HomeMy WebLinkAboutCity Council Resolution 185 WHJM: F DA: mb i.~_ 28. :,i 10 c
RESOLUTION NO, ~SS~!
A RESOLUTION OF INTENTION TO ACQUIltE~ AND
CONSTRUCT IMPROV~XD~TS
CHESTER AVEN~ IMPROVDIENT PROJECT
RESOLVED, by the City Council of the City of Saratoga,
California, that in its opinion the public interest and conven-
ience require and. that it is the intention of said Council to
order the acquisitions and improvements hereinafter described:
1. Whenever any public way is herein referred to as running
between two public ways, or from or to any 'a.:mblic way, the :i'at~.~r-
sections of the public ways referred to ;are included 'to "the ex-
tent that work shall be StlO~,~ on the plans to be done therelmn.
2. Said streets and highways are more particularly shown on
the records in the office of the County Recorder of Santa Clara
County, California, ~d shall be shom~ upon the plans heroin
referred to and to be filed with the City Clerk of said City.
3. All of said work and improvements are to be constructed
at the i:'~laces and in the parti. cu!ar locations, of the i'orms,
sizes, dimensions and materials, and at the lines, grades and
elevations as shown and delineated uL:~on the ~n~lans, profiles and
specifications to be :made therefor, as heroinafter .prowl. deal.
4. There is to be excepted from the work herein described
anD" of such work already done to line and grade and marked
excepted or sho~.m not to 'be done on said plans~ profiles and
specifications.
5. 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 'tt~at said work wi].]. be
done to said changed grades.
6. The acquisitions and improvements are described. as
follows:
(a) The acquisition of property for the widening of Chester
Avenue from Allendale Avenue to a point lO0 feet, more or less, northerly
of its southerly terminus, and for the opening of a new street to be
known as Chester Avenue from said point westerly and southwesterly along
the creek between the property of Stubbe and Pavlos and across the pro-
perty of Paylos to the southeast corner of the property of Cook and
southerly 200 feet, more or less, along the line common to the property
of McCullough and Jackson, and for the opening of a new unnamed street
from Sobey Road from the most northerly corner of the property of
Magnuson running thence westerly along the northerly line of the pro-
perty of Magnuson and along the line common to the property of Magnuson
and Weber thence northwesterly along the line common to the property of
Groteguth and McCullough and thence northwesterly and westerly acros~
the property of McCullough to the proposed new street to be ~nown as
Chester Avenue.
(b) The improving of Chester Avenue 9 feet, more or less~ on
either side of the center line thereof from Allendale Avenue southerly
825 feet, more or less~ by clearing, grubbing, grading and the con-
struction therein of base and seal coat of oil and screenings; the
improving of the southerly 25 feet, more or less, of Chester Avenue
from a point 825 feet, more or less, southerly of Allendale Avenue
southwesterly 450 feet~ more or less; the improving of Chester Avenue
from a point 1275 feet, more or less, southerly of Allendale Avenue
southwesterly to a point lO0 feet, more or less, northerly of its
southerly terminus, and the new streets to be opened as provided herein
by clearing, grubbing, grading and the construction therein of base,
pavement, street monuments, barricades, curbs and gutters where neces-
sary together with all appurtenances thereto.
(c) The construction of sanitary sewer mains, wye branches,
cleanouts, manholes and manhole frames and covers together with all
appurtenances thereto in the new street to be opened herein and known
as Chester Avenue for its entire length.
(d) The construction of storm drainage facilities including
culvertsj headwalls, channel realignment, catch basins, storm drain
mains, manholes, manhole frames and covers, and all appurtenances
thereto wherever required.
(e) The acquisition of all lands and easements and the
performing of all work auxiliary to any of the above which may be
necessary to complete the same.
7. Said Council does hereby adopt and establish as the
official grades for said work the grades and elevations to be
sho~m upon said plans, profiles and specif:ications. .All such
grades and elevations are to be in feet and decimals thereof w::LtlI'~
reference to the datum plane of the City of Saratoga.
8. 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
i'or the full length of the description thereof. The plans and
profiles of the work, and maps and descriptions, as contanLned j~n
the Engineer's report, shall be controllin~; as to the correct and
detailed description thereof.
9. Said contemplated acquisitions and improvements,in the
opinion of sanLd Council~ are oi' more than local or ordinary !.~ublic
benefit, and the costs and expenses thereof are made f']har~eable
upon an assessment district, the exterior boundaries of which
district are the composite .and consolidated area as more parti-
cularly shown on a :map thereof on file in the office of the Ci'tZ.r
Clerk, to ~.~hich reference l:s hereb~ made for further particulars.
Said map indicates 'by a boundary line the extent of the ter~"itorF'
included :in the proposed district and shall govern fo~'~ all details
as to the extent of the assessment district.
too Said Conncil further declares that all public streets
and hi~.,~ays w:ithin said assessment district in use in the per-
formance of a public function as such shall be omitted from the
assessment hereafter to be made to cover the costs and expe:nses
of said acquisitions and :improvements.
1D~. ~;]ot:Zce is hereby t~iven that serial bonds to represent
the un[~aid assessments, and bear interes. t at the rate of not to
e~,'~ceed six per cent (6%) per m'~num, ~il! be issued hereunder in
the manner provided in the improvement Bond Act of 19t~
Division 10 of the Streets and Highways Cocle, the last install-
merit of ~,..fi~:ich bonds shall mature not to exceed fourteen (1~.~), ~ears
from the second day of July next succeeding ten (!0) months from
their date.
12. Except as herein otherwi. se provided[ for the issuance of
bonds~ all of said acquisitions and improvements shall be. mad~.
and done pursuant to the provisions of the ~.lunicipa! Improvement
Act of 1913.
13. ]:{eference is hereby made to proceedm:i. ngs had pursuant to
Division ~ of the Streets and Highways Code on file :~i.n the ot'f..i. ce
of the City Clerk.
14. Said proposed acquisitions and[ improvements are hereb),'
referred to the Engineer of ]'lork, being competent persons employei':fi.'
by said City for that purpose, and said Engineers are here'bZ~
directed to make and file with the City Clerk of said City a
report in writing, presenting the following:
(a) ldaps and descriptions of all acqui. sltions to be made]
(b) Plans and specifications of the proposed improvements
to be made pursuant to this Resolution of Intention;
(c) Engineer' s statement of the itemized and total estim. ated
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 also 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 ]:~esolutlon of Intention, each
which subdivisions shall be given a separate nt~nber upon said
d i agrmn;
(e) A proposed assessment of the total o~-lount of tt~e costs
and expenses of the proposed acquisitions and improvements ul.~on
the several subdivisions of land in said district in proport:ion
to the estimated benefits to be received by such subdivisions,
respectively, from said acquisitions arid improvements, and of
the expenses incidental thereto.
15. If any excess shall be realized from the assessment it
shall be used, in such amounts as the ~,_ C~.ty _COunn~l may deter-
mine, in accordance with the provisions of law for one or more of
the following purposes:
(a) Transfer to the general fund of the City , ]pro-
vided that the amount of any such transfer shall not exceed the
lesser of $1,000 or 5% of tile total amount expended 'from the
improvement fund;
(b) As a credit 'upon the assessment and any supplemental
assessment~ or
(c) For the maintenance of the improvements°
**********
I hereby certify that the foregoing is a full, true and.
correct copy of Resolution duly passed and adopted by the City
Council of the City of Saratoga, California, at a meeting thereof
held on the 6=h d~r of Ma~ , 1964, by the following
vote of the members thereof:
AYES, and in favor thereof, CounciLmen: Glennon, Hardman,
Tyler, Sur~
NOES, Councilmen: None
A~, Councilmen: Drake
:~ty Cl~~: of the cit~f' Saratoga
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