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HomeMy WebLinkAboutCity Council Resolution 175 RESOLUTION NO. 175 A RESOLUTION DETERMINING TO UNDERTAKE PROCEEDINGS PURSUANT TO SPECIAL ASSESSMENT AND ASSESSMENT BOND ACTS FOR THE ACQUISITION AND CONSTRUCTION OF IMPROVEMEtES WITHOUT! PROCEEDINGS UNDER DIVISION II. OF T~ STREETS AND HIGHWAYS CODE SARATOGA AVENUE AND COX AVFEE IMPROVEMENT PROJECT RESOLVED, by the City Council of the CitF of Saratoga, California, that WHERFff~S, all of the owners of more than 60~ii!~ in area of th.e property subject to assessment therefor have eli[ned and filed with the City Clerk of this City a written petition for under-- taking proceedings pursuant to special assessment and assessment bond acts for certain acquisitions and improvements herei.~::'~after de:scri. bed and for assessing the costs thereof upon the propertl,zn~s benefited by sa:i.d acquisitions and improvemen.ts, and v~aiv~.n~!; proceedings ~der Division 4 of the Streets and ikLghwa. ys Code, for the following acquisitions and improvements: (a) The acquisition of propert~ necessarF to achieve a uniform right-of-way width of 120 feet m:'~d the i, mproving of Saratoga Avenue from. $ point about 1,780 feet northeasterl~ of the centerline Of Cox Avenue to a point about 1~400 feet so'~.~th-.. westerly thereof by grading and the construction therein of base pavement and wearing surface, and curbs and gu. tters to the star::,d- ards required by the Cit~ of Saratoga Ordinance No. NS-[~:).),.~ as shown on the plat entitled "Plan B Typical One Half Section" hereto s..tt~ched ahd incorporated heroin by reference~ wi. th the exact thickness of the base pavement to be determi. r'~ed ~"'.'.~ the Cit~, after appropriate soils tests, and the constru..~r'~tio:n of such s~rfsce and subsurface storm drainage faci]~n:Lties as nn,a~, be necess.- sty for adequate drainage as determined bF the City. (b) The acquisition of propertF' necessary to ach.:L.~zm. ve a m'~iform right-of-waF width of 8~ feet along Coz Ave~0ue Saratoga Avenue easterly' about 1.1550 feet, and the innprov:i:n~ the, re, of by grading and the construction therein of base wearing su. rface, and concrete curbs and au. tters to the stamdard..,:s established for two-lane thoroughfares on a 54-foot by City of Saratoga Ordinance No. NS-9.1, ns set forth oz~'~ th,e sheet numbered 1~ in the portion of said Ordinance enti~t!ed of Saratoga Street and Storm Drain Improvement Standards". (c) The acquisition of property necessary to a.<;hieve a. uniform right-of-way width of 60 feet along Co:~ Avenue from Saratoga Avenue westerly about 1,O00 feet, and the improving thereof by grading and the construction therei. n. of base pa'veme~:n,t and wearing surface, and concrete curbs and gutters to the standa~s established for two-lane thoroughfares on a 6G-foot ri.~t-of-~ay by City of Saratoga Ordinance No. NS-5.1, a.s set forth on the sheet :numbered 12 in the porti. on of sale1. Ordlnanc'.e entitled "City of Saratoga Street and Storm Drain Improveme:z'~t Standsrds"~ and the construction. of such surface and subsurface. storm drainage facilities as may be necessary for s. dequate n~.ra~..:n- age as determined by the City. (d) The acquisitlo~ of a3..t easements and the con- struction of all improvements auxiliary, to any of the above and necessary to complete the same. ~,~ER~S, t:here i.s to be excepted. from the acquisitions and :improvements herein described any thereof which have already been acquired or improved to the standa. rds required by the City of Saratoga at the time said improvements were i. nstalted. ~[EREAS, the City will contribute fifty per cent (50%) o:f the cost of the Saratoga Avenue improvements out of Federal fun<]s, should such become available through qualification of the project as an F. A. S. Urban· ~tension Project, and the balance of the cost of said acquisitions and improvements shall be assessed. against the property within. the boundaries of the district bene- flted thereby, which boundaries are described a.$ the exterior boredaries of the con;solidsted and composite area of th.e parcels of property set forth and numbered on th.e map entitle{] "PrelimJ..- nsrF Assessment Diagram, Improvement of Saratoga and Cox a copy of which is hereto attached and incorporated herein by refere:nce, and on file i:n the office of the City Clerk; provld. ed~ however, that the assessments agaJ.nst anl;, parcels the om~ers o:C which have agreed to construct improvements and provfided bonds. to guarantee performance of said agreements sha. 1]. be !i.mited to the cost of the improvements required und. er said agreemerr~.ts~ and the expenses :Lncide:ntal thereto~ and any' difference shs.].l be contr:ibuted by the City. 2 WEEPEAS, the public interest and convenience will be served by the taking of said proceedings; NOW, TNEREFORE, IT IS HEREBY FOUND, DETERMINED and ORDERED, that all'of the owners of mere than sixty per cent (60%) in area of the property subject to assessment for said improve- ments who appear to be such on the assessor's roll on the day that said petition was filed, or, in the case of transfers of land or parts thereof subsequent to the date upon which ~he last assessor"s roll was prepared, appear to be such on the records in the County Assesscr's office which the County Assessor will use to prepare the next ensuing Assessor's roll, have signed and filed with the City Clerk a written petition for improvements pursuant to appropriate special assessment and assessment bond acts, without further compliance with the provisions of Division 4 of the Streets and Highways Code. IT IS FURTNER FOUND, DETERMINED and ORDERED that said proceedings for the acquisition and construction of said improve- ments shall be had pursuant to the Nunicipal Improvement Act of 191B and the bonds upon the unpaid assessments thereof shall be issued pursuant to the Improvement Bond Act of 1915. IT IS FURTEER FOUND, DETERMINED AND ORDERED that the provisions of Division ~ of the Streets and Highways Code be, and they are hereby, dispensed with. I hereby certify the foregoing to be a full, true and correct copy of a resolution duly passed and adopted by the City Council of the City of Saratoga, California, at a meeting thereof held on the 5th day of February , 1964, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Brazil Drake, Tyler NOES, Councilmen: None ABSENT, Councilmen: Hartman City" 'Clerk ' ''~'' ~~ :: 0 ' the City~arat ga .~