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HomeMy WebLinkAboutCity Council Resolution 211 WHJM:KJmh 10-19-64-10 RESOLUTION NO. A RESOLUTION O!F INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SARATOGA AND COX AVENUES STORM DRAIN PROJECT RESOLVED, by the City Council of the City of Saratoga, California~ as follows: 1. That in its opinion the public interest and convenience require and that it is the intention of said Council to order the following acquisitions and improvements, to-wit: The construction of reinforced concrete storm drain pipe, manholes, catch basins and appurtenances from a point in Mc~arland Avenue easterly in easements to be acquired herein~ thence northerly to a point in Cox Avenue, thence in Cox Avenue to Quite Road, together with similar facilities in Cox Avenue from the point heroinabove mentioned westerly about ?50 feet, together with the acquisition of necessary rights of way and easements and the construction of all work auxiliary to any of the above and necessary to complete the same. 2. Whenever any public way is herein referred to as running between two public ways, or from or to any public way, the inter- sections of the public ways referred to are included to the extent that work shall be shown on the plans to be done therein. 3- 8aid streets and highways are more particularly shown in the records in the office of the County Recorder ef 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 constructed a~ 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 specification to be made therefor, as heroinafter provided. 5. There is to be excepted from the acquisitions and improw ments herein described any thereof which have already been acquire~ 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 ex~mting, and that to said extent said grades are hereby changed and that said work will be done to said changed 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. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and the maps and descriptions, as contained in the Engineer~s report, shall' be controlling as to the correct and detailed description thereof. 9. That the City shall contribute to the project all amounts heretofore collected as stem drainage fees from properties to be assessed. Said contemplated acquisitions and improvements, in the opinion of the Council, are of more than local or ordinary public benefit and said Council does hereby make the balance of the costs and expenses thereof chargeable upon an assessment district, which district said Council declares to be the district benefited thereby the exterior boundaries of which are described as the exterior boundaries of the composite and consolidated area of the parcels of property shown on the map thereof entitled "Preliminary Storm Drain Layout, Storm Drain for Cox Avenue, City of Saratoga, CaliforniaT', on file in the office of the City Clerk, which indi- cates by a boundary line the extent of the territory included in the proposed district and which shall govern for all details as to the extent of the assessment district. lO. Said Council further declares that all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from the assessment hereafter to be made to cover the costs and e~penses of said acquisitions and improvements~ ll. Notice is hereby given that serial bonds to represent the assessments, and bear interest at the rate of not to exceed per cent (6%) per annum, will be issued hereunder in the manner ~rovided in the Improvement Bond Act of 1915, Division l0 of the ~treets and Highways Code, the last installment of which bonds shall not to exceed fourteen (14) years from the second day of July succeeding ten (10) months from their date. 12. Except as herein otherwise provided for the issuance of all of said improvements shall be done pursuant to the provi- sions of the Municipal Improvement Act of 1913. 13o Reference is hereby made to proceedings had pursuant to ~n 4 of the Streets and Highways Code on file in the office of the City Clerk. 14. Said proposed acquisitions and improvements s, re hereby referred to the Engineer of Work, being a competent person employed by said City for that purpose; and said Engineer is hereby directed to mak~ and file with the City Clerk of said City a report in presenting the following: a) Plans and specifications of the proposed improvements to be made pursuant to this Resolution of Intention; b) Engineer's statemmnt of the itemized and total esti- mated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; c) Diagram showing the assessment district above re- ferred to, and also the ~oundaries 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 in~ention~ each of which subdivisions 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 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 subdivisions, respectivel zaid acquisitions and improvements and of the expenses incider thereto; and e) Maps and descriptions of any lands and easements and property to be acquired. 15. If any excess shall be realized from the assessment it shall be used, in such amounts as the Council may determine in accordance with the provisions o~ law, for one or more of the fol- lowing purposes: a) Transfer to the general fund of the City, provided that the amount ef any such transfer shall not exceed the lesser of ~l, 000 or 5% of the 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 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 4th day of November , 1964, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Drake, Hartman, Tyler, Burry NOES, Counc i linen: None ABSENT, 0ouncilmen: None Ci~y' "O'ierk of the' City Of S~t0ga APPROVED