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HomeMy WebLinkAboutCity Council Resolution 889-C1870;~=87a WMAM:PDA:rva 12/29/78 12c RESOLUTION NO. 889-C A RESOLUTION OF INTENTION TO ACQUIRE AND CONSTRUCT IMPROVEMENTS VILLAGE PARKING DISTRICT NO. 4 ASSESSMENT DISTRICT RESOLVED, by the Council of the City of Saratoga, California, as follows: 1. In its opinion the public interest and convenience require and that it is the intention of said Council to order the acquisitions and improvements more particularly described in Exhibit "A" hereto attached and by reference incorporated herein. 2. To the extent that work, rights, improvements or acquisi- tions indicated in the Engineer's Report, to be made as provided herein, are shown to be connected to the facil~ities, works or systems of, or are to be owned, managed and controlled by, any public agency other than this entity, or of any public utility, it is the intention of the City Council to enter into an agreement or agreements with the public agency or public utility or both pursuant to Chapter 2 (commencing with Section 10100) ef Division 12 of the Streets and Highways Code of the State of California, which agreement or agreements shall provide for the ownership by said agency or utility of such works, rights, improvements or acquisitions, and may provide for the installation of all or a portion thereof by said agency or utility and for the providing of service to the properties in the area benefiting from said works, rights, improvements or acquisitions by said agency or utility in accordance with its rates, rules and regulations, and that said agreement or agreements shall become effective after proceedings have been taken for the levy of t~he assessments and sale of bonds and funds are available to carry out the terms of any such agreement or agreements. 3. Whenever any 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. 4. All of the blocks, streets and alleys herein mentioned are more particularly shown on maps of record in the office of the County Recorder of Santa Clara County, California, and shall be shown upon the plans herein referred to and be filed with the City Clerk of said City. 5. 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. 6. There is to be excepted from the work above 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. 7. Notice is hereby given of the fact that in many cases said work and improvements 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. 8. 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. 9. In cases where there is any disparity in level or size between the improvements proposed to be made herein and private property and where it is more economical to eliminate such disparity by work on said private property than by adjustment of the work on public property, it is hereby determined that it is in the public -2- interest and more economical to do such work on private property to eliminate such disparity. In such cases, said work on private property shall, with the written consent of the owner of said property, be done and the actual cost thereof may be added to the proposed assessment of the lot on which said work is to be done. 10. 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 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. 11. 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 chargeable upon an assessment district, the exterior boundaries of which district are the composite and consolidated area as more particularly shown on a map thereof entitled "Proposed Boundaries of Village Parking District No. 4 Assessment District", 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. 12. Said Council further declares that all public streets, highways, lanes and alleys 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 expenses of said acquisitions and improvements. 13. Notice is hereby given that, except as hereinafter provided, serial bonds to represent unpaid assessments, and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder in the manner provided in the Improvement -3- Bond Act of 1915, Division 10 of said Streets and Highways Code, the last installment of which bonds shall mature not to exceed fourteen (14) years from the second day of July next succeeding ten (10) months from their date. 14. Notice is further given that should there be publicly owned operative property within the assessment district, certificates or serial bonds to represent the unpaid assessments against publicly owned property in use in the performance of a public function and to bear interest at the rate of not to exceed eight percent (8%) per annum, will be issued hereunder pursuant to Section 10206 of said Streets and Highways Code and in the manner provided in Section 6467 or Chapter 4.5 (commencing with Section 6468), Part 5, Division 7 of said Streets and Highways Code, the Improvement Act of 1911, the last installment of which certificates or bonds shall mature not to exceed fourteen (14) years from, the second day of June beginning with the fiscal year next following the date of the bonds. 15. Except as herein otherwise provided for the issuance of bonds, all of said acquisitions and improvements shall be made and done pursuant to the provisions of the Municipal Improvement Act of 1913, Division 12 of said Streets and Highways Code. 16. Reference is hereby made to proceedings had pursuant to Division 4 of said Streets and Highways Code on file in the office of the City Clerk. 17. NOTICE IS HEREBY GIVEN THAT, in the opinion of this Council the area contained within said proposed assessment district and more particularly described in Exhibit "B" hereto attached and by reference incorporated herein, are the properties which will be benefited by the maintenance and operation of the off-street parking facilities, and that the public interest and convenience require, and that it is the intention of this Council to form said area into a parking maintenance district, under and pursuant to Section 10108 of Chapter 2 of Division 12 of the Streets and Highways Code of the -4- State of California, and Chapter 26 of Part 3 of Division 7 of said Code, to be known as "City of Saratoga Village Parking District No. 4 Maintenance District" for the purpose of paying the costs and expenses of maintaining and operating off-street parking facilities and appurtenances including, but not limited to, paving, curbs, gutters, sidewalks, wheel stops, signing, striping, storm drainage facilities, lighting facilities and landscaping, including irrigation system, now existing or hereafter to be constructed in or for said maintenance district, and of benefit to said maintenance district but not of benefit to the City of Saratoga as a whole, including the cost of necessary repairs, replacements, water, electrical current, care, supervision, and any and all other items necessary for the proper maintenance and operation thereof, and of all additions, improvements and enlargements thereto which may hereafter be made. 18. NOTICE IS FURTHER GIVEN that pursuant to Section 2263.2 of the Revenue and Taxation Code of the State of California and the petition of the property owners holding at least 60 percent in area of the land to be benefited, the maximum property tax rate which may be levied for such purpose, unless otherwise modified pursuant to law, shall be $7.00 per One Hundred Dollars of assessed valuation of the real property within said maintenance district and that a hearing will be had on the formation of said proposed maintenance district at the same time as the hearing on the report to be prepared by the Engineer of Work in said proceedings, at which time any and all persons interested may be heard. 19. Said proposed acquisitions and improvements are hereby referred to the Engineer of Work of said City as the officer having charge and control of the acquisitions and construction of public improvements in and for said City of the kind described herein, being a competent person employed by said City for that purpose, and said Engineer of Work is hereby directed to make and file with the -5- City Clerk of said City a 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 improvements to be made pursuant to this Resolution of Intention; (c) Engineer'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, 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 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 proportion to the estimated benefits to be received by such subdivisions, respectively, from said acquisitions and improvements, and of the expenses incidental thereto. When any portion oE percentage of the costs and expenses of the acquisitions and improvements is to be paid from sources other than assessments, the amount of such portion or percentage shall first be deducted from the total estimated costs and expenses of said acquisitions and improvements, and said assessment shall include only the remainder of the estimated costs and expenses. Said assessment shall refer to said subdivisions by their respective number as assigned pursuant to subdivision (d) of this section. 20. 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 Sect]on 10502.4 of said Streets and Highways Code, no notice of award of contract shall be published. 21. 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 more of the following purposes: -6- (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 expended from the improvement fund; (b) As a credit upon the assessment and any supplemental assessment; provided that such surplus may, if the City Council so determines, also be applied as a credit to the City on account of contributions made by it towards the costs and expenses of the acquisitions and improvements in the proportion which such contribution bears to the total amount of the assessment or supplemental assessment prior to the deduction of all such contributions; or (c) For the maintenance of the improvements. I hereby certify that the foregoing is 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 7th day of February , 1979, by the following vote of the members thereof: AYES, and in favor thereof, Councilmen: Kraus, Corr, Callon, Matteoni, & Kalb NOES, Counc i lmen: None ABSENT, Councilmen: None City e ' ' ~ atoga C1 rk'-bf t'h~ (~EAI~f Sar APPR ED: -7- 187~~.,87a EXBIBIT "A" a) The acquisition of that certain real property situate in the City of Saratoga, County of Santa Clara, State of California, more particularly described as follows: Lands to be acquired by the City of Saratoga, County of Santa Clara, State of California for Parking DiStrict No. 4. BEGINNING at the Southwesterly corner of Lot 10, Block 6, as said corner is shown upon the map of "Town of McCartysville" said map filed in the Office of the Recorder of the County of Santa Clara, State of California on September 28, 1870, in Book "A" of Maps at Page 43, said corner also being on the Northerly line of Oak Street; thence North 47° 00'.00" West 98.00 feet to the TRUE POINT OF BEGINNING: South 43° 00' 00" West 100.08 feet; thence South 47° 00' 00" East 23.00 feet; thence, South 43° 08' 00" West 58.00 feet to a point on the Easterly line of Fourth Street; thence along said Easterly line North 47° 00' 00" West 135.00 feet; thence leaving said line North 43© 00' 00~ East 220.00 feet; thence South 47© 00' 00" East 29.00 feet; thence North 43© 00' 00" East 80.00 feet to a point on the Westerly line of Third Street; thence along said Westerly line South 47° 00' 00" East 24.00 feet thence leaving said line South 43° 00' 00" West 108.00 feet; thence South 47° 00' 00" East 13.00 feet; thence South 43° 00' 00" West 50.00 feet; thence South 47° 00' 00" East 46.00 feet to the TRUE POINT OF BEGINNING. Said parcel containing 24230.00 feet or 0.556 acres of land. and the improvement thereof by clearing, grubbing, excavation, grading, removal of existing trees, shrubs and structures and construction therein of base, pavement, curbs, gutters, sidewalks, surface and subsurface storm drainage facilities, where required, lighting facilities, wheel stops, striping, signing, driveway approaches, and landscaping, including irrigation facilities, together with all work auxiliary to any of the above and necessary to complete the same as off-street parking facilities. b) The acquisition of all lands and easements and the performing of all work auxiliary to any of the above and necessary to complete the same as off-street parking facilities. 1873 87a EXHIBIT "B" CITY OF SARATOGA VILLAGE PARKING DISTRICT NO. 4 MAINTENANCE DISTRICT Lands to be considered as Parking District No. 4, City of Saratoga, County of Santa Clara, State of California, bounded and described as follows: BEGINNING at the Southeasterly corner of Lot 10, Block 6, as said corner is shown upon the map of "Town of McCartysville" said map filed in the office of the Recorder of the County of Santa Clara, State of California, on September 28, 1870, in Book "A" of Maps at Page 43, said corner also being on the Northerly line of Oak Street; thence along said Northerly line of Oak Street South 43o 00' 00" West 50.00 feet to the Southwesterly corner of said Lot 10; thence leaving the Northerly line of Oak Street and along the Westerly line of Lot 10 North 47o 00' 00" West 98.00 feet; thence leaving said Westerly line and running parallel to the Northerly line of Oak Street South 43o 00' 00" West 100.00 feet; to a point on the Easterly line of Lot 7, Block 6 upon said "Town of McCartysville" map; thence along said Easterly line South 47o 00' 00" East 23.00 feet; thence leaving said Easterly line South 43o 00' 00" West 75.00 feet to the Centerlineof Fourth Street; thence along said Centerline North 47© 00' 00" West 290.00 feet to the intersection and centerline of Big Basin Way; thence along the Centerline of Big Basin Way North 43o 00' 00" East 245.00 feet; thence leaving said Centerline South 47o 00' 00" East 184.00 feet; thence North 43° 00' 00" East 105.00 feet to the Centerline of Third Street; thence along said Centerline South 47° 00' 00" East 24.00 feet; thence leaving said Centerline South 43o 00' 00" West 125.00 feet to a point on the Easterly line of Lot 10, Block 6, of said map; thence along said Easterly line South 47° 00' 00" East 157.00 feet to the POINT OF BEGINNING. Said Parking District No. 4 containing 66,630.00 square feet or 1.53 acres of land.