Loading...
HomeMy WebLinkAboutRESO 4152• VJML KJmh 7-29-68-35 ORIGINAL RESOLUTION NO. 4152 A RESOLUTION OF PRELIMINARY DETERMINATION AND OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS FOOTHILLS GAS SYSTEM ASSESSMENT DISTRICT RESOLVED, by the Co uncil of the City of P alo Alto, California, tha t 1. It does hereby prelimi narily dete rmi ne that the public inter est, convenience and nec essity require and th at it intends to order the wor k to be do ne and acquisitions and impro vements to be made, as mo re pa rticula rly described as follows, to wit: Primary Supply Sysk4 :m Part 1 - Existing System The acquisition of the right to servic e and use of an existi ng pipelin e throu gh the Intersta te 280 Highway Intercha nge on Page Mill Ro ad, together with the surplus c apacity constructed in Ga s Distribution Station No. 3 located near Page Mill Road and Matadero Creek. Pa rt 2 - New Construction The construction of ste el ga s tra nsmission pipe and appurtenances fr om Ga s Distribution Statio n No . 3 n ear Page Mill Road and Matadero Cre ek genera lly southerly and southwe sterly in easements to be acquir ed acro ss the lands of Stanford Unive rsity to ne ar the City limits of the City of Palo Alto, thence con tinuing so uthwesterly in easeme nts to be acquire d herein to the exist- ing gas pipeline at the In te rstate 280 Highway In tercha nge referr ed to in Part 1 abo ve; an d from the southerly terminus of said existin g pipeline generally in, alo ng and paralle l to Page Mill Road to a nd across Arastra dero Roa d, thence westerly and northw esterly gen erally parallel to Arastra der o Road to a poin t approximately 2200 feet from Page Mill Road, thence southwest- erly in easemen ts to be acquire d herein to the w esterly bo unda - ries of the Palo Alto Hills Golf & Coun try Club property. Ga s Ser vice System to the Alexis Drive Area The con structio n of a se co ndar y supply ga s pipeline a nd a ppurte- nan ces from the southwesterly terminus of the last mentio ned pipeline at the property line of the Palo Alto Hills Golf & Coun try Club, generally southwesterly in ea seme nts to be ac quir ed herein across said Coun try Club proper ty to its east- erly boun dar y, together w ith a complete gas distribution system including gas service connections in Alexis Driv e, Ban dera Driv e, Coun tr y Club Cou rt an d such public u tility ea se- me nts as are necessary to prov ide complete gas distribution ser vice to all of the properties w ithin the subarea s identified as Subareas 6, 7,, 8 and 9 on the map'sho wing the boundaries of the proposed assessment distr ict herein after re ferred to. • Gas Service Syst em to Stanfo rd and Ame rican I nstitute for Research Area The constr uction of a s econdary gas supply pipeli ne and appurtenanc es from the poi nt on the prima ry supply system described abov e on Arast rader o Road from which said primary supply system line leaves Arastr ade ro R oad southw esterly, generally west erly, south erly and westerly al ong Arast radero Roa d to the most westerly City li mits line of the City of Palo Alto on Arast radero Ro ad. Ge neral The acqu isition of all l ands and easeme nts and rights of ser vice a nd use and the construction of all w ork auxiliary to any of the above a nd necessary to co mplete the same. 2. All of the blocks, streets and alleys he rein mentioned are sho wn on ma ps of recor d in the office of the County Recorder of the Co unty of Sa nta Clar a, Sta te of Califor nia, and shall be sho wn on the plans herein refe rred to an d to be filed with the City Clerk of sa id City. 3. Whenever any public way is herein referred to as running betwe en two public ways, or fro m or to any public way, the int ers ec- tions of the public ways referre d to ar e in cluded to the ext ent that wo rk sha ll be shown on the pla ns to be do ne therein. 4. All of said work a nd impr ovements ar e to be constructed at the places and in the par ticu lar loca tions, of the forms, sizes, dimen sions an d mater ia ls, a nd at the lines, gra des and elevations as shown an d delin eated upon the pla ns,-ro files and specifications ' Co be made therefor, as hereina fter provided. 5. . Ther e is excepted from the wor k described a ny of such w or k already done to line and gr ade and marked exce pte d or shown not to be do ne on sa id pla ns, profiles and specifications. 6. Said Coun cil does hereby ado pt an d establish as the offi- cia l gra des for said work the gr ades an d elevations to be shown upon said plan s, profiles and specification s. All such grades and eleva - tions are to be in feet and decima ls ther eo f with reference to the da tu m plane of the City of Palo Alto. 1 7. Th e descripti ons of the acquisitions and impro vements and the termini of the work c ont ained in this Resolution are general in nature. All items of w ork do not necessa rily extend for the full length of the desc riptio n th ereof . Th e pl ans and profiles of the w or k and maps and desc ripti ons, as c ontained in the Engineer's report, sha ll be c ontr olling as to the correct and det ailed description the reof. 8. Said Council furthe r d ecla res that all public streets, highw ays, la nes and alleys within the assessme nt district in us e in the performance of a public function as such, shall be omitted fr om the assessment her ea fter to be made to c over the costs and exp ens ee of sa id acquisitions and impr ov ements. 9. The Council in ten ds to advance to the p roj ect th at portion of the cost thereof which re prese nts the capacity in the system neces- sary to pro vide future service to lands identified as Sub area 10 and Subarea 11 on the map show in g the bounda ries of the pr op os ed assess- me nt distr ict herein after r eferred to, which lands are now outside the City limits of the City of Palo Alto. 10. A charge fo r the privilege of connecting to the City's gas system is hereby e stablished as a co ndition to the providing of gas service in said Suba reas 10 and 11, in the amo unt of $ 110. 80 per a cre, said charge to be included in and collected as part of any specia l assessments which may he re after be levied for the extension of secondar y supply syste m facilities or distribu tion facilities into said a reas; pr ovided, however, that the establishmen t of sa id charge and the prov ision for collectio n there of as set forth in this Resolu tion shall no t pr eclude the Council from the esta blishment and collectio n of o ther an d different and additional charge s for such connectio n, the cha rge established in this section being for the sole purpose of cha rging said Suba rea s w ith the portion of the cost 1Qf the design capacity of the fa cilitie s pr ov ided pursua nt to this Re solu tion which is attributable to said Su bar eas. 3 11. The bala nc e of the costs a nd e xpens es of said contemplated acquisitions and improvements, in the opinion of said C ouncil, ar e of more than local or ordin ary public be nefit and are m ade chargeable upon an assessment district, the exterior boundaries of which district are the co mposite and cons olidated area as mor e pa rticul arly shown on a map ther eof entitled "Map Sh owing Bounda ri es of Pr oposed Ass essment District, Foothills Gas System", on file in the offic e of the City Clerk, to which r eference is hereby made f or further particula rs . Sa id ma p indica tes by a boundary line the extent of the territ ory included in the proposed district and shall gover n f or all det ails as to the ex tent of the a ssessmen t district . 12. The Cou ncil hereby decla res that the City inte nds to fur the r advance to the pro ject that portion of th e cost thereof re prese nted by asse ssments again st the portion of the assessment dis- trict identified as Subarea 1 (Sunse t property), Subarea 4 (Mullen pro pe rty), Subarea 5 (Schnell pro perty), Subar ea 10A (Stanford Un iver sity property) and Subar ea 12 (private lands) on th e map show- ing boundar ie s of the propose d assessment distr ict above referred to, all from a vailable funds witho ut the issuance of bo nds. The City shall pay tha t portio n of the cost of the pr ojec t repr esented by said assessments as such costs acru e an d sha ll succeed to a ll rights un der the assessmen ts and to a ll rights which would have accrued under the bonds ha d the y been issue d. The right is reser ved, how - ever, to issue bonds to represent the unpaid portion s of said assess- ments, or to comme nce the c ollec tion of said asses sments in install- ments with inter est,at any time after notice is given as required by subsection (k) of Sectio n 13.04.170 of the Palo Alto Municipal Code. 13. It is hereby recognized by the Council that in order fo r the proper ties herein assessed to obtain the benefits w hich the gas facilities her ein propo sed a re designed to confer , addition al distri- butio n facilities and serv ice con nections will have to be constructed. 4 • • • It is the refore resolved that the additional facilities necess ary to provide se rvice will hereafter be const ructed by the City by m eans of special assessment proceedings, subdivide rs' c ash, City advanc es or o ther approp ri ate method, and th at all lands, easements or rights of way n ecessary the refor will be acquir ed by gift, purch ase, con- demnatio n or other appropri ate method. Th e owners and occup ants of the lots, tr acts, pieces and parcels of land lying withi n the bounda- rie s of the assessme nt dist rict shall at all times hereafter be entitled to the use a nd benefit of the P rima ry and Seconda ry supply lines to be co nstr ucted herein, subject to s uch reason able rates, ru les and regulations as are now or may h ereafte r be establish ed by the City, and subje ct to the pa yment of such re asonable connection cha rges as may n ow or hereafter be establish ed in ord er to compensate for the u se of said facilities as lo cal distributi on lines by proxi- mate properties or to compensate the City fo r the use of its trans- mission and distribution center works, exclusive of those to be constr ucted here in. Right, permission, pr ivilege and authority are hereby given and granted to the pre sent a nd future o wners and occu- pants of the lands within said assessmen t district to open and connect all ga s pipe line facilities which ma y herea fter be con- structed within the said district into and with the said primary an d secon da ry supply lin es, subject to the r ea son able ra te s, rule s, regulation s and conne ction charges referred to above. 14. Notice is hereby given that serial bonds to represent unpa id assessmen ts and bear in terest at the r ate of not to exce ed six per cent (6%). per annu m, will be issued her eunder in the manner pro - v ided in Bond Plan B, Section 13.16.110 of Chapter 13.16 of Title 13 of the Pa lo Alto Municipal Code, the la st installmen t of which bonds shall mature n ot to exceed n ine (9) yea rs from the secon d day of July next su cceeding ten mon ths from their da te. 5 • 4. w • 15. E xcept as he rein otherwise pro vided fo r the iss ua nce of bonds, all of said work shall be done as provided in Secti on 13 .12.040 of Chapter 13.12 of Title 13 of said Code, a nd Secti on 17 of Article XIII of the C onstitution of the State of California. 16. Said acq uisitions and imp rovem ents are hereby refe rr ed to the City Engineer of said City, as the office r havi ng ch arge a nd con trol of the acquisitio n and c onst ructio n of public imp rov eme nts in and for said City of the kind described herei n, b eing a competent person employed by said City for that p urpose; and s aid E ngineer is hereby directed to ma ke and file with the City Cle rk a rep ort in writin g, presen ting the follow ing: a) Plan s and specifications of the p=-oposed improvements to be made pursu ant to this Re so lutio n; b) • Engineer's estima te of the total costs and expenses of said acquisition s and impr ovements an d of the incident al expenses in conn ectio n ther ewith; c) Dia gram showing the assessment district ab ove r efe rred to, and also the b oundaries and dime nsions of the respective sub- divisions of land within sa id distr ict as he same e xiste d at the time of the passage of this Reso lution, each of which subdiv isions Shall be given a separa te number upon said diagram; d) A proposed assessment of the tota l a mo unt of the cost and expenses of the proposed assessments and improvements upon the sev eral subdivisions of land in said district in pr oportion to the estimate d benefits to be received by such subdiv isio ns, respectively, fro m said acquisitio ns an d impro vements; e) Ma ps and descriptions of the lands an d ea sements to be acquired. Whenever an y por tion or percen ta ge of the cost and expenses of the acquisitio ns an d impro vements is to be paid fr om sources other tha n assessments, the amount of such portion or percen tage shall fir st be dedu cted fr om the total estimated co st and expen ses of said 6 1 1 1 • • acquisitions and improvements, and said assessment shall incl ude only the remainde r of the estimated cost a nd expenses . Said assessme nt sha ll refer to said subdi visi ons by their respective numbers as assigned purs uant to s ubdivisi on (c) of this section . 17. If any excess sh all be realized f rom the assessment it shall be use d, in such amounts as the Council may d et ermine, in ac- c ordanc e with the provisions of law, for the m aintenance of the improvements unless the Council shall he reafter determine that it should be applie d as a credit upon the assessme nt and any supple- men tal assessmen t. * * * I hereby cer tify tha t the foregoing is a full, true a nd c or rect copy of a r esolution duly pa ssed and adopt ed by the City Council of the City of Palo Alto, Ca liforn ia, at a meeting t hereof held on the 12th day of August , 1968, by the following vote of the members the reof: AYES, and in favor thereo f, Councilmen: Arnold, Beahrs, Berw ald, Clar k, Dias, Gallagher, Gullixson, Pearson, Spaeth, Wheatley NOES, Co un cilmen: None ABSENT, Councilmen: APPROVE D: s • Co msto ck Ma yor of the City of Pa lo Alto 7 4 I SO st**fOR O MAP SHOW ING BOUNDARIES OF PROPOSED ASSESS ENT DISTRICT FOOTHILLS GAS SYSTEM 4 .. os Of ORO 41,14 JNDARIES OF PROPOSED =NT DISTRICT GAS SYSTEM A.A,P or T.HZ CrrY JT 1P_A Li El Y..s.� riA 01A."A aVA,1 ,