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HomeMy WebLinkAboutCity Council Resolution 334 ". c WJML: JS: sin. 6-8-66 RESOLUTION NO. 334 A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS SARATOGA HILL ROAD, ET AL. IMPROVEMENT PROJECT RESOLVED, by the City Council of the City of Saratoga, California, 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: 1. (a) The acquisition of property necessary for the opening of a new road from Reid Lane northerly 545 feet, more or less, along that certain easement for road purposes described in the deed from the Estate of Alonzo Franklin Abernathy to L. L. Lewis, dated April 24, 19~6, and recorded May 24, 1946, to Saratoga Hills Road, a private road, as shown on the map of Tract No. 203, Saratoga Hills, thence northwesterly, southwest- erly and northwesterly, along said Saratoga Hills Road, 2025 feet, more or less, to a point 36 feet, more or less, south of the north line of Lot 6 of said Tract No. 203, thence southerly 366 feet, more or less, to a point on the west line of Lot 7 of said Tract No. 203, 253 feet, more or less, northerly of the southwest corner of said Lot ? and the improving thereof by clearing, grubbing, grading and the removal of existing trees, shrubs and structures and the construction therein of base, pavement, curbs, gutters, retaining walls where necessary, and surface and subsurface storm drainage facilities where necessary, together with all appurtenances thereto. (b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above 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. 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 re- ferred to and to be filed with the City Clerk of said City. 4. All of said work and improvements are to be constructed 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 work heroin described any of such work already done to line and grade and marked excepted or shown not to be done on said plans, profiles and specifications. 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 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 acquisitions and improvements and the te~mini of the work contained in this Resolution are general in natLure. All items of work do not necessarily extend for the full length of the description thereof. The plans and profiles of the work and maps and descriptions as contained in the Engineer's report, shall be controlling as to the correct and detailed description thereof. 9. Said contemplated acquisitions and improvements, in the opinion of said Council, are of more than local or ordinary public benefit, and the costs and expenses thereof are made charge- able upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particu- larly shown on a map thereof on file in the office of the City Clerk, to which reference is hereby made for 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 district. lO. Said Council further declares that all public streets and highways within said assessment district in use in the perform- snce of a public function as such shall be omitted from the assess- ment hereafter to be made to cover the costs and expenses of said acquisitions and improvements. ll. Notice is hereby given. that serial bonds to represent the unpaid assessments, and bear interest st the rate of not to exceed six per cent (6%) per annum, will be issued hereunder in the manner provided in the Improvement Bond Act of 1915, Division l0 of the Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (l~) years from the second day of July next succeeding ten (10) months from their date. The provisions of Ps~t ll.1 of said Act, providing an alternative procedure for the advance payment of assessments and the calling of bonds, shall apply. 12. Except ms 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 191S. 1B. 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 hereby referred to the City Engineer, being a competent person employed by said City for that purpose; and said Engineer is hereby direct- ed to make and file with the City Clerk of said City s report in writing, presenting the following: (a) Maps and descriptions of the lands and easements to be acquired; (b) Plans and specifications of the proposed improve- ments to be made pursuant to this Resolution of Intention; (c) Engineer's statement of the itemized and total !stimated costs and expenses of said acquisitions and improvements and of the incidental expenses in connection therewith; (d) Diagram showing the assessment district above re- ferred to, and also the boundaries and dimensions of the respec- tive subdivisions of land within said district as the same existed at the time of the passage of this Resolution of Intention, 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 upon the several subdivisions of land in said district in propor- tion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto. 15. Notice is hereby given that, in the opinion of the Council, the public interest will not be served by allowing the property owners to take the contract for the construction of the improvements and that, pursuant to Section 1050R.4 of the Streets and Highways Code, no notice of award of contract shall be publish- ed. 16. 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 of law for one or mope of the following purposes: (a) Transfer to the general fund of the City, provided that the amount of any such transfer shall not exceed the lesser of $1,000 or 5% of the total amount expanded from the improve- ment fund; (b) As a credit upon the assessment and any supplemental assessment; or (c) For the maintenance of the improvements. 17. The City will contribute toward the cost of the project an amount equal to two-thirds of the cost of said project and the balance of said cost will be assessed to the properties benefited. I hereby certify that the foregoing is s 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 I5th day of June , 19~_____, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Glennon, Tyler, ]:tartman, t~urry, J)raks NOES, Councilmen: None ABSENT, Councilmen: None Clerk of the C"~ty'~ s"~'¥a't"'~g~ 5