to be constructed It is therefore resolved that the additional facilities necessary to provide service will hereafter be constructed by the City by means of special assessment proceedings, subdividers' cash, City advances or other appropriate method, and that all lands, easements or rights of way necessary therefor will be acquired by gift, purchase, condemna- tion or other appropriate method. The owners and occupants of the 4 lots, tracts, pieces and parcels of land lying within the boundaries of the assessment district shall at all times hereafter be entitled to the use and benefit of the Primary and Secondary supply lines to be constructed herein, subject to such reasonable rates, rules and regulations as are now or may hereafter be established by the City, and subject to the payment of such reasonable connection charges as may now or hereafter be established in order to compensate for the use of said facilities as local distribution lines by proximate properties or to compensate the City for the use of its transmission and distribution center works, exclusive of those to be constructed herein. Right, per- mission, privilege and authority are hereby given and granted to the present and future owners and occupants of the lands within said assess- ment district to open and connect all gas pipeline facilities which may hereafter be constructed within the said district into and with the said primary and secondary supply lines, subject to the reasonable rates, rules, regulations and connection charges referred to above. 13. Notice is hereby given that serial bonds to represent unpaid assessments and bear interest at the rate of not to exceed seven per cent (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, 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. 14. 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. 15. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions shall be done as provided in Section 13.12.040 of Chapter 13.12 of Title 13 of said Code. 16. Said acquisitions are hereby referred to the City Engineer of said City, as the officer having charge and control of the 5 • • acquisition and construction of public improvements in and for said City of the kind described herein, 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 a report in writing, presenting the following: a) A general description of the works and appliances already installed and any other property necessary or convenient for the operation of the improvements; b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and of the incidental expenses in connection therewith; c) 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 of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions upon the several subidivions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions Paid improvements; e) Maps and descriptions of the lands and easements to be acquired. Whenever any portion or percentage of the cost and expenses of the acquisitions 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 said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 6 • • acquisition and construction of public improvements in and for said City of the kind described herein, 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 a report in writing, presenting the following: a) A general description of the works and appliances already installed and any other property necessary or convenient for the operation of the improvements; b) Engineer's statement of the itemized and total estimated costs and expenses of said acquisitions and of the incidental expenses in connection therewith; c) 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 of the passage of this Resolution, each of which subdivisions shall be given a separate number upon said diagram; d) A proposed assessment of the total amount of the cost and expenses of the proposed acquisitions upon the several subidivions of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements; e) Maps and descriptions of the lands and easements to be acquired. Whenever any portion or percentage of the cost and expenses of the acquisitions 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 said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdivisions by their respective numbers as assigned pursuant to subdivision (c) of this section. 6 • 1 17. If any excess shall be realized from the assessment, it shall be used, in such amounts as the Council may determine, in accord- ance with the provisions of 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 assessment. 18. Resolution No. 11152, A Resolution of Preliminary Determination and of Intention to Acquire and Construct Improvements, adopted by said Council on August 12, 1968, is hereby rescinded. * * * * 1 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 7th day of April , 1969, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Arnold, Beahrs, Berwald, Clark, Comstock, Gallagher, Pearson NOES, Councilmen: None ABSENT, Councilmen: Dias, Gullixson, Spaeth, Wheatley APPROVED: ayor APPROVED: C �� (perk of the City of Palo Alto 7