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HomeMy WebLinkAboutCity Council Resolution 741 - Sanitary Sewerage Project No. 1975-2 - `!+, � .. � . . • . WJML:SSD:v 7-29-7.5-15 RESOLUTION N0. _�741 . A RESOLUTION APPROVING FORM OF RESOLUTION OP INTENTION AND BOUNDARY MAP AND GRANTING GONSENT OF THE CITY COUNCIL OE THE CITY OF SARATOGA TO COUNTY SANITATION nISTRICT N0. 4 oF SANTA CLARA COUNTY TO UNDERTAKE - PROCEEDINGS TO CONSTRUCT A SANITARY SEWERAGE PROJECT AND TO PROVIDE THAT THE COST SHALL BE ASSESSED ON THE .DISTRICT BENEFITED UNDER APPROPRIATE SPECIAL ASSESSA9ENT AND ASSF3.SSMENT BOND PROCEEDINGS . ___ �.- --,-- .._ .._. . --- � , SANITARY SEWERAGE PROJECT N0. 1975-2 � UNIT N0. 2 RESOLVED, by the City Council of the City, of Saratogs, CaTifornia, that � WHEREAS, County Sanitation. District No.. 4 of Santa Clara County, pursuant to Section 1010� of the, Streets and Highways Code, has � submitted .to this. Council Por approval a :proposed Resolution of . � � Intention to form. an. assessment �district, together, �vith a plat . , indicating by a bouridary line the extent of territory included in the proposed diatrict, in view of the fect that a portion of the _ land to be assessed lies. within the corporate limits of the City of ` Saratoga; and � � WF�REAS, . the public interest end general welfare arill be served by the undertaking and completing of said pro�ect; , . NOW, THEREFORE, IT IS ORDERED, as follows: l. , That the form of Resolution of Intention to form an � assessment .district, submitted by the Board; of Directors oP . said � �Sanitation District and. this day presented to this Council, be, and it is he�reby �approved. � � � 2. That the plat indicating by a boundary line tfie extent of the ter•ritory included in the proposed assessment district, sub- , mitted by said Board "and thia day presented to this Council, be, , and it is hereby approved.. 3• That upon approval of the legislative bodies of any public entities with �urisdi,ction said Resolution of Intention ma.y be adopted, and said Board of Directors may there�fter take each and � • � . • every step required for or suitable for the consummation of the work and the levying, collection and enforcement of the assess- ments to cover the expenses thereof and the issuance and enforce- ment of bonds to represent unpaid assessments. 4. That consent be, and the same. is hereby granted to said Sanitation District to acquire end construct said sanitary sewera�e system as described in said Resolution, to form said assessment , district and .to make such changes and modifications therein as may be proper or advisable in the manner provided by law. 5. That consent be, and the same_ is hereby granted to said Sanitation District to open all .such public streets as are r.equired ' for the installation of aaid sanitary sewerage system. A11 work pertaining to' said 'project shall be done under the, direction of the District' s En�ineer and to the satisfaction of. the Director of Public Works of this City, and in conformity with good engineering practice. Said District En�ineer shall require of the contractor th�t all of the provisions of the specifications are complied with by the contractor, to the end that no greater amount of ditches are open at any time than is necessary, that they shall be ade- quately lighted and barricaded, that they shall be promptly back- . filled, and that the pavEment shall be restored with materials of like quality and character as those existing therein at the time of such work and to its former condition and state of usefulness as nearly as may be. In this rege�rd, District shall first receive the written approval of the D'irector of Public Works that all back- fill and pavin� complies with City requirements prior to final payment to contractor, to which District agrees by acceptance of the within consent, this resolution being conditioned upon such agreement by District. 6. That the Director of Public Works be, and he is hereby authorized and directed to carry out the pzv visions of this resolu- tion. � 2 , ,...:� '�..:.:- ' . . ' . - ' • ' .. . . • _ ' � ' �. 7. That the City Clerk be, and he is hereby directe.d to file with the Secretary of ,said District s► certif.ied copy of this RQsolution. . ; * : � * * �- * � � I hereby �certify that the foregoing is a full, true and � correct copy-of a resolution �duly pasaed. and adopted by the City Council oP .the City of Saratoga, California, at a meeting thereof _ -- -__-.. .__. held on the 6th daY o�'�:.August • � 1975 , b.y the followin� vote� of the members thereof: ' AYES, and. in favor ther.eof, Counc ilmen: Bri dges, Kraus, Bri gham, Corr, & Matteoni NOES, . Councilmen: • None : ABSENT, Councilmen: �ne . � � q e o o ara oga . APPRO , , , � . � ; a or ' � , . 3 . . . .. . , . . ' � .SSD:v -2 - -1 WJ� 7 9 75 5 RESOLUTION N0. 75 . A RESOLUTION OF INTENTION T0 ACQUIRE AND CONSTRUCT IMPROVEMENTS • SANITARY SEWERAGE PROJECT N0. 1975-2 UNITS NOS . 1 THROUGH 7, RESOLVED, by the BQard of Directors of County Sanitation District No. 4 of Santa Clara County, C.alifornia, that � 1. In its opinion the public interest and convenience require and that it is the intention of said Board .to order the improvements in and for said District as more particularly desc.ribed in Exhibit "A" � hereto attaehed and incorporated herein by reference. 2. 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 is shown on the plans to be done therein. . , 3. Said etreets and highways are more particularly shown in the records in the office. of the County Recorder of the County of Santa Clara, State of California, and shall be shown upon the plans herein referred to and to be filed with the Secretary of said District. , �. All of said work and improvements are to be constructed at the places and in the particular locations, of the forms, sizes, dimensions ar►d materials, and at the .lines, grades and elevations as shown and delineated upon the plans, profiles and specifica.tions to be made therefor, as hereinaPter. provided. 5. There is to be except�d from the work herein described any of such work already done to line and �rade and'marked excepted or shown not to be done on said plans, profilea and specifications. 6. Notice is hereby .given`. of the fact that in many cases said work and improvement may bring the finished a►ork to a grede different from that formerly existing and that to said extent said grades_ may be changed and that said work may be done to said changed grades. �, ' •. • 7. Said Bc�ard does hereby adopt and establish as the official �rades for said wortt the grades and elevations to be shown upon said plans, profiles and specificati�ns. All such grades and elevations are to be in feet and dec�imals thereof. with reference to the datum plane of the U. S. Coast Geodetic Survey. 8, In casea where there is any disperity in level or size between the imp�ovements proposed to be made herein and private prop- erty and where 3�t is more economical to eliminate such disparity by roaork on said private property than by e�d�ustment of the work on public property, 'it is .hereby determined.:'thet it ie in the public interest and �more economical to do such wo.rk �on.pr�vate property to eliminate such disparity. In such cases, said work,-on� private property shall, with the written consent of ttie o�mer oP said property, be done and the actual cast thereof may be added to the proposed assessment of the lot on which said work is to be done. 9. Notice is hereby given� that it is the intention of' the� Board to consider the adoption of an ordinance authorizing contributions by the .District f rom any sources of revenue not� otherwise prohibited by law, or any specified amount, portion or percentage of such revenues, for the purpose of acquisition or construction of improvements, the acquisition of interest in resl. property e.nd the payment of expenses incidental thereto for . the use and be�efit of the assessment dist.rict and to consider authorizing application of $uch revenues as a credit upon the assessment. 10. The desc riptions of the improvements and the termini of the work contained in this Resolution are �enerel in nature. All items of work do not necessarily extend for the� full length of the .descrip- tion thereof. The plans and profiles of the work, as contai:ned in the En�ineer' s Report, shall be controllin� as to the correct and detailed description thereof: 2 . y • � 11. Said contemplated improvements, in the opinion of said Board, are of more than loca.l or ordinary public benefit, and the costs and expenses thereof are made chargesble upon an assessment district, the exterior boundaries of which are the composite and consolidated area as more particularly shown on a ma,p thereof on file in the office of � the District Secretary, to which reference is hereb,y made fo.r 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 dist.ric.t, 12. Said Board further declares that all public streets and high- ways within said assessment district in use in the performance of a „ public . function as such shall be omitted f rom the assessment hereafter to be m�de to cover the costs and expenses of said improvements. 13. Notice is hereby given that serial bonds to represent the unpaid assessments and bear interest at the rate of not to exceed eight percent (8qb) per annum, will be issued hereunder in the manner Q provided in the Improvement Bond Act of 1915, Division 1� of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) yea�rs f rom the second day of July _ next succeeding ten (,10) months from their date. The provisions of Part ll.l of said Act, providin� an alternative procedure for the adve�nce payment of assessments and the calling of bonds, shall apply. 14. Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provi- sions of the Municipal Improvement Act of �913. � 15. Reference is hereby made to proceedings had pursuant to Division 4 of the Streets and Highways .Code on file in the_ office of the District Secretary. 16. Said ,proposed improvements are hereby referred to the District Engineer, being a competent person employed by said District for that purpose; and said Engineer is hereby directed to make and . 3 , , � • . file with the District Secretary a report in writing, presenting the .follo�ing: . . a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; b) Engineer' s statement of the itemized and total esti- mated costs and expenses of �aid improvements and of the incidental expenses in connection therewith; c) Dia�ram sho�aing the assessment district above referred to, and also the: boundaries and dirnensions of the respective subdivi- ; sions of land �ithin said district as the same existed at the time of t�he passage .o� this Reeolution of Intention, each of which sub- divfsions shall be: given a separate number upon said diagram; d) A °proposed, assessment of the total .amount of the costs and expenses of the proposed improVements upon the several subdivi- siona of land in said district in proportion to the estimated benefits to be received by such subdivisions, respectively, f rom said improve- ments, and oP the expenses incidental thereto; and e) Maps and descriptions oP any lands and easements to be acquired. When sn� portion or percentage of the cost and expenses of �the improvements is to be paid from aources other then assessmen.ts, the amount of such portion or p�rcentage ehall first be deducted from the total estirnated cost and expenses of said improvements, and said assessment shall include only the remainder of the estimated cost and expenses. Said assessment shall refer to said subdiviaions by their respective numbers as assigned pursuant to subdivision. (c) of this Section. 17. Notice is hereby given that in the opi�nion of the Board of Directors, the public interest w�ll, not be served by allowing the . property owners to take the c ontrect 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 publiahed. � . � � . ., '� • • � • _ 18. If any excess shall be realized from the assessment , it shall be used, in .such amounts as t.he Board may determine, in accor- , dance with the provisions of law, for one or more of the following purposes : .� . a) Transfer to the general fund of the District , provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5� of the total amount expended from the . improvemenj; fund; b) As a credit upon the assessment. and any supplemental assessment; or � � c) For the maintenance of the impr.oveinents . � � � � * � � * t , PASSED and ADOPTED by the Board of . Directors of County Sanitation District. No. 4 of Santa Clara County, on� the day of , 1975, by the following vote : AYES, and in favor thereof; Directors :. Bridges , Cody , Colla, Diridon, Gillmor, Lochrier, Paul � NOES, Directors : None � ABSENT, Directors : • None ATTEST: Chairman of said Boar.d District Secretary � � 5 � , .. , • _ � `/ • • � : EXHIBIT nA�r ' UNIT N0. 1 - County of Santa Clara - Clydelle Avenue The construction of sanitary sewer mains, wye branches , risers , mari- holes, cleanouts and laterals , with cast iron manhole and riser frames and covers, from a point in the intersection of Carlton Avenue and Clydell Avenue southerly approximately 775 feet thence easterly c ap.proximately 150 feet to an existing sewer line. UNIT NO.. 2 - City of Saratoga - Third Street The construction of sanitary sewer mains , wye branches,. risers, man-. holes, cleanouts and laterals, with cast iron manhole and riser frames and covers , .from an existing sewer line in the intersection of Third Street and Big Basin Way southeasterly approximately 200 feet more or less to a point in Third Street, thence northeaSterly in an easement to be acquired appr,oxiinately 150 feet. UNIT N0. .3 - County of Santa Clara - Dickens Avenue The construction of sanitary sewer mains, wye branches, risers, man- holes, cleanouts and laterals, with cast iron manhole and riser frames and covers, from the southerly terminus of an existing sewer line in Dickens Avenue southerly in Dickens Averiue a distance of � approximateiy 575 feet. � , UNIT N0. 4 - County of Santa Clara - Leigh Avenue The construction bf sanitary sewer mains, wye branches , risers , man- holes., cleanouts and laterals , with cast iron manhole and riser frames and . covers, from an existing sewer line in Leigh Avenue approximatelY ,300 feet north of the intersection of Leigh Avenue and Dry Creek Road easterly in an easement to be acquired approxi- mately 150 feet, thence . generally northeasterly in easements to be acquired a distance of approximately 775 feet to a point in Assessor' s Parcel No. 288-20-43. � UNIT N0. 5 - County of Santa Clara - Cameo Court The construction of sariitary sewer mains , wye branches , risers , man- holes, cleanouts and laterals, with cast iron manhole and riser frames and covers, from the southerly terminus of an existing sewer line in Cameo Court south 150 feet more or less to a point adjacent to the northerly line of Assessor' s Parcel No. 288-19-30; thence easterly from said point approximately 45 feet and westerly from said point 75 feet more or less. UNIT N0. 6 - County of Santa Clara - Flamingo Drive � The construction of .sanitary sewer mains, wye branches, risers , man- holes, cleariouts and laterals, with cast iron manhole and riser frarries and covers, from the southerly terminus of an existing sewer line in Flamingo Drive south approximately 180 feet along the common line of Assessor' s- Parcel Nos. 288-2Q-�$ and 288-20-49 to a point in Assessor' s Parcel No. 288-20-26. UNIT N0. 7 - County of Santa Clara - Monte Carlo The construction of sanitary sewer mains, wye branches , risers, man- _ holes , cleariouts and laterals, with cast iron manhole and riser frames and covers, from the southerly terminus of an existing sewer line in Monte Carlo' generally southwesterly approximately 210 feet more or less along the common :line of Assessor' s Parcel Nos. ' 288-20-.34_ arid 288-20-35 to a point in Assessor' s Parcel No. 288-20-04. .