HomeMy WebLinkAboutRESO 4067WJML:KIJ:mf 12/1/67 55C
ORIGINAL
RESOLUTION NO.
4067
A RESOLUTION OF PRELIMINARY DETERMINATION
AND OF INTENTION TO ACQUIRE AND CONSTRUCT
IMPROVEMENTS
GREEN ACRES II UNDERGROUND UTILITIES CONVERSION
PROJECT NO. 66-6
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 conversion of existing overhead electric power
facilities of the City of Palo Alto and the existing
overhead telephone facilities of The Pacific Telephone
and Telegraph Company to underground locations to
serve all of the properties along Hubbartt Drive from
near Arastradero Road to Georgia Avenue, Georgia Avenue
from the southerly boundary of Green Acres II Subdivi-
sion to its northerly terminus, Willmar Drive from
near Arastradero Road to Donald Drive, Donald Drive
from near Arastradero Road to Georgia Avenue, Maybell
Avenue from Donald Drive to a point about 210 feet
northerly of Maybell Way for its entire length, by
the construction of primary and secondary facilities,
splice boxes, transformer vaults and street lighting
facilities, and the performance of all work necessary
to change over all of the existing service connections
to the new underground systems.
b) The acquisition of all lands and easements and the
construction of all work auxiliary to any of the
above and necessary to complete the same, including
the removal and disposal of all overhead poles and
facilities.
2. It is intended by the Council of said City to enter into
an agreement with The Pacific Telephone and Telegraph Company,
which agreement will provide for the ownersiip by said Company of
underground telephone faciliUes in said City to be installed by
said Company, and for the providing of service to the properties in
said area by said Company in accordance with its rates, rules and
regulations, and that said agreement shall become effective after
proceedings have been taken for the levy of the assessments and sale
of bonds and funds are available to carry out its terms.
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3. All of the blocks, streets and alleys herein mentioned are
shown on maps 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 intersec-
tions 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 of 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
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 for said work the grades and elevations to be shown
upon said plans, profiles and specifications. All such grades and
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 finished work to a grade differ-
ent 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 Engineers' report,
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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 construc-
tion of underground electric&.. 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 of the costs and expenses thereof
(other than such amount as may be contributed by The Pacific Tele-
phone and Telegraph Company) are made chargeable upon an assessment
district, the exterior boundaries of which district are the com-
posite and consolidated 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 11 Underground Utilities Assess-
ment District --Project No. 66-6, City of Palo Alto, California")
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 district and shall govern for all details as to the
extent of 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
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
six percent (6%) per annum, will be issued hereunder in the manner
provided in Bond Plan B, Section. 13.16.110 of the Palo Alto Munici-
pal Code, analagous to the Improvement Bond Act of 1915, Division
10 of the Streets and Highways Code, the last installment of which
bonds shall mature riot to exceed nine (9) years from the second day
of July next succeeding ten month from their date.
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13. Except as herein otherwise provided for the issuance of
bonds, all of said work shall be done as provided in Section 13.12.040
of said Code, being analagous to the Municipal Improvement Act of
1913, Division 12 of the Streets and Highways Code, and Section
13.12.010 of said Code, providing a procedure for compliance with
Section 17 of Article XIII of the Constitution of the State of
California.
14. Said acquisitions and improvements are hereby referred to
the City Engineer of said City as the officer having charge and con-
trol of the acquisitions 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 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 of the lands and easements to
be acquired;
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution;
(c) Engineer's estimate of the total costs and expenses
of said acquisitions and improvements and of the incidental expenses
in connection therewith;
(d) Diagram showing the assessment district above referred
to, and alsc 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;
(e) A proposed assessment of the total amount (after
deducting contributions) of 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 improvements, and of the expenses incidental thereto.
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15. Notice is hereby given that, in the opinion of the Council,
the public interest will not be served by allowing the property owners
to take the contract for the construction of the improvements and that,
pursuant to Section 10502.4 of the Streets and Highways Code, no
notice of award of contract shall be published.
16. If any excess shall be realized from the assessment it shall
be used, in such amounts as the Council may determine, in accordance
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.
* * * * * *
S 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
22 day of January
vote of the members thereof:
, 196 8 , by the following
AYES, and in favor thereof, Councilmen:
Arnold, Clark, Comstock, Cooley, Dias, Gallagher, Pearson, Spaeth
NOES, Councilmen: none
ABSENT, Councilmen:
Beahrs, rwald, Wheatley
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