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Home My WebLink AboutCity Council Resolution 177 RESOLUTION NO. 177 A RESOLdION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SARATOGA AVF~IUE AND COX AVENUE IMPROVEMENT PROJECT RESOLVED, by the City Council of the City of Saratoga, California, 'that 1.n :its opinion the public. interest and cc~nvenni. e~.~ce require and that it is the. intent:ion of said Council to order the following acquisitions and improvements, to wit: 1. (a) The acquisition of property necessar}~ to achieve a uniform right-of-wa~ width of 120 feet and the improvi. n.g of Saratoga A'venue from a point about 1,780 feet northeaster!F of the centerllne of Cox Avenue to a point about 1,~.OO feet westerly thereof by grading and the construction therein of base pavement and wearing surface, and curbs and gutters to the stand- ards required b~ the City of Saratoga Ordinance No. NS-5.1, as shown on the plat entitled "Plan B TFpics. 1 One Half Sect:ion" hereto attached and incorporated. heroin by reference, with the exact thickness of the base pavement to be determined by the City after appropm~iate soils tests, and the constructft..on of such. surface and subsurface storm drainage facilities as ma3;' be necessar~ for adequate drainage as determined by the City. (b) The acquisition of property necess. ar~ 'to achieve a uniform right-of-way-width of 8~. feet along Cox Avenue from Saratoga Avenue easterly about 1~50 feet, and the Improvii:u~g thereof by grading and the construction. there:i.i::~;. of base pavem. en.t and wearing surface, and concrete curbs and gutters to the stand- ards established for two-lane thoroughfares on a ~,fi...-:foot ws:F' by CitS~ of Saratoga Ordinance No. NS-5.1~ $.s set forth on the sheet numbered 1~ In the poPtics of said Ordinance entitled ~'Ci. tF' of Saratoga. Street and Stom Drain Improvement Standards.". {c) The acquisition of propert'~~ necessary to achieve s. unif.orm right-of-ws.y width of 60 feet alor~? C.oz Avenue from Saratoga Avenue westerly about 1,0OO feet, add. the imprcvini~]EiX. thereof by grading and the construction th. erein of base psve~.~,:.emt and 'wearing surface, and concrete curbs and gutters to the standards established for two-lane thorou. ghf~res on s 60-*foot rmkght-of-~,.mS;~ b~ City of Saratoga Ordinance No. NS-5,1~. ~s set forth on the sheet numbered 12 in the port~..o:r~ of sa:i.d. Ord.:Ln~;n,:::~.e entitled ~CitF .of' Saratoga Street a:nd. Storm :Drsira. I:~:'~'~prove,:m,?:~:n:~t S'ta:ndards", and the constrk.lct:~..on of s[1. ch s~jI:~f'~]ce ~]D.,::~ s 't o r:m d r a in age fs c :I.... 1 i t i e s a s :ma ~;~ b ene c e s s ~F~ r F f o r a d e q u a t e {::H~ m"~n :~:.:~:m- age as determined bF the Cit~;,. (d) The scqu:i.s:~.ti. on of all es:se:me:nt~s~m a:nd 'tl'~e s t ru..c t ::[cJ]. o f 8:1 i :I.>~:~.'~:~. ro ve.i::m.e:nt s a ~.l]i il la ry t o a 3::"3 ~:' o f the a bo necessarU to complete the same. 2. Whenever aBj public way is herein referred to as running between two public ways, or from or to any public way, the intersections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3. Said streets and highways are more particularly shown in the records in the office of the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and to be filed with the City Clerk of said City. 4. All of said work and improvements are to be construct- ed 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. 5. There is to be excepted from the acquisitions and improvements herein described any thereof which have already been acquired or improved to the standards required by the City of Saratoga at the time said improvements were installed. 6. Notice is hereby given of the fact that in many cases said work and improvement will bring the finished work to a grade different from that formerly existing, and that to said extent said grades are hereby changed and that said work will be done to said chan~ed grades. 7. Said Council does hereby adopt and establish as the official 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 Saratoga. 8. The descriptions of the improvements and the termini of the work contained in this resolution are general in nature. The plans and profiles of the work as contained in the Engineer's report shall be controlling as to the correct and detailed. description thereof. 9. The City shall contribute fJ.ft~r per cer:tt (![~],O~j!i~) ,c:,,f t;l"u,.e cost of the Sarato, ga Avenue improvements out off Federal :~unds~ should s~..~.ch become available thro. ugh. qualification o:f' f:.he proJ.e,:::m~:iv as a:n F. A. S. Urban Extenslor~ Project. SairJ contemp]..st:;ed ~,::::~:t~.,~.-- s:itions and J..mprovements, in the opinfi. on of izhe Council, are of more than local o!' ordinary pu. blic benefit $:c~d. safi.d Counc:::[]. does hereby;,' :make the balance of the costs and ezpenses ~;l':t. ereof chargeable upon an assessment district, which district said Council declares to be the district benefii;ed thereby,,. the e~ter:ior boundaries of which are described as the exter:l. or aries of the consolidated. and composite area o:ff the parcels property' set forth and. n.~bered o:n the :map en~Itl. ed Assessment Diagram, Improvement of Saratoga and Cox Avenues"~. a copl' of ~,~fiaich is hereto attached and :incorporated herein reference, and o:n file in the office of the CJ..t~ C!erl, c; provided~ however, that the sssessm. en~s against any' parcels the ow:n. ers of ~hich have agreed to construct improvements and provided t:>c, nds to guarantee performance of said agreements. shall be l~..mi~ed to the cost of the improvements required under said ag~reements., and the expenses ~+ncide:nts! thereto, and anS~ difference shall be contributed by' the City. i0. Said Comcil further declares that all public streets and hi.gb~ways within said assessment district in use in the per- formance of s public function as such shall be omitted from. ~he assessment hereafter to be made to cover ~he costs and expenses of said acqu. isi~ions and improvements. 11. Notice Is hereby given that serial bonds to represent the unpaid assessments, and bear interest at the rate of not ~::::~ exceed six per cent (6~) per annum, ~il]. be issued hereunder ~.:~'n the manner provided in the Improvement ~nd Act of 1.91~7., Dfivlsion 10 of the Streets and Nighways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of ~uly next succeeding ten (10) months from their date. 12~ Except as herein otherwise provided for the issuance of bonds, all of said improvements shall be done pursuant to the provisions of the Municipal Improvement Act of 1913, as amended. 13. 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. 14. Said proposed acquisitions and improvements are here- by referred to the Engineer of Work, 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 of said City a report in writing, presenting the following: (a) Maps and descriptions of any lands and easements and property to be acquired; (b) Plans and specifications of the proposed improve- ments to be made pursuant to this Resolution of Intention~ (c) Englneer's statement of the itemized and total estimated 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, andalso the boundaries and dimensions of the respective subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Inten- tion, each of which subdivisions shall be given a separate number upon said diagram; (e) A proposed assessment of the total amount of the costs and expenses of the proposed acquisitions and improvements (other than the portion to be contributed by the City) upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by such subdivisionsj re- spectively, from said acquisitions and improvements, and of the expenses incidental thereto. 15. If any excess shall be realized from the assessment it shall be spent for the maintenance of said acquisitions and improvements, unless the Council shall hereafter determine that said amount or any pa~t thereof shall be applied as a credit to each assessment heroin. ********* I hereby certify the foregoing to be a full, t~ue 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 ~ay Of February , 1964, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: GleDmon, Brazil, Drake, Tyler NOES, Oounc ilmen: None ABSENT, Councilmen: Harmnan